SpaSpace Connect Terms of Use Agreement
Last Updated: August 19, 2025
PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND Chicago City Spa, LLC (“SpaSpace Connect,” “SpaSpace,” “WE,” OR “US”).
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SpaSpace’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5 BELOW.
SECTION 17 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
By accessing or using the any SpaSpace website with an authorized link to this Agreement (“Site”), installing or using our mobile application(s) (“App”), accessing or using any content, information, services, features or resources available or enabled via the Site or in person at one of our locations (collectively with the Site, the “Services”), clicking on a button or taking any other action to signify your acceptance of this Agreement, or completing our account registration process, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract with SpaSpace; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services and to bind that entity to this Agreement. The term “you” refers to the individual or legal entity, as applicable, identified as the end user when you registered through the Services, whether as a “User,” “Facility” or “Provider” (as defined in Section 1 below). Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services and any agreements that you have separately executed with SpaSpace (“Supplemental Terms”) which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement. For example, we may require our Facilities to execute a separate Subscription Agreement, and in the event of a conflict between the Subscription Agreement and this Agreement, the terms of that Subscription Agreement will control and supersede this Agreement solely to the extent of such conflict.
Subject to Section 17.9 of this Agreement, SpaSpace reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
1. HOW THE SERVICES WORK. The Services may be used to facilitate the posting and booking of appointments (“Reservation(s)”). We make our Services available as an online platform for individuals who make themselves available for Reservations (“Providers”) seeking to provide certain training, wellness, spa and other similar services (the “Covered Services”) and to connect with other individuals who want to make Reservations (“Users”) for such Covered Services at physical facilities (“Facilities”). Facilities determine when to make the scheduling of Reservations available to Providers and Users on the Services. In addition, we provide certain products for sale on the Services (“Products”). Our responsibilities are limited to facilitating the availability of the Covered Services and the sale of the Products. Providers and Facilities are solely responsible for all of their own tools, equipment, training, automobiles, office space, licensing and other materials or requirements needed, desired or related to the Covered Services. Providers and Facilities are also solely responsible for the payment of insurance premiums, licensing fees, certifications, professional dues or other costs or expenses connected with their business, and acknowledge that SpaSpace will not reimburse them for any such expenses.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF USERS AND PROVIDERS FOR THE PURPOSES OF ARRANGING RESERVATIONS FOR COVERED SERVICE IN FACILITIES THROUGH THE SERVICES, BUT YOU AGREE THAT SpaSpace HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED BY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. SpaSpace CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY ACCOUNTS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY RESERVATIONS. SpaSpace IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL ACCOUNTS AND SERVICES. ACCORDINGLY, ANY RESERVATIONS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND USERS MUST SATISFY THEMSELVES WITH ANY PROVIDER’S CREDENTIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO MAKE A RESERVATION THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH SpaSpace AS A PROVIDER OF SUCH COVERED SERVICE.
PROVIDERS AND FACILITIES ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF SpaSpace. SpaSpace DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE SERVICES AND DOES NOT EMPLOY PROVIDERS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT SpaSpace DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A PROVIDER’S RESERVATIONS, BUT MAY MONITOR RESERVATIONS MADE THROUGH THE SERVICES. THE RELATIONSHIP BETWEEN PROVIDERS AND SpaSpace, AND FACILITIES AND SpaSpace, IS THAT OF AN INDEPENDENT CONTRACTOR.
2. USE OF THE SERVICES. SpaSpace and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, SpaSpace grants you a limited, non-transferable license to use the Services solely for your personal non-commercial purposes. SpaSpace, its suppliers, and its service providers reserve all rights not granted in this Agreement.
2.1 App License. Subject to your compliance with the Agreement, SpaSpace grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
2.2 Trademarks. SpaSpace’s stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services or otherwise in SpaSpace’s business (“Our Marks”) are the trademarks of SpaSpace and may not be used without explicit written permission, whether in connection with any third-party products or services or otherwise. Any such permission is conditioned on compliance with SpaSpace’s trademark usage policies and guidelines and all goodwill arising therefrom will inure solely to SpaSpace’s benefit. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
2.3 Certain Restrictions. You must, and hereby agree to, use the Services in compliance with our Acceptable Use Policy, found at the end of this Agreement and which is hereby incorporated. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Services or any portion of Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using SpaSpace’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; I you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services; (f) you shall not access Services in order to build similar or competitive products or services; (g) except as expressly stated herein, no part of Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Services; (i) you shall not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Services; (j) you will not take any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on our technical infrastructure; and (k) you will not interfere with or attempt to interrupt the proper operation of the Services through any virus, device, information collection or transmission mechanisms, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means. Any future release, update or other addition to Services shall be subject to this Agreement. SpaSpace reserves all rights not granted in this Agreement. Any unauthorized use of Services terminates the licenses granted by SpaSpace pursuant to this Agreement. The foregoing sentence is not exclusive of any other rights or remedies that may be available to SpaSpace under law, equity, statute, or otherwise.
