Last updated: October 15, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A RELEASE OF HERESPA FROM CLAIMS BASED ON ITS ORDINARY NEGLIGENCE AND OTHER LIMITS ON HERESPA’S LIABILITY (SEE “RELEASE AND LIMITATION OF LIABILITY”), A ONE-YEAR DEADLINE FOR CERTAIN CLAIMS (SEE “TIME LIMIT TO BRING CLAIMS”), AND AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION WITH A WAIVER OF CLASS ACTIONS AND JURY TRIALS (SEE “DISPUTE RESOLUTION”). YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.
Parties and definitions. These Terms of Use and Conditions (“Terms”) are an agreement between HereSpa LLC, a Georgia limited liability company (“HereSpa,” “we,” “us,” “our”), and you. “Site” means www.herespa.com; “Applications” means HereSpa’s mobile and web applications, including Book by chat and our automated phone booking assistant; together they are the “Portal.” “Services” means the beauty and personal-care services described in a booking accepted through the Portal. “Service Provider” or “Provider” means the independent professional who accepts a booking. “Booker” means the person who arranges or pays for a booking. “Recipient” means the person who receives a Service. “Customer” means a Booker or a Recipient. “HereSpa Protected Parties” means HereSpa LLC and its members, managers, officers, employees, agents, successors and assigns; it does not include Providers. In these Terms, “including” means “including, without limitation.”
How you accept. You accept these Terms when, after being presented with a statement that doing so means you agree to these Terms, you create an account, complete a checkout or payment (including for a booking you started in Book by chat, through a payment link sent after a phone booking, or by approving a booking by phone), buy a Gift Card or a membership, or take another action in the Portal. You also accept these Terms by signing or otherwise accepting a written or electronic acknowledgment of them, including one given to you by an organization that arranges your Service (for example, a HereSpa Connect client’s sign-up form or check-in acknowledgment). Each of these actions is your acceptance of the version of these Terms posted at that time or, for a written acknowledgment, the version it presents. These Terms are available to read, download and print at www.herespa.com/termsandconditions before you accept. Available account, booking, payment and communication records may be used as evidence of acceptance. Merely viewing public pages of our website does not by itself constitute agreement to the arbitration agreement or the release in these Terms.
Eligibility. You must be at least 18 years old and able to form a binding contract to create an account, make a booking or accept these Terms. If you accept these Terms for an organization, you represent that you are authorized to bind it.
Other agreements and order of precedence. If you are a Service Provider, the Vendor Platform General Agreement you accept governs your relationship with HereSpa as a Provider. If you are a business client of HereSpa Connect, the HereSpa Connect Service Agreement governs that business relationship. A specific accepted booking or event order controls its Services, date, location, quantity and price but does not change the arbitration, release, liability, privacy or consent provisions of these Terms unless a written amendment signed by both you and HereSpa expressly says so. Cancellation and rescheduling fees follow the schedules in these Terms; shorter summaries in the Portal, texts or receipts do not change them. Program terms posted on the Site, such as HereSpa Foundation terms, do not change the arbitration, release, liability, privacy or consent provisions of these Terms. These Terms govern everything else. Our Privacy Policy explains how we handle personal information; it is a notice, not part of this contract, and it does not waive your privacy rights. Only additional terms identified to you before you accept a transaction, or separately accepted by you, become part of these Terms. A Provider’s own terms do not bind you unless you separately accept them before the Service. Accepted booking terms and additional terms described in this paragraph are incorporated into these Terms for their stated subject matter. The Vendor Platform General Agreement and the HereSpa Connect Service Agreement bind only the Providers and business clients that accept them; for everyone else they are not part of these Terms, and their requirements, standards and HereSpa rights create no rights, duties or undertakings toward Customers, Recipients or other users. Mandatory law controls over any conflicting provision.
Earlier versions. Accepting this version does not release, limit or otherwise change any claim based on events before you accepted it; the release, liability limits and other substantive terms for those events are the ones in the version of these Terms that applied to you when they occurred. How Disputes are resolved is governed by “Covered disputes” in “Dispute Resolution.”
What HereSpa does. HereSpa operates the Portal. We provide booking technology, communications tools, customer support, and payment collection as Providers’ limited agent. HereSpa does not itself perform Services.
Your service contract is with the Provider. When a Provider accepts a booking, the Provider agrees directly with the Booker to perform the described Services for the identified Recipient at the agreed place and time. HereSpa is not a party to that service contract. HereSpa’s own obligations to you are the ones expressly stated in these Terms, such as the Service Quality Guarantee and the refund rules. A booking is only a request until a Provider accepts it; the Portal shows when it is confirmed. If we propose a replacement Provider, you may decline the replacement before the Service without a cancellation fee.
Providers are independent businesses. Providers are independent contractors who operate their own businesses. They are not employees, agents, joint venturers or partners of HereSpa. Providers decide whether to accept a booking and are solely responsible for how they perform Services, including their professional judgment, methods, licenses and permits, products, equipment, sanitation and safety. Except for a Provider’s appointment of HereSpa as its limited payment-collection agent and a Provider’s authorization for HereSpa to accept bookings under availability, automatic-acceptance or recurring settings the Provider chooses, neither HereSpa nor a Provider may make commitments on the other’s behalf.
Payment collection. Each Provider appoints HereSpa as its limited agent to collect payment for Services booked through the Portal. When you pay the authorized amount to HereSpa or to our payment processor through the Portal (including at checkout or through a payment link we send), your payment obligation to the Provider for that amount is satisfied. Your receipt shows the Service, the price and any HereSpa fee.
Our rights are not duties to you. HereSpa may, but is not required to, set Portal standards; review Provider applications, identity, license or insurance documents; run screenings; collect ratings; monitor bookings; and suspend or remove Providers. We do these things for our own business purposes. Doing or not doing any of them is not an undertaking to you or anyone else to inspect, supervise, verify or guarantee any Provider, location or Service, and does not create a duty of care that the law would not otherwise impose. This does not limit any duty that the law imposes directly on HereSpa.
Services arranged outside the Portal. Services that are not part of a booking accepted through the Portal (for example, services you arrange or pay for directly with a Provider, even one you met through the Portal) are not HereSpa bookings. HereSpa is not a party to them, does not guarantee or insure them, and is not responsible for them. The Service Quality Guarantee and refund rules do not apply to them, and any HereSpa insurance applies only as its policy terms provide.