3. REGISTRATION. When registering an account for the Services (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. If you are registering on behalf of a Facility, you represent that you have the right and authority from such Facility to register an Account and schedule availability on behalf of such Facility. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. If you book a Reservation for a minor or otherwise use the Services on behalf of a minor, then you represent, warrant and agree that you have authority to, and by such booking or use hereby do, bind such minor to this Agreement of their behalf. You further agree to notify SpaSpace immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account at any given time. SpaSpace reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of SpaSpace. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU.
4. PROVIDER-SPECIFIC TERMS.
4.1 Representations and Warranties. When using the Services as a Provider, you agree as follows:
(a) You will submit to a background screening conducted by SpaSpace, or otherwise required by associated Facilities, for the sole purpose of confirming Provider’s credentials and/or references. Provider represents that all information provided is accurate and complies with relevant law, and will immediately notify SpaSpace of any change in contact, licensing, or insurance information;
(b) You will supply SpaSpace with a true and accurate copy of Provider’s current license with the appropriate level of certification to provide the Covered Services;
(c) You must possess all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services.
(d) You assume complete responsibility for all Covered Services provided to each User and for compliance with all laws, regulations, and professional ethical guidelines and standards pertaining to Products and such Covered Services.
(e) You agree that, in the event SpaSpace or any facility determines you are not compliant with any law, regulation, or professional ethical guidelines and standards pertaining to Products and Covered Services, SpaSpace or any facility may suspend your Account and/or terminate your access to the Services, and that you will not create a new Account in the event of any such suspension or termination.
(f) You assume complete responsibility for gathering information from the User regarding any health or medical risks of your performance of the Covered Services.
(g) You represent that you are free to enter into this Agreement and perform each of its terms, and that you are not restricted (contractually or otherwise) from entering into and performing this Agreement, and is not subject to any suit, action, claim, arbitration or legal, administrative or other proceeding, or government or professional investigation, pending or threatened or affecting Provider’s ability to perform services hereunder. Provider will immediately inform the Company of any such action.
(h) You understand and acknowledge that this Agreement creates an independent contractor relationship and it is your and SpaSpace’s express intent that the relationship be interpreted and held to be that of an independent contractor for all purposes. You agree that you are not a joint venturer, franchisee, partner, agent or employee of SpaSpace, and you will not represent yourself as such.
4.2 Control. Provider maintains complete control over Provider’s use of the Services, including:
(a) Provider decides when to log into the Services and decides whether to accept, reject or ignore Reservations (except as set forth in Section 5.3);
(b) Provider is permitted to select Provider’s attire for the Covered Services – no uniforms or other specific clothes are required by SpaSpace;
(c) Provider confers with the User, to determine the time and Facility for the Covered Services;
(d) Provider is permitted to maintain Provider’s independent business and other clients without using the Services;
(e) Provider is not restricted from using competitive services or technology platforms; and
(f) Provider’s opportunity for profit or loss is dependent on his or her own managerial skill.
4.3 Non-Competition.
(a) Provider acknowledges and agrees that: (i) the restrictions contained in this Agreement, including, without limitation, the restrictive covenants set forth in this Section 4, (1) are reasonable and necessary and sufficiently narrowly-tailored in scope to protect the legitimate business interests of the SpaSpace, including, without limitation, the SpaSpace’s confidential information and relationships with its Users, prospective Users, and employees, (2) will not impair or infringe upon Provider’s right to work or earn a living following the termination of this Agreement, and (3) are an inducement to the SpaSpace to engage Provider; and (ii) Provider’s position is a position of trust and responsibility with access to (1) confidential information, (2) information concerning employees of the SpaSpace, (3) information concerning Users of the SpaSpace, and/or (4) information concerning prospective Users of the SpaSpace. Provider further agrees that during Provider’s engagement with the SpaSpace and in connection with the performance of the Services, Provider shall not breach any legal or contractual duty or agreement Provider entered into with any former employer or third party.
(b) During the term of this Agreement (the “Restricted Period”), Provider shall not, directly or indirectly, solicit any User of the Services for the purpose of selling or providing any Covered Services. The restrictions set forth in this subsection shall apply only to those Users or clients gained through the parties’ relationship under this Agreement (a) with whom or which Provider made Reservation(s) or provided Covered Services; (b) with whom or which Provider provided Covered Services; (c) whose dealings with the SpaSpace were coordinated or supervised by Provider; or (d) who receive products or services through the Services, the sale or provision of which results or resulted in compensation, commissions, or earnings for Provider within two (2) years prior to the date of termination or expiration of this Agreement.
5. FEES AND SUBSCRIPTION TERMS.
5.1 Payment. We may charge for certain tools or features and functionality of the Services. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide SpaSpace with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”), as a condition to signing up for Services for which we charge. Your agreement with your Payment Provider governs your use of the designated credit card, and you must refer to that agreement and not the Agreement to determine your rights and liabilities. By providing SpaSpace with your credit card number and associated payment information, you agree that SpaSpace is authorized to immediately invoice your Account for all fees and charges due and payable to SpaSpace hereunder and that no additional notice or consent is required. You agree to immediately notify SpaSpace of any change in your billing address or the credit card used for payment hereunder. SpaSpace reserves the right at any time to change its prices and billing methods, either immediately upon posting through the Services.
5.2 Service Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Fee”) at the time you subscribe to paid services and select your pricing package (each, a “Service Commencement Date”). The Service Fee may include one or more types of fees, such as subscription fees, booking fees, transaction fees or other fees we that we may now or in the future include in our pricing packages for paid Services that you have selected. Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and SpaSpace for the Services until SpaSpace accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
5.3 Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at SpaSpace’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from SpaSpace that your subscription will be automatically renewed, you will have thirty days from the date of the SpaSpace notice), by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact SpaSpace at support@spaspace.com or log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize SpaSpace to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if SpaSpace does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that SpaSpace may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Notwithstanding anything in this Agreement to the contrary, if you are a Provider, you may not cancel or pause your subscription if you have any current accepted Reservations unless you: (i) contact SpaSpace at support@spaspace.com to inform SpaSpace of your desire to cancel your subscription; and (ii) get all accepted Reservations reassigned to a different Provider prior to such cancellation. If you are a Provider, you may not cancel or ignore any current accepted or pending Reservations during or for thirty days prior to SpaSpace’s receipt of your notice to cancel or pause your subscription.
5.4 Provider Payments. Each Provider hereby appoints SpaSpace as the Provider’s limited payment collection agent solely for the purpose of accepting applicable payment from Users. Each Provider agrees that payment made by a User through the Services shall be considered the same as a payment made directly to the Provider, and the Provider will provide its services to the User in the agreed-upon manner as if the Provider has received the payment. Each Provider understands that SpaSpace accepts payments from Users as the Provider’s limited payment collection agent and that SpaSpace’s obligation to pay the Provider is subject to and conditional upon successful receipt of the associated payments from Users. SpaSpace reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by SpaSpace, as a result of any mistake or error, including any mistaken pricing or service description or other error. SpaSpace does not guarantee payments to Provider for amounts that have not been successfully received by SpaSpace from Users. In accepting appointment as the limited payment collection agent of the Provider, SpaSpace assumes no liability for any acts or omissions of the Users. Each User acknowledges and agrees that SpaSpace reserves the right, in its sole discretion, to charge User for and collect fees from the User. The “Provider Fee” is set by the applicable Facility.
5.5 Taxes. The payments required under Section 5.3 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If SpaSpace determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, SpaSpace shall collect such Sales Tax in addition to the payments required under Section 5.3 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to SpaSpace, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify SpaSpace for any liability or expense SpaSpace may incur in connection with such Sales Taxes. Upon SpaSpace’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.], which SpaSpace may update from time to time (the “Provider Fee Schedule”).
5.6 Withholding Taxes. You agree to make all payments of fees to SpaSpace free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to SpaSpace will be your sole responsibility, and you will provide SpaSpace with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
5.7 Third Party Provider. SpaSpace may use Stripe, Inc. (“Stripe”) as its third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By using the Services, you agree to be bound by Stripe’s Privacy Policy: https://www.stripe.com/privacy, and hereby consent and authorize SpaSpace and Stripe to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions. By making reservations on the Services, you also agree to be bound by Stripe’s Seller Terms: https://stripe.com/ssa.