Keep Portal relationships on the Portal. For 12 months after your most recent Portal booking with a Provider you were introduced to through the Portal, you agree not to arrange or pay for beauty or personal-care services from that Provider outside the Portal. If you do, those services are not HereSpa bookings, and we may suspend or close your account. This does not restrict emergency communications, lawful reports to authorities, or services from a professional you already used before you met them through the Portal, and it applies only to the extent the law of the state where you live allows.
Your account. You may book as a guest or with an account. If you create an account, provide information that is true, accurate and complete, and keep it updated. You may hold only one account. You may close your account at any time by contacting support@herespa.com. Guest bookings are also governed by these Terms.
Account security. Use reasonable care to protect your login credentials and tell us promptly at support@herespa.com if you suspect unauthorized access. You are responsible for activity you authorize. Responsibility for activity you did not authorize depends on the facts and applicable law.
Booking for someone else. You may book and pay for Services for another Recipient, such as a family member, friend or resident. Identify the Recipient accurately and do not impersonate anyone. When you book for someone else, you represent that: (a) the Recipient asked for or agreed to the booking, or you are their legally authorized representative; (b) you are authorized to share the information you provide about the Recipient, and it is accurate to the best of your knowledge; and (c) before the Service, you will give the Recipient the booking details and tell them that the Service is provided under these Terms, including the “Release and Limitation of Liability” and “Dispute Resolution” sections. If you are authorized to act for the Recipient, you also accept these Terms on the Recipient’s behalf. You are responsible for the payment and other commitments you make. You do not warrant the Recipient’s medical fitness.
Recipients. A Recipient who creates an account, books or pays accepts these Terms directly. A Recipient is bound only if they accept these Terms or a legally authorized representative validly accepts on their behalf. For an adult Recipient who cannot make their own decisions, only a legally authorized representative acting within their authority may accept for them. A family relationship, payment, facility employment or the act of booking does not by itself give someone that authority. A capable Recipient may refuse or stop a Service at any time, regardless of who booked or paid. Claims a Booker brings because of what happened to a Recipient (for example, for medical expenses or loss of companionship) are the Booker’s own claims under these Terms.
Minors. A Service for a person under 18 must be booked by the minor’s parent or legal guardian, who accepts these Terms for the minor to the extent the law allows and must remain in the same room for the entire Service. Providers may decline any Service for a minor. These Terms do not release a minor’s own claims; a parent or guardian releases only their own claims, as stated in “Release and Limitation of Liability.”
Membership terms. Beauty Membership is an optional monthly subscription. Before you enroll, the Portal shows the monthly price, any free first month and the price that applies after it. The membership renews automatically each month until you cancel; you can cancel anytime at https://www.herespa.com/account/membership. We charge you only after you agree to the recurring charge in the Portal. If you enroll with a free first month, we charge the monthly price when it ends unless you cancel before then. You can view your membership and cancel at any time at https://www.herespa.com/account/membership. Recurring debits from a consumer bank account or debit card are also subject to the “Recurring Consumer-Account Debits” rules in the “Payment” section.
Canceling your membership. You may cancel at any time at https://www.herespa.com/account/membership, by emailing support@herespa.com or by calling 1-234-437-3772. If you enrolled online, you can cancel online without speaking to anyone or accepting a retention offer. Your cancellation takes effect when we receive a clear request that lets us identify your membership. Online cancellations are confirmed on screen; we confirm cancellations made another way as the law requires. Requests submitted by email, phone or text may require staff processing. Keep a copy or record of your request. When your cancellation takes effect, your membership and its benefits end immediately and no further renewal is charged. Membership fees already properly charged are not prorated or refunded, except for duplicate, unauthorized or post-cancellation charges or where the law requires a refund. Canceling a membership does not cancel your bookings, and canceling a booking does not cancel your membership.
Changes and notices. We give you notice before a price increase or a material reduction in benefits takes effect at your next renewal, within the time the law requires, and we obtain any new consent the law requires. You may cancel before the change applies. If we end the membership program or cancel your paid membership for a reason other than your breach, fraud or a payment dispute, we refund the unused portion of that month’s fee on request. We may suspend membership benefits while we review a suspected fraud, security or safety concern.
Booking through the Portal. Make all bookings, including added or changed Services, through the Portal. Additions or changes may change the price. A Provider decides in their sole discretion when they are available and whether to accept your booking.
Appointment timing. Because Services are performed at your location, small variations can occur because of traffic, parking, building access and safely carrying equipment. An arrival within fifteen (15) minutes after the scheduled time is not by itself a material delay, as long as the booked Service is not shortened as a result. This allowance does not apply to a Service expressly identified as requiring a fixed start time.
Service duration. The estimated appointment length includes setup and cleanup and is for scheduling only. Actual time may vary with the options selected and individual needs. Any treatment time expressly included in your booked Service still applies.
Booking and payment records. Our Portal records of bookings, requests, cancellations, transactions, messages, parking receipts and payment links are presumed accurate unless you show otherwise with reliable evidence, such as a confirmation, email, text, call record or receipt. You may request booking changes through your account, by texting or calling 1-234-437-3772 or by emailing support@herespa.com. The time we receive a clear cancellation request that identifies the booking controls the fee timing, even if our system records it later. Requests submitted by email, phone or text may require staff processing. Keep a copy or record of your request and contact support if you do not receive confirmation. If one method fails, use another. A requested change that needs Provider availability or a new price takes effect when you accept the confirmed new arrangement; until then, a valid cancellation request remains effective.
Cancellation and rescheduling. The schedules below apply to cancellations and reschedules you request. “Day of service” and all cutoff times use local time at the service address. A percentage fee is calculated on the amount paid for the affected booking, excluding tips, parking and membership fees. Any service fee shown at checkout is refunded when a booking is fully canceled with a full refund. A request received exactly at the scheduled start time counts as at or after the start; a request received exactly 90 minutes before the scheduled start counts as “90 minutes or less before the start.”
How the schedules work. Only one cancellation or rescheduling charge applies to the same appointment; a rescheduling fee already paid is credited against any later cancellation fee for that appointment. The “90 minutes or less” and at-or-after-start rows apply even when the request is made on the calendar day before the service. Where a reduced fee depends on rescheduling within 14 days, the new service date must be within 14 calendar days after the original appointment date. If the Provider arrives and cannot start because the Recipient or access to the service location is not available and you cannot be reached within a reasonable time, the booking is suspended and treated as a rescheduling request received at the scheduled start time. If a booking you asked to reschedule, or a suspended booking, has not been rebooked for such a date by 14 days after the original appointment date, it is automatically canceled; the applicable cancellation fee, less any fee already paid, is charged once, and the rest is refunded. These charges are a reasonable estimate of the reserved time and lost availability that a late change causes and are not a penalty.