5.8 Cancellation Policies. You may cancel a Reservation only in accordance with our cancellation policies, which may vary whether you are a User, Provider or Facility and may also depend on which of our Services you are using or have purchased. We may update our cancellation policies from time to time in our discretion. You acknowledge and agree that in some cases you may not be permitted to cancel a Reservation and/or you may be subject to additional fees and expenses as provided in our cancellation policies, including but not limited to payment of the Provider Fee for cancelled Covered Services. You agree to pay such costs and expenses. Please note that Facilities may establish their own cancellation policies that shall also apply to Users and Facilities.
5.9 Promo Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Each benefit may only be redeemed once per Account. Promo Codes for duplicate benefits will be voided. Only Promo Codes sent to you through official SpaSpace communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash, gift cards or cash equivalents; and (vi) may expire prior to your use.
6. RESPONSIBILITY FOR CONTENT
6.1 Types of Content. You acknowledge that all information supplied through the Services (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not SpaSpace, are entirely responsible for all Content that you upload, post, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other users of the Services, and not SpaSpace, are similarly responsible for all Content they Make Available through the Services (“User Content”).
6.2 No Obligation to Pre-Screen Content. You acknowledge that SpaSpace has no obligation to pre-screen Content (including, but not limited to, User Content), although SpaSpace reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that SpaSpace pre-screens, refuses or removes any Content, you acknowledge that SpaSpace will do so for SpaSpace’s benefit, not yours. Without limiting the foregoing, SpaSpace shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
6.3 Storage. Unless expressly agreed to by SpaSpace in writing elsewhere, SpaSpace has no obligation to store any of Your Content that you Make Available through the Services. SpaSpace has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that SpaSpace retains the right to create reasonable limits on SpaSpace’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by SpaSpace in its sole discretion.
7. OWNERSHIP.
7.1 Services. Except with respect to Your Content and User Content, you agree that SpaSpace and its suppliers own all rights, title and interest in the Services, and all parts thereof. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, or the Services.
7.2 Trademarks. “As between you and us, Our Marks are the exclusively property of SpaSpace and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
7.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Services. SpaSpace prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Services, or the purported sale, lease, gift or trade in the “real world” of anything that appears or originates in the Services.
7.4 Your Content. SpaSpace does not claim ownership of Your Content. However, when you as a User or Provider post or publish Your Content on or in the Services, including photographs submitted as part of an Account, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You grant SpaSpace a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Services to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not SpaSpace, are responsible for all of Your Content that you Make Available on or in the Services.
7.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to SpaSpace through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that SpaSpace has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to SpaSpace a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.
8. USER CONDUCT.
8.1 General. While using or accessing the Services you agree that you will not, under any circumstances:
(a) Provide any protected health information (“PHI”) to SpaSpace;
(b) Breach or circumvent any laws, third party rights or our systems, policies, or determinations of your Account status;
(c) Interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
(d) Fail to honor any transaction agreed to by you, unless the Provider fails to comply with the terms of such transaction;
(e) Post false, inaccurate, misleading, defamatory or libelous content;
(f) Take any action that may undermine our feedback or ratings systems;
(g) Bypass our robot exclusion headers, interfere with the working of the Services, or impose an unreasonable or disproportionately large load on our infrastructure;
(h) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(i) Use the Services to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or
(j) Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities; or (vi) infringes a third party’s intellectual property or privacy or other proprietary right.