When no fee applies. No cancellation fee applies when the cancellation is caused by HereSpa or the Provider (other than HereSpa’s cancellation because of your material breach, as described in “Term and Termination”), such as when no Provider attends, the Provider cancels, the wrong Service is offered, you decline a replacement Provider, or the Provider acts unsafely or unlawfully. If a Service cannot proceed or is stopped because you or someone present gave materially inaccurate information or did not meet your obligations under “Safe service location” or “Parking and access,” the cancellation schedule applies as of that time, after we review the facts, except that a booking suspended as described in “How the schedules work” is handled as stated there. A Recipient or Provider may stop a Service that is unsafe, unlawful or not consented to; a good-faith safety concern, a request for emergency help or a lawful report is never by itself a basis for a fee.
Phone bookings. Any fee for booking by phone is disclosed before you approve the booking, is included in the total you approve and is shown on your receipt.
Recurring Services. You may set up a recurring series of appointments only by separately and affirmatively authorizing it on an enrollment screen that shows the Services, the Provider or how a substitute is chosen, the frequency, the price of each appointment, the first service and charge dates, and how to cancel. A Provider’s request or merely saving a payment method does not enroll you. The enrollment screen is your record of these terms; you can save or print it, and we will email you a copy on request. With your authorization, each appointment is booked and ordinarily charged 24 hours before its start, subject to “Recurring Consumer-Account Debits.” You may stop future appointments through the enrollment or account link, by text or call to 1-234-437-3772 or by email to support@herespa.com. Telling your Provider is not a request to HereSpa; your request is effective when HereSpa receives it. Stopping the series stops new bookings and charges; an appointment already booked follows the cancellation schedule above. A change in the price of each appointment requires your new authorization before we charge the new price; until you approve it, no appointment is charged at the new price and the series may be paused. Your Provider may change the day, time or frequency of appointments in the series without changing the price of each appointment; we will ordinarily tell you about the updated schedule by text message. If a change does not work for you, tell us before the affected appointment and we will cancel that appointment without a cancellation fee and refund any amount charged for it; you may also stop the series as described above.
Prices and authorization. Before you book, we show or tell you the Service price, any HereSpa fees, applicable taxes, any optional tip and the total, and we disclose any possible variable charge such as parking. You authorize us to charge the amount you approve to your selected payment method at the time stated at checkout, which is ordinarily when you book. HereSpa Connect business charges follow the Connect agreement. Added or changed Services, price increases and tips require your approval before we charge them; a saved payment method is not unlimited authorization. If a Gift Card or Account Credit does not cover the full total, you must add another payment method for the difference.
Payment processors. We use third-party payment processors, including Stripe and PayPal, to process payments. Their services are governed by their own terms. HereSpa does not guarantee their uninterrupted operation and is not responsible for their acts or omissions, but remains responsible for its own instructions to them and its own refund and payment obligations under these Terms.
Recurring Consumer-Account Debits. If a membership or recurring Service is paid by recurring electronic debits from a consumer bank account or debit card, your agreement on the enrollment screen is your written authorization, signed or similarly authenticated. The enrollment screen shows the terms of your authorization, and you can save or print it as your copy; we will also email you a copy on request. For a recurring Service, we debit only the per-appointment amount you authorized unless you authorize a different amount first; a schedule or frequency change under “Recurring Services” can change how often you are charged, but not the amount of each charge. If a membership debit will differ from the previous membership debit or from the amount you authorized, we will send you written notice of the amount and date of the debit at least ten (10) days before it, and you may cancel before then. Your bank’s stop-payment rights remain available.
Electronic records. You agree to receive these Terms, receipts, notices and other records electronically by email, text or through the Portal. This consent covers all account, booking, membership and payment records, including payment authorizations and notices. You need an internet-connected device, a current browser, email and the ability to save or print pages or PDFs. To get a free paper copy of a required record, or to withdraw this consent (which may end your use of the Portal), contact support@herespa.com. We will tell you of material changes to these requirements.
Refunds, tips and taxes. Payments for Services are refundable only as stated in these Terms (including the cancellation schedules, the Service Quality Guarantee, membership and gift card rules) or as required by law. Tips are optional, are refunded if a Service is canceled or not performed, and are paid to the Provider, less only any payment-processing fee permitted by law; we refund erroneous or unauthorized tips. Prices do not include taxes unless stated; you are responsible for taxes lawfully imposed on your purchase.
Unpaid amounts. If a charge fails, the amount remains due, and we may contact you to collect it, refer it to a collection agency or take other lawful collection steps. We may decline new bookings while an undisputed amount remains unpaid. Where the law allows, we may offset undisputed unpaid amounts against refunds or free credits we owe you. To the extent permitted by law, undisputed amounts more than 30 days past due bear simple interest at the lesser of 1.5% per month or the maximum lawful rate.
Billing disputes and chargebacks. If a charge looks wrong, contact support@herespa.com or 1-234-437-3772 so we can investigate. Contacting us is not a condition of using your card issuer’s or bank’s dispute rights and does not extend their deadlines. We may give your payment provider accurate records about the transaction and coordinate refunds to prevent double recovery. While a payment dispute is open, a refund owed for that same payment may be handled through the dispute process to prevent double recovery, subject to applicable law and processor requirements. A pending dispute does not by itself satisfy a refund we owe; any remaining amount is settled when the dispute is resolved. You must not knowingly submit false information to a card issuer or payment processor or keep a double recovery for the same charge. If a dispute was knowingly false or duplicative, we may recover any double recovery and the third-party dispute fees we paid, to the extent the law allows. A payment dispute may automatically trigger restrictions on future payments, account closure, and cancellation of memberships, upcoming bookings or recurring services, before the dispute is resolved. No cancellation fee applies to upcoming bookings canceled this way. These actions do not eliminate your statutory dispute rights or entitlement to refunds required by law.