8.2 Investigations. SpaSpace may, but is not obligated to, monitor or review the Services and Content at any time. Without limiting the foregoing, SpaSpace shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although SpaSpace does not generally monitor user activity occurring in connection with the Services or Content, if SpaSpace becomes aware of any possible violations by you of any provision of the Terms, SpaSpace reserves the right to investigate such violations, and SpaSpace may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
8.3 Ratings and Reviews. The Services may allow Users and Providers to post reviews, ratings and comments about other Users and Providers (collectively, “Reviews”), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are User Content that is not endorsed by SpaSpace and does not represent the views of SpaSpace. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. SpaSpace shall have the right, but not the obligation to monitor or review any Reviews at any time. SpaSpace reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that SpaSpace is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. SpaSpace does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only on your first-hand experience with the applicable Provider or User; (b) you will not provide a rating or review for any Provider or User with respect to which you have an employment relationship or other affiliation; (c) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (d) your review will comply with the terms of this Agreement. If SpaSpace determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
9. INTERACTIONS WITH OTHER USERS. Users and Providers are solely responsible for their interactions with each other, and any other parties with whom they interact; provided, however, that SpaSpace reserves the right, but has no obligation, to intercede in disputes. Users and Providers agree that SpaSpace will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT SpaSpace MAY, BUT IS NOT OBLIGATED TO CONDUCT CRIMINAL BACKGROUND CHECKS OR EVALUATE THE CREDENTIALS OF ANY PLATFORM USER OR PROVIDER. SpaSpace MAY, BUT IS NOT OBLIGATED TO, INQUIRE INTO THE BACKGROUNDS OF ITS PLATFORM USERS OR PROVIDERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS PLATFORM USERS OR PROVIDERS. SpaSpace MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF PLATFORM USERS OR PROVIDERS. SpaSpace AND FACILITIES RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
10. THIRD-PARTY SERVICES.
10.1 Third-Party Websites, Apps and Ads. The Services may contain links to third-party websites (“Third-Party Websites”) and apps (“Third-Party Apps”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party App or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Apps and Third-Party Ads are not under the control of SpaSpace. SpaSpace is not responsible for any Third-Party Websites, Third-Party Apps or Third-Party Ads. SpaSpace provides these Third-Party Websites, Third-Party Apps and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Apps or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Apps and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
10.1 Release. You hereby release SpaSpace Parties (as defined below) from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services. Should you, as a User, have a dispute with respect to any Reservation provided by a Provider, or fees charged pursuant to the Services, you must address such dispute with the Provider directly (although you may copy SpaSpace on the fee disputes). You, as a User, hereby agree to release SpaSpace Parties (as defined below) from any losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from or in any way connected with such disputes and your dealings with Providers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
10.2 App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and SpaSpace and not with the App Store. SpaSpace, not the App Store, is solely responsible for the Services, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
10.3 Additional Terms for Apple Apps. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Agreement is concluded between you and SpaSpace only, and not Apple, and (ii) SpaSpace, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between SpaSpace and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SpaSpace.
(d) You and SpaSpace acknowledge that, as between SpaSpace and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and SpaSpace acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between SpaSpace and Apple, SpaSpace, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f) You and SpaSpace acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
10.4 Additional Terms for Google Applications. The following applies to any Google Play Sourced Application accessed through or downloaded from Google Play:
(a) You acknowledge and agree that (i) the Terms are concluded between you and SpaSpace only, and not Google, Inc. (“Google”), and (ii) SpaSpace, not Google, is solely responsible for the Google Play Sourced Application and content thereof. Your use of the Google Play Sourced Application must comply with the Google Play Terms of Service.
(b) Google is only a provider of Google Play where you obtained the Google Play Sourced Application.
(c) SpaSpace, and not Google, is solely responsible for its Google Play Sourced Application;
(d) Google has no obligation or liability to you with respect to SpaSpace’s Google Play Sourced Application or these Terms; and
(e) You acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to SpaSpace’s Google Play Sourced Application.
11. INDEMNIFICATION. You agree to indemnify and hold the SpaSpace, its parents, subsidiaries, affiliates, officers, directors, employees, contractors, and agents and its licensors and suppliers (“SpaSpace Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations. SpaSpace reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SpaSpace in asserting any available defenses. You agree that the provisions in this Section will survive any termination of this Agreement or your access to Services.
12. DISCLAIMER OF WARRANTIES AND CONDITIONS.
12.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE SpaSpace PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
(a) SpaSpace PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE, COMPLETE, OR CURRENT; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (5) YOUR USE OF THE SERVICES WILL NOT EXPOSE YOUR HARDWARE OR NETWORKS TO ADDITIONAL SECURITY RISK; OR (6) THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICES.
(b) ANY RESERVATION BOOKED THROUGH THE SERVICES, OR ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. SpaSpace PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.
(d) YOU ACKNOWLEDGE AND AGREE THAT THE SpaSpace PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SpaSpace PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12.2 Disclaimer of Warranties and Conditions for Users.
(a) Medical Conditions Disclaimer. Consult your doctor before making any Reservation if you have any preexisting conditions that might be affected by your participation in any Covered Service. You are responsible for providing accurate information and disclosing any health or medical issues to your Provider prior to the start of any Covered Service. All Covered Services are tailored based on the information you provide. SpaSpace may refuse or cancel your membership or deny you access to a Reservation and/or Covered Service if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
(b) Product Descriptions Disclaimer. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to change without notice, and our current prices can be found on the Services. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Services. By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, promotional code, referral credit or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service.
13. LIMITATION OF LIABILITY.
13.1 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SpaSpace PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT SpaSpace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE SpaSpace PARTIES ARE LIABLE TO YOU EXCEED $100. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY. THE LAWS OF SOME OTHER STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SUBSECTION MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
13.3 User Content. The SpaSpace Parties assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content (including but not limited to Your Content and User Content), user communications, or personalization settings.
13.4 Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between SpaSpace and you.
14. Procedure for Making Claims of Copyright Infringement . If you believe content posted on the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: SpaSpace App, Inc., Attn: Copyright Agent, PO Box 550227, Atlanta, Georgia 30355.
15. TERMINATION. At its sole discretion, SpaSpace may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, SpaSpace reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to SpaSpace for any purchases will remain due.
16. INTERNATIONAL USERS. Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that SpaSpace intends to announce or promote the availability of such services or content in your country. Services are controlled and offered by SpaSpace from its facilities in the United States of America. SpaSpace makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
17. DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with SpaSpace and limits the manner in which you can seek relief from us.
17.1 Applicability of Arbitration Agreement. You agree that any dispute between you and us relating in any way to the Services or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and we may assert claims in small claims court if the claims qualify; and (2) you or SpaSpace may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
17.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.comor by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, SpaSpace will pay them for you.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the U.S. county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and SpaSpace. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
17.4 Waiver of Jury Trial. YOU AND SpaSpace HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SpaSpace are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
17.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER OR PERSON. If a decision is issued stating that applicable law precludes enforcement of any of this Section 17.5’s limitations as to a given claim for relief, then the applicable claim must be severed from the arbitration and brought into the state or federal courts located in the State of Delaware in accordance with Section 18.4. All other claims shall be arbitrated.
17.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: SpaSpace App, Inc., PO Box 550227, Atlanta, Georgia 30355 or e-mail support@spaspace.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
17.7 Severability. Except as provided in Section 17.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
17.8 Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with SpaSpace.
17.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if SpaSpace makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing SpaSpace at the following address: SpaSpace App, Inc., PO Box 550227, Atlanta, Georgia 30355.
18. GENERAL PROVISIONS.
18.1 Electronic Communications. The communications between you and SpaSpace use electronic means, whether you visit Services or send SpaSpace e-mails, or whether SpaSpace posts notices on Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from SpaSpace in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that SpaSpace provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
18.2 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without SpaSpace’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
18.3 Force Majeure. SpaSpace shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
18.4 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and SpaSpace agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the state or federal courts located in the State of Delaware.
18.5 Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
18.6 Notice. Where SpaSpace requires that you provide an e-mail address, you are responsible for providing SpaSpace with your most current e-mail address. In the event that the last e-mail address you provided to SpaSpace is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, SpaSpace’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to SpaSpace at the following address: SpaSpace App, Inc., PO Box 550227, Atlanta, Georgia 30355. Such notice shall be deemed given when received by SpaSpace by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
18.7 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: SpaSpace App, Inc., PO Box 550227, Atlanta, Georgia 30355 or e-mail support@spaspace.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
18.8 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18.9 Severability. Subject to Section 17.7, if any portion of these Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18.10 Export Control. You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18.11 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
18.12 Entire Agreement. This Agreement are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Acceptable Use Policy
Lasted updated: October 27, 2023
This Acceptable Use Policy (“AUP”) governs your use of the Services (as defined in your agreement with [X]). We may update this AUP from time to time, and it is your responsibility to periodically check for updates.
Acceptable Use
You agree to comply with our community guidelines that are posted in the Services and all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular and without limiting the foregoing, the following is a representative, non-exhaustive list of acts that are prohibited:
You agree to indemnify and hold the us harmless against any and all damages, losses, costs or expenses (including but not limited to our reasonable internal and external attorney’s fees and the costs of enforcing this AUP) that we may suffer or incur arising out of or in connection your actions or inactions that violate this AUP in any way.
SPAM
We enforces a zero-tolerance SPAM policy regarding information transmitted through our network. You may not use, directly or indirectly, our Services to send SPAM or cause SPAM to be sent. We may determine in its sole discretion whether any uses or transmissions are considered SPAM. “SPAM” includes, but is not limited to, the following:
If we determine that you have violated or act other than in strict compliance with this AUP, we may, without limitation to our other rights or incurring any liability and without notice to you, terminate your account(s) immediately and take steps to prevent you from using our network at any time thereafter.