Parking and access. You are responsible for providing clear access instructions and access to free, lawful parking at or near the service location. If free parking is not available, you agree to reimburse the actual, reasonable parking charge the Provider incurs (for example, a meter, garage or required valet fee), without markup, supported by a receipt. Providers are never required to park unlawfully. Only the actual charge on a valid receipt is reimbursable; optional attendant tips are not. The Provider submits a parking charge through the Portal during the Service; if that is not possible, HereSpa may submit it for the Provider within a reasonable time after the Service. You will receive a link by text message to review and pay the charge, and the amount is due when you receive the link. Tell us promptly if a parking charge looks wrong so we can review it. A parking charge not disputed within 5 days after you receive the payment link is treated as accurate, without limiting your card issuer’s or bank’s dispute rights. If lawful parking or safe access is not available, the Provider may pause or decline the Service, and any fee is governed by “When no fee applies.” Parking citations, towing fees and penalties are the responsibility of the person legally responsible for them; a Customer’s directions never authorize unlawful parking, but if you gave the Provider inaccurate written parking instructions (for example, that a space was permitted), you are responsible for the resulting citation or towing cost to the extent the law allows. Parking reimbursements are separate from tips.
Referral credits. We may offer credits for referring new customers. A referral credit is earned when a brand-new customer who signed up with your referral link or code completes their first paid appointment through the Portal. If that appointment takes place more than 90 days after the new customer signed up, we may decline or reverse the credit. You may earn one credit per new customer and may not refer yourself. We may change or end the referral program at any time, and we may revoke a credit that was issued in error, obtained through fraud or abuse, or does not meet the program’s conditions. Referral credits have no cash value and may be used only through the Portal.
Promo Codes. Promotional codes (“Promo Codes”) are subject to the terms shown with them. Unless stated otherwise, each code may be used once per person and per account, may be combined with a Gift Card or Account Credit where checkout allows, has no cash value, cannot be exchanged for Gift Cards or Account Credits and may expire. Only codes from official HereSpa channels are valid. Do not alter, sell, transfer or publicly post codes unless we allow it. We may discontinue unused offers for the future, correct an obvious error before a transaction is accepted (giving you the choice to decline the corrected transaction) and reject a code obtained or used fraudulently. We will not remove a valid discount from an accepted booking without your consent or a lawful basis.
Definitions. A “Gift Card” is prepaid value purchased from HereSpa and sent electronically or physically to a recipient. An “Account Credit” is stored value in an account. Redeeming a Gift Card into an account does not reduce its legal protections or turn it into a promotional credit. If a Gift Card is sent to an email address or phone number not yet linked to an account, its value is applied when the recipient opens or links an account.
Redemption and use. Gift Cards and Account Credits may be used only through the Portal’s standard checkout for eligible Services by the logged-in account holder. They may not be used for HereSpa Connect bookings, recurring charges, rescheduling fees or added tips, and may not be withdrawn for cash, exchanged or transferred outside the Portal, except as required by law. They may be combined with a valid Promo Code where checkout allows but cannot be exchanged for Promo Codes.
Partial payments. If the total exceeds the available balance, checkout cannot be completed until you add another payment method (see “Payment”).
Refunds. Gift Cards and directly purchased Account Credits are refundable only as these Terms state or the law requires. We may, at our discretion, refund an entirely unused purchase to the original payment method, limited to the amount paid. Unused balances are not forfeited, and this does not limit cash redemption, refunds for canceled Services or other rights required by law. A refund for a Service paid with stored value is ordinarily returned to the same balance unless the law requires otherwise.
Free credits. Free promotional, referral or goodwill credits and complimentary Gift Cards have no cash value and are not refundable unless the law requires otherwise. A refund or adjustment that replaces money you paid is not a free credit.
No fees or expiration. Purchased Gift Cards and purchased Account Credits do not expire and have no inactivity or service fees. Closing an account does not forfeit purchased value; contact support@herespa.com to use a remaining purchased balance. We follow any legally required cash redemption, replacement, refund and unclaimed-property rules.
Fraud review. We may temporarily restrict use of value we reasonably believe is connected to fraud or an unauthorized transaction while we investigate, and you may give us proof of purchase or other evidence. A violation of these Terms that is unrelated to the validity of purchased value does not allow us to confiscate it. We release valid value or provide any legally required remedy when the review is complete.
Loss or unauthorized use. Protect your Gift Card codes and account credentials and report loss or unauthorized use promptly. We are not responsible for lost or stolen Gift Card codes or for value redeemed before you notified us, unless the loss resulted from our own error or security failure; we may, but are not required to, help verify or replace an unused balance. Recovery of the value itself is limited to the affected balance; this does not limit remedies the law does not allow us to limit.
Service Quality Guarantee. If a Service booked and fully paid through the Portal materially fails to match its description or materially omits a paid option, notify us within five (5) days after the Service, or seven (7) days if you were a Beauty Member when the Service was completed. Provide any reasonably requested supporting information, including photographs where relevant. We review timely claims, and if we determine that a claim is established, we will provide one of the following, as we choose: a correction, rebooking, account credit, or a partial or full refund of the price of the affected Service. That is the sole remedy under this guarantee. The guarantee does not cover personal preference where the described Service was delivered, a particular cosmetic or wellness result not promised in the booking, or problems caused by not following preparation or aftercare instructions that were given to you. It does not cover tips, parking, membership fees or third-party charges unless they were improperly charged. Monetary relief under this guarantee is limited to the price paid for the affected Service. The guarantee applies only to Services booked and paid through the Portal.
Injuries, safety and property damage. The five- and seven-day deadlines and the price limit above apply only to the Service Quality Guarantee. They do not apply to claims for injury, illness, abuse, property damage, unauthorized payment or privacy, which are governed by the rest of these Terms. In an emergency, call 911. Otherwise, seek appropriate care and report an incident to support@herespa.com or 1-234-437-3772 as soon as reasonably practical, and preserve relevant information if you can do so safely. Nothing in these Terms limits reporting a safety concern to law enforcement, a licensing board, a facility or any other authority.
Complaints and account review. We may temporarily restrict an account or booking while we review a safety, security or fraud concern, and may close an account as described in “Term and Termination.” Payment disputes are handled as described in “Billing disputes and chargebacks.” Nothing in these Terms authorizes restrictions prohibited by law.
Reviews. You may give honest reviews of Services and Providers, including negative ones. We may remove or decline to publish content that is unlawful, false or misleading, harassing, obscene, irrelevant or that discloses another person’s private information. We may choose which reviews to feature, the order in which reviews appear and whether to show a rating summary, so featured reviews and ratings may not reflect every review we receive. We never require removal of an honest review in exchange for a refund.