Reporting and Violations
We request that anyone with information about a violation of this AUP report it by sending an email to: support@spaspace.com. We may suspend your access to the Services, in whole or in part, if it reasonably suspects an AUP violation.
Effective Date: [1/1/2025]
This Privacy Notice describes how Chicago City Spa, LLC including its brands “SpaSpace” and “SpaSpace Connect” (“SpaSpace,” “us,” “our,” or “we”) collects, uses, and shares your personal information via its website at https://www.spaspace.com/ and https://www.community.spaspace.com (our “Sites”), the SpaSpace Connect Web Application (our “Web Applications”) and our other digital services that post this Notice. Our services permit facilities, professionals, and consumers to interact, provide, and wellness treatments and other similar services. Our Sites and Web Application facilitate interactions between various parties, including independently owned and operated spa facilities (our “Partner Facilities”) and massage therapists and other wellness providers (“Partner Professionals”). Our Web Application permits consumers (“Service Users”) to search and book treatments, Partner Professionals, and Partner Facilities. Our Web Application permits Facilities to post booking opportunities to Partner Professionals. This Privacy Notice applies to our Partner Facilities, Partner Professionals, Service Users as well as other visitors to our Site and users of our services who may not fall into other defined audiences (“Visitors”).
This Privacy Notice does not apply to third parties, including those that may be linked from or support advertising accessible from or through our Site or Web Application. This Privacy Notice does not describe the practices of our Partner Facilities and Partner Professionals. You should contact those parties directly to learn how they may use your information. If you are a Partner Facility or Partner Professional, please note that your information may be shared with Service Users; we do not control Service Users’ use of information made available through our Web Application or otherwise. This Privacy Notice does not apply to information that cannot be identified to any individual, household, or their devices.
| Information We CollectHow We Use Information We CollectHow We Secure InformationHow We Share Information | What Choices Do I Have?Updates to Our Privacy NoticeContact Information |
Information We Collect
To provide our Site and Web Application, we may collect data by which you may be personally identified. We may also collect information about the devices and equipment you use to access our Site and Web Application, including usage data.
We may collect this information from a variety of sources, including:
Information you provide. If you are a Service User, you may provide your name, phone number, email address, and other information when contacting us or otherwise interacting with our Site and Web Application. Through your use of our Sites and Web Applications, we may also collect information about the sessions you book at Partner Facilities or with Partner Professionals, including your desired appointment time, payment information (including credit or debit card details and billing information), and transaction history, date, and services. You may also provide additional information such as any existing health conditions or service preferences.
If you are a Partner Professional, we may collect your name, mailing address, phone number, email address, certain tax information, Social Security number, and licensing information when you register for an account. To build your profile in our directory, we may ask you to indicate the services that you provide, geographical restrictions, and schedule availability and other information regarding your services and availability.
If you are an administrator, employee, or contractor for a Partner Facility, we may collect information such as your name, business contact information, the business’s physical address, phone number, services offered, and other information you provide about yourself and your facility.
Information we collect through automatic data collection technologies. We may collect data regarding your use of our Site and Web Application through cookies, web beacons, and other automatically collected information. This data may include the date and time of access and the pages and content you access during your visit, websites that you link to or from. We may also collect information from your mobile device or your computer about how you interact with our Site or Web Application, including the date of the visit, the time of arrival and length of visit, the type of device used and the operating system on that device, browser type, a list of files downloaded or pages viewed, your IP address, and any errors encountered. We may collect information about whether you receive or open an email or other communication from us, and the links you click on within those emails. This information helps us address customer support issues, provide you with a personalized experience, prevent fraudulent use of our services, and manage the Site and Web Application, including gathering aggregated data about engagement.
Cookies are small identifiers sent from a web server that are stored on your device for the purpose of identifying your browser or storing information or settings in your browser. We may use cookies to personalize your visit by storing your preferences or displaying content based upon what you have viewed through our Site, Web Application, and other websites. Web beacons or pixel tags are other means of tracking sessions and activity similar to cookies. Others and we may use these and similar technologies on our services and other websites.
We may obtain your location data, including permitting your device to send us your specific location or otherwise allowing us to geolocate you.
Other parties may collect personally identifiable information about your online activities over time and across third-party websites when you use our Sites and Web Applications. We do not control any personal information once collected by these parties. We do not respond to “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services. However, we provide a cookie management tool that permits you to set cookie and tracking preferences. Please note that these preferences may be limited to the device or computer you used to access our Site when setting such preferences. You can use our cookie manager here.
Information we collect from third party sources. We may collect information from advertisers, affiliates, promotional partners, and others. These and other third parties provide us information in connection with content, widgets, components, or other tools offered on our Sites and Web Applications. These third parties may collect information from these sources when you use our Sites and Web Applications.
Information from users of our Site and Web Application. We may receive information from other users of our services including satisfaction and service ratings, reviews and testimonials, information about transactions and experiences between Partner Professionals, Partner Facilities, and/or or Service Users, complaints, and other information that others provide to us.
How We Use Information We Collect
We may use data we collect to operate our business and for a variety of purposes, including the following:
As permitted by law, we may combine the information we gather about you in identifiable form, including information from third parties. We may use this information, for example, to improve and personalize our services, content, and advertising.
How We Secure Information
We are committed to maintaining measures to protect the security of your information. Of course, despite these measures, no network or system is ever entirely secure, and we cannot guarantee the security of networks and systems that we operate or that are operated on our behalf.
How We Share Information
We may share your information with third parties as reasonable to operate our business, to provide the Site and Web Application to you and others, as permitted or required by law, or as directed or authorized by you. For example:
Parties You Choose to Share Information With. When you use our Sites, Web Applications, or other services, your profile may be publicly accessible by other users on those platforms. For instance, if you are a Partner Facility or Partner Professional, information in your profile may be accessible to other users of our Sites or Web Applications, including those who are searching to book a massage or other wellness session. If you are a Partner Facility or Partner Professional, your basic profile information may be disclosed in a directory that is publicly available on our Site or through our Web Application. For Partner Facilities or Partner Professionals, we may also make public directory information available to other platforms and services.
Affiliated Companies. We may share some or all of your information with our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
Third Party Sharing. We work with third party parties to help us provide our Site and Web App and to support internal operations. We work with different types of third parties, presently including:
In some cases, these third parties may use your information subject to their own privacy policies and to comply with their own legal and regulatory obligations.
With Social Media Providers. We provide a social platform via Circle for us, our Service Users, Partner Facilities, and Partner Professionals to engage with each other. These features include discussion boards, chat, event calendars and other content. When you participate in these features, your information may be available to Circle subject to their privacy policies and terms.
Professional Advisors, Law Enforcement and Regulators. We share your information with our professional advisors who provide legal, compliance, auditing, accounting, insurance, banking, consulting, or similar services, and with regulators, law enforcement, or government agencies to:
Corporate Transaction. In the event of a corporate transaction, SpaSpace may share your personal information with companies or other entities in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, restructuring, divestiture or dissolution of all or a portion of our business, or other similar event.
Other Disclosures. In addition to the above disclosures, we may disclose personal information in the event that we believe such disclosure is (i) necessary to provide our services or operate our business; (ii) in accordance with purposes we describe when you share it with us; (iii) permitted by law; or (iv) at your direction.
What Choices Do I Have?
Update personal information. If you are a Partner Professional, Partner Facility, or a Service User, and have an account on our Site or Web Application, you can update certain information that you have provided by logging into your account. As permitted by law, we may not accommodate a request to change information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or prevent the provision of our Site and Web Application.
If you a Partner Facility, you may also contact your account administrator at SpaSpace to update information.
Marketing communications. You may receive marketing communications from SpaSpace. You may opt out of receiving marketing emails by following the unsubscribe link in each email. Please note that you may continue to receive non-marketing emails from us after you opt-out.
Cookies. You have a number of choices regarding certain cookies. Most web browsers automatically accept cookies, but you may modify your browser’s setting to notify you of cookie placement or decline cookies. If you choose to decline cookies, certain features of our website may not function properly or at all as a result.
Updates to Our Privacy Notice
We may update this Privacy Notice from time to time to provide clarification or notice of changes to our practices. If we make changes, we will revise the Effective Date at the top of this Privacy Notice. Changes to this Privacy Notice will be effective once they are posted unless otherwise indicated. We may choose to notify you by email to the primary email address specified in our records.
Contact Information
If you have any questions or concern about this Privacy Notice or the privacy practices at SpaSpace, please contact us by email at info@spaspace.com.