Services are not medical care. Services are beauty, grooming and wellness services. They are not medical diagnosis or treatment, podiatry, nursing or physical therapy, and they do not replace advice from a health professional. If you are unsure whether a Service is appropriate for you, consult a qualified health professional before booking.
Tell the Provider about relevant conditions. Before the Service, tell the Provider about any known condition that may affect safe performance, such as allergies or sensitivities to products, skin or nail conditions, open wounds, recent procedures, diabetes or circulation problems, impaired sensation, use of blood thinners, pregnancy, mobility limitations or contagious conditions. You do not need to share unrelated medical details or tell a Booker or event host about your health. If you knowingly fail to disclose a material known condition, or give inaccurate information, that may be considered in determining responsibility for any resulting harm. When you book or receive a Service for yourself, you represent that, to your knowledge, it suits your health, and by receiving it you represent that you have told the Provider about any condition listed above. If you feel unwell or unsafe, stop the Service; in an emergency, call 911.
Inherent risks. Beauty and personal-care Services have inherent risks even when performed properly. Nail and skin services may cause irritation, allergic reaction, cuts, burns or infection; hair services may cause irritation, allergic reaction, burns or hair or scalp damage; massage may cause soreness, bruising or aggravation of an existing condition; and in-home services may involve equipment, flooring and mobility hazards. You may ask the Provider about the products and techniques they plan to use and their risks, decline any product or technique, and stop the Service at any time. By choosing to receive a Service, you voluntarily accept its inherent risks. Accepting inherent risks is not consent to a Provider’s negligence; claims based on negligence are addressed in “Release and Limitation of Liability.”
Safe service location. If you control the service location (for example, your home), provide reasonably safe access and a clean, suitable workspace with the water and electricity the Service requires, keep pets away from the work area and arrange appropriate supervision for children in the home. Whether or not you control the location, tell the Provider before the Service (for example, in your booking notes) about hazards you know of, such as access restrictions, unsafe stairs or flooring, aggressive animals or contagious illness in the household. Providers are not babysitters, caregivers, lifting aides or medical attendants; if a Recipient needs help moving or transferring, arrange a caregiver. Secure cash, jewelry, medications and other valuables before the Service; HereSpa does not take custody of your property. Everyone present must refrain from threats, harassment, discriminatory abuse, sexual conduct and other unsafe behavior. A Provider may decline or stop a Service if the Provider reasonably feels unsafe or the conditions are not suitable.
Service location eligibility. Laws on where and for whom in-home services may be performed vary by state, county and city and change often. Each Provider is responsible for confirming that they may lawfully perform a Service at your location for your Recipient. HereSpa may, but is not required to, display eligibility requirements or limit bookings by location or service; doing so is a convenience, not a legal determination that a Service is lawful. When an eligibility requirement is shown (for example, that the Recipient is homebound or the location is a qualifying facility), you represent that the facts you confirm are true, and you agree to tell us before the appointment if they change. If HereSpa learns that a booked Service cannot lawfully be performed or that a booking is ineligible, HereSpa may cancel the booking (or change it with your agreement). If a booking is canceled for this reason, HereSpa refunds the amounts paid for unperformed Services, except that the cancellation schedule applies when the problem results from materially inaccurate information you gave or a change you did not tell us about.
Photos and recordings during Services. Do not photograph or record the Provider without the Provider’s consent, except to preserve evidence of an incident, for an emergency report, or as otherwise permitted by law. All recording must comply with applicable law.
We use the contact details you provide to send account, booking, safety and payment messages by email, text message and phone, including messages sent by automated systems, as permitted by law. By giving us a phone number, you consent to these non-marketing calls and texts from HereSpa at that number, including automated and prerecorded or artificial-voice messages. If you give us another person’s number, you represent that they agreed. Marketing texts and calls are sent only with your separate consent, which is never a condition of purchase. Reply STOP to stop text messages, reply HELP for help, or contact support@herespa.com or 1-234-437-3772 to change your preferences. Message frequency varies; message and data rates may apply. If you revoke consent, we may use another lawful channel to send information about an existing booking or payment, but we will not keep sending messages for which consent is required and has been withdrawn. Calls with HereSpa, including calls handled by our automated phone booking assistant, may be processed by our service providers as described in our Privacy Policy. We ask for permission before collecting precise device location; you can enter a service address without allowing continuous location access. You are responsible for your mobile carrier’s charges.
User Content. “User Content” means information and materials you submit through the Portal, including reviews. You keep ownership of your User Content. You grant HereSpa a worldwide, royalty-free, non-exclusive license to host, store, use, reproduce, display and adapt your User Content to operate the Portal, process and support bookings, resolve disputes, prevent fraud and comply with law. If you publish a review, you also grant HereSpa a perpetual, irrevocable license to display it in the Portal and to quote it in HereSpa’s marketing without your full name or other details that identify you; marketing that identifies you requires your separate permission. We do not use health information you give us for advertising or marketing. This license does not allow us to use a Recipient’s image, home or identity in advertising; that requires the person’s separate permission and remains subject to our Privacy Policy. You represent that you have the rights needed to submit your User Content and that it does not violate the Acceptable Use Policy. We are not required to keep backup copies of User Content.
Service, incident and portfolio photos. A Provider or HereSpa may ask to take a photo to document work or an incident. Documentation photos should be limited to the work area or issue and should avoid faces, intimate areas, documents and bystanders; HereSpa may keep and use service, before-and-after and arrival photos and videos as records of the Service, including to review support requests and respond to payment disputes and claims. A Provider may also ask your permission to take before-and-after photos or record a short testimonial for the Provider’s public profile on the Portal. You may say no to any photo or recording without affecting your Service. If you agree to a portfolio photo or testimonial, you grant HereSpa and the Provider a non-exclusive, royalty-free license to display it on the Portal, including on the Provider’s public profile, until you ask us to remove it by emailing privacy@herespa.com; we will then remove it from public display on the Portal within a reasonable time. Any other use of an identifiable image in advertising requires separate permission from the person shown or their legal representative. Providers are responsible for the portfolio photos, recordings and testimonials they post. We may, but are not required to, review them, and we may remove content that reveals a health condition, such as a skin, nail or scalp condition, a wound or a medical device, or that the person shown did not agree to.
Feedback. If you send suggestions or feedback about the Portal or Services, you grant HereSpa a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without compensation. Do not send confidential information.
Copyright complaints. If you believe content on the Portal infringes your copyright, send a notice to our designated agent: HereSpa LLC, Attn: Copyright Agent, Atlanta, Georgia; phone 1-234-437-3772; email support@herespa.com (subject “Copyright Notice”). Include your contact information, identification of the copyrighted work and of the material you claim infringes and its location, a statement that you have a good-faith belief the use is not authorized, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your physical or electronic signature. If your content was removed and you believe it was removed by mistake, you may send a counter-notice to the same agent with your contact information, identification of the removed material and its former location, a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification, your consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which HereSpa may be found) and to service from the complaining party, and your signature. We may remove material and may close the accounts of repeat infringers in appropriate circumstances.
HereSpa’s rights. The Portal and its content, software, designs, names, logos and trademarks belong to HereSpa or its licensors and are protected by intellectual-property laws. We reserve all rights not expressly granted.
License to use the Portal. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Portal on devices you own or control to arrange permitted Services for yourself or for Recipients under these Terms. App-store terms also apply to the extent consistent with these Terms. Organizational bookings are governed by the HereSpa Connect agreement. If you need these Terms in an accessible format or help using the Portal, contact support@herespa.com or 1-234-437-3772.
Restrictions. You will not license, sell, rent, lease, transfer, host or commercially exploit the Portal; copy, modify, reverse engineer or create derivative works of it, except as the law allows; access it to build a competing service; use bots or scrapers; or remove proprietary notices. New features are subject to these Terms.
Changes to the Portal. We may change, suspend or discontinue features of the Portal. Doing so does not reduce our obligations for bookings already accepted or refunds owed.
You will not use the Portal to: (a) submit content that infringes anyone’s intellectual property, privacy or publicity rights; (b) submit content that is unlawful, harassing, threatening, defamatory, obscene, hateful or knowingly false, or that targets or harms minors; (c) upload malicious code or interfere with the Portal’s security or operation; (d) send spam or unauthorized advertising; (e) collect information about other users without their consent; (f) impersonate anyone or misrepresent your identity, age or authority; or (g) violate any law. We may disclose information, including User Content, when we believe in good faith that disclosure is required by law or legal process or is reasonably necessary to enforce these Terms or protect the rights, property or safety of HereSpa, Providers, users or the public, consistent with our Privacy Policy.
Your indemnity. To the extent permitted by law, you will indemnify and hold harmless the HereSpa Protected Parties from third-party claims, including claims by a Provider or a Recipient, and the resulting losses, damages, settlements, judgments and reasonable attorneys’ fees and costs, to the extent caused by: (a) your negligence or willful misconduct; (b) your breach of these Terms, including inaccurate information or representations you give about a Recipient, eligibility or your authority, or not telling a Recipient you booked for that the Service is provided under these Terms; (c) a hazard at the service location that you created or knew about and did not fix or disclose; (d) your knowing failure to disclose a material known health condition, or health information you gave that you knew or reasonably should have known was inaccurate; (e) User Content you submit, other than honest reviews and lawful reports; (f) your violation of law or of another person’s rights; or (g) injury to a Provider caused by a person you invited or allowed at the service location, or by an animal kept there.
Limits on your indemnity. You are not responsible under this section for the HereSpa Protected Parties’ own negligence or fault, for a Provider’s fault, for the mere fact that someone was injured at your location, for a health condition you did not know of and could not reasonably have known of, for a good-faith complaint, or for the acts of a person you did not invite or allow at the service location. Where more than one party is at fault, responsibility is shared as the law provides. Liability imposed on a HereSpa Protected Party only because of your covered conduct (for example, vicarious liability) is covered.
Defense. We will notify you promptly of a claim covered by this section; a delay reduces your obligation only to the extent it actually prejudices you. HereSpa may control the defense of any covered claim with counsel of its choice, and you will reimburse the reasonable defense costs allocable to the covered part of the claim and cooperate with the defense. You may participate with your own counsel at your expense. You may not settle a claim in a way that admits fault by, or imposes an obligation on, a HereSpa Protected Party without HereSpa’s written consent. This section does not limit any right of contribution or indemnity that the law otherwise provides.
The Portal may link to or integrate third-party websites and services, such as maps, sign-in, payment and messaging services, that have their own terms and privacy practices. HereSpa does not control them and is not responsible for their content, performance or practices, but remains responsible for its own statements and obligations under these Terms.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND HERESPA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE PORTAL WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY SERVICE WILL ACHIEVE A PARTICULAR COSMETIC OR WELLNESS RESULT NOT EXPRESSLY STATED IN YOUR BOOKING. THIS DISCLAIMER DOES NOT LIMIT HERESPA’S EXPRESS COMMITMENTS IN THESE TERMS OR ANY WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED.
PROVIDERS ARE INDEPENDENT BUSINESSES. TO THE FULLEST EXTENT PERMITTED BY LAW, HERESPA IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY PROVIDER, CUSTOMER OR OTHER USER, INCLUDING THE PERFORMANCE OR RESULTS OF ANY SERVICE, ANY PRODUCT OR EQUIPMENT A PROVIDER USES, OR ANY INJURY, LOSS, THEFT OR DAMAGE A PROVIDER OR OTHER USER CAUSES. YOUR REMEDIES FOR A PROVIDER’S ACTS OR OMISSIONS ARE AGAINST THAT PROVIDER, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AS THE LAW REQUIRES.
SCREENING IS LIMITED. HERESPA MAY USE AUTOMATED AND MANUAL TOOLS TO REVIEW A PROVIDER’S IDENTITY, LICENSE OR OTHER DOCUMENTS, BUT DOES NOT REPRESENT THAT ANY PROVIDER HAS BEEN BACKGROUND-CHECKED. WORDS SUCH AS “VETTED,” “QUALIFIED,” “EXPERIENCED,” “LICENSED WHERE REQUIRED” OR “HYGIENE-FIRST” IN THE PORTAL OR OUR MARKETING REFER ONLY TO THIS LIMITED REVIEW AND TO PROVIDERS’ OWN PRACTICES; THEY ARE NOT A SAFETY CERTIFICATION, BACKGROUND CHECK OR CONTINUING VERIFICATION. PROVIDERS, NOT HERESPA, SUPPLY MASKS, GLOVES, TOOLS AND PRODUCTS. ANY SCREENING IS LIMITED, MAY BE INCOMPLETE OR OUT OF DATE, IS NOT CONTINUOUS AND MAY NOT BE PERFORMED FOR A PARTICULAR PROVIDER. DO NOT RELY ON IT. WE DO NOT GUARANTEE ANY PROVIDER’S IDENTITY, LICENSE STATUS, QUALIFICATIONS, BACKGROUND OR FUTURE CONDUCT. YOU MAY ASK A PROVIDER FOR PROOF OF LICENSING OR INSURANCE BEFORE A SERVICE AND SHOULD DECIDE FOR YOURSELF WHETHER TO PROCEED.
PLEASE READ THIS SECTION CAREFULLY. IT RELEASES HERESPA FROM CERTAIN CLAIMS, INCLUDING CLAIMS BASED ON HERESPA’S OWN ORDINARY NEGLIGENCE, AND LIMITS THE DAMAGES YOU CAN RECOVER FROM HERESPA. IT DOES NOT RELEASE ANY PROVIDER.
RELEASE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND AGREE NOT TO SUE THE HERESPA PROTECTED PARTIES FOR ANY CLAIM FOR PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, THEFT OR OTHER LOSS ARISING OUT OF OR RELATING TO ANY SERVICE OR THE CONDUCT OF ANY PROVIDER OR OTHER USER, INCLUDING CLAIMS THAT A HERESPA PROTECTED PARTY WAS NEGLIGENT IN OPERATING THE PORTAL, REVIEWING OR SCREENING PROVIDERS, SCHEDULING, OR RESPONDING TO CONCERNS. THIS RELEASE DOES NOT APPLY TO: (A) GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL OR INTENTIONAL MISCONDUCT OF A HERESPA PROTECTED PARTY; (B) FRAUD OF A HERESPA PROTECTED PARTY; (C) CLAIMS ARISING FROM SEXUAL ASSAULT, SEXUAL HARASSMENT, ABUSE OR EXPLOITATION COMMITTED BY A HERESPA PROTECTED PARTY; (D) CLAIMS OF A MINOR, EXCEPT THAT A PARENT OR GUARDIAN RELEASES THEIR OWN CLAIMS TO THE EXTENT PERMITTED BY LAW; (E) HERESPA’S PAYMENT, REFUND AND STORED-VALUE OBLIGATIONS UNDER THESE TERMS; OR (F) ANY CLAIM THAT APPLICABLE LAW DOES NOT ALLOW TO BE RELEASED. THIS RELEASE DOES NOT RELEASE ANY PROVIDER. TO THE EXTENT THE LAW ALLOWS, THIS RELEASE ALSO BINDS YOUR SPOUSE, HEIRS, NEXT OF KIN, ESTATE, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS AND ANYONE CLAIMING THROUGH YOU OR BECAUSE OF YOUR INJURY OR DEATH.
CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” THIS WAIVER APPLIES ONLY TO CLAIMS COVERED BY THE RELEASE ABOVE THAT ARISE AFTER YOU ACCEPT THESE TERMS, AND ONLY TO THE EXTENT THE RELEASE IS PERMITTED BY CALIFORNIA LAW.
EXCLUDED DAMAGES. EXCEPT FOR CLAIMS FOR DEATH OR BODILY INJURY (INCLUDING ILLNESS) THAT ARE NOT RELEASED ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE HERESPA PROTECTED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, SERVICE INTERRUPTION, SYSTEM FAILURE, THE COST OF SUBSTITUTE SERVICES OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THESE TERMS, THE PORTAL, ANY BOOKING OR ANY SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THEIR POSSIBILITY.
LIABILITY CAPS. TO THE EXTENT A CLAIM IS NOT RELEASED ABOVE AND TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE: (A) THE HERESPA PROTECTED PARTIES’ TOTAL LIABILITY FOR DAMAGE TO OR LOSS OF REAL OR PERSONAL PROPERTY IS LIMITED IN THE AGGREGATE TO ONE THOUSAND U.S. DOLLARS ($1,000); AND (B) THE HERESPA PROTECTED PARTIES’ TOTAL LIABILITY FOR ALL OTHER CLAIMS, EXCEPT CLAIMS FOR DEATH OR BODILY INJURY (INCLUDING ILLNESS), IS LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50) OR THE AMOUNTS YOU PAID THROUGH THE PORTAL, EXCLUDING TIPS AND PARKING REIMBURSEMENTS, IN THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIM. EACH LIMIT IS AN AGGREGATE LIMIT FOR ALL HERESPA PROTECTED PARTIES AND ALL CLAIMS.
WHAT THESE LIMITS DO NOT AFFECT. THE RELEASE, EXCLUSIONS AND CAPS IN THIS SECTION DO NOT APPLY TO GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL OR INTENTIONAL MISCONDUCT OR FRAUD OF A HERESPA PROTECTED PARTY, OR TO SEXUAL ASSAULT, SEXUAL HARASSMENT, ABUSE OR EXPLOITATION COMMITTED BY A HERESPA PROTECTED PARTY; DO NOT REDUCE REFUNDS, PAYMENTS OR STORED-VALUE BALANCES HERESPA OWES UNDER THESE TERMS; AND APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW A PARTICULAR RELEASE, EXCLUSION OR LIMIT, IT APPLIES TO YOU ONLY TO THE EXTENT ALLOWED. THESE PROVISIONS ARE AN ESSENTIAL BASIS OF THE PRICES WE CHARGE AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Insurance. Any insurance HereSpa maintains is governed solely by its policy terms, exclusions and limits and the insurer’s determinations. These Terms do not make you an insured, guarantee coverage or create any obligation for HereSpa to maintain insurance. Providers are responsible for their own insurance; HereSpa does not guarantee that any Provider is insured.
These Terms apply while you use the Portal and continue to apply to bookings, payments and claims that arose while they were in effect. You may close your account at any time by contacting support@herespa.com. Closing your account cancels future membership renewals and recurring-series charges; tell us whether you also want to cancel upcoming bookings. HereSpa may suspend or close your account, or decline future bookings, at any time for any lawful reason, including a breach of these Terms, fraud, safety or security concerns, or discontinuing the Portal, but not for a reason prohibited by law. We may notify you. If HereSpa closes your account, we refund prepaid amounts for unperformed Services, less any fee due under the cancellation schedules if the closure results from your material breach and any amount already returned to you for those same Services through a payment dispute; prepaid membership fees are handled as described in “Changes and notices.” Closing an account does not forfeit purchased Gift Card or Account Credit value, refunds owed or claims that already exist. Free promotional benefits end under their terms. We keep or delete personal information as described in our Privacy Policy. If we close your account, you may not open a new account without our permission. Sections that by their nature should survive termination survive, including payment obligations, indemnification, disclaimers, the release and limitations of liability, dispute resolution and the time limit to bring claims.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND HERESPA TO RESOLVE MOST DISPUTES BY INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT AS EXPLAINED IN “OPTING OUT.”
Covered disputes. “Disputes” means any dispute, claim or controversy between you and HereSpa or any HereSpa Protected Party arising out of or relating to these Terms or any earlier version, the Portal, Book by chat, our automated phone assistant, calls and text messages, any booking, payment or Service, our privacy and data practices (including claims under privacy, wiretapping, consumer-protection and telephone-communications laws), or your relationship with HereSpa, whether based in contract, tort, statute or any other legal theory, and whether based on events before or after you accepted these Terms. Disputes include claims brought by or on behalf of your estate, heirs or anyone claiming through you or because of your injury or death, to the extent the law allows them to be bound. A Dispute that was already pending in a court or arbitration, or for which a written notice of dispute had been sent, before you accepted this version remains governed by the dispute resolution terms that applied to it. Each HereSpa Protected Party may enforce this section. A Provider may also elect to have your claim against the Provider about a Portal booking resolved under this section; in that case the Provider pays the fees a business must pay under the applicable AAA rules and is bound by the fee, remedy and court-exception terms of this section that bind HereSpa.
Informal resolution first. Before starting an arbitration or a small claims case, the party with a Dispute must send a written notice describing the Dispute, the relief requested and the sender’s name, account email or phone number and mailing address. A notice from you must be for one person only, describe that person’s own Dispute and be signed by that person (or their legally authorized representative) and by their lawyer, if they have one; a notice for more than one person is valid only for the person who signed it. Send notices to HereSpa at support@herespa.com with the subject “Notice of Dispute”; we will send notices to the most recent email address or phone number you gave us for your account or a booking. For 60 days after the notice is received, the parties will try in good faith to resolve the Dispute, including through an individual telephone or video conference that you and a HereSpa representative attend personally if either party requests it, with reasonable accommodations (including attendance by an authorized representative if you cannot attend); lawyers may also attend. All limitation periods and filing deadlines are paused during this 60-day period. A court may enforce this requirement, and an arbitration filed without completing it may be dismissed without prejudice.
Agreement to arbitrate. If the Dispute is not resolved, you and HereSpa agree that it will be resolved only by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules) as modified by this section. The Federal Arbitration Act governs this section. A single arbitrator will decide the Dispute and may award any individual relief a court could award under applicable law, consistent with these Terms, and will issue a written reasoned decision. Hearings will take place by video or telephone, by written submissions, or in person in the county where you live, as the applicable rules allow. If the AAA is unavailable or declines to administer a Dispute, the parties will agree on another arbitration administrator or, if they cannot agree, a court will appoint an arbitrator, and the AAA rules referred to in this section will apply to the extent practicable. If the AAA declines because HereSpa did not pay required fees or meet the AAA’s requirements, you may instead bring the Dispute in court.
What a court decides. The arbitrator decides all issues about the scope, interpretation, applicability and enforceability of this arbitration agreement, except that a court decides: whether an agreement to arbitrate was formed; whether you timely opted out; whether a claim falls under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act; and the enforceability of the “Individual claims only” and “Many similar claims” subsections.
Exceptions. Either party may bring an individual claim in small claims court if it qualifies and stays there. Either party may seek a court order to protect intellectual property or to stop unauthorized use of the Portal, or temporary relief to prevent imminent harm while an arbitration is pending. A person entitled to do so may elect to bring a case in court under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, and the “Individual claims only” subsection then does not apply to the extent that Act provides. An election under that Act applies to the extent that Act provides, as a court decides; to the extent the law allows, the release, limitations of liability and time limits in these Terms continue to apply in court. A claim for public injunctive relief that cannot be waived under applicable law may be brought in court; unless the court orders otherwise, that court case will be paused until the individual arbitration ends. Nothing in this section prevents you from reporting a concern to a government agency.
Fees. HereSpa pays the fees that the AAA rules require a business to pay, and any additional arbitration fees necessary to keep the cost of arbitration from being prohibitive for you. If you start an arbitration, your filing fee will not exceed the fee to file a comparable claim in the court where you live, and HereSpa pays any difference. Each party pays its own attorneys’ fees unless a statute or the arbitrator’s application of the AAA rules provides otherwise. The arbitrator may award fees and costs against a party who brings a claim or defense that is frivolous or filed for an improper purpose, as the rules and applicable law allow.
Individual claims only. YOU AND HERESPA MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, IN ARBITRATION OR, TO THE EXTENT PERMITTED BY LAW, IN COURT. The arbitrator may not consolidate the claims of different people or award relief to anyone other than the individual party. If a court decides that this subsection cannot be enforced as to a particular claim or request for relief, that claim or relief (and only that one) will be decided by a court after the individual arbitration ends, unless the court orders otherwise, and this subsection never allows class arbitration.
Jury waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND HERESPA WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE THAT PROCEEDS IN COURT.
Many similar claims. If 25 or more similar Disputes are brought against HereSpa by or with the help of the same or coordinated lawyers or organizations, they will be administered under the AAA’s Mass Arbitration Supplementary Rules and fee schedules, as the AAA determines. The parties will confer in good faith about efficient procedures, such as deciding a small number of representative cases first or mediating; any procedure that delays a claimant’s case requires that claimant’s agreement or the AAA’s or arbitrator’s decision under its rules. The result in any one case does not bind any other claimant.
Confidentiality. The arbitration proceedings, submissions and award are confidential, except as needed to enforce or challenge an award, as required by law or the AAA’s rules, or for disclosures to a party’s lawyers, insurers, accountants and auditors. This does not restrict anyone from discussing the facts of a Dispute, reporting a safety concern or communicating with a government agency.
Opting out. You may opt out of this arbitration agreement by emailing support@herespa.com with the subject “Arbitration Opt-Out” within 30 days after you first accept any version of these Terms that contains an arbitration agreement. Include your name, the email address or phone number you used for your account or bookings, and a statement that you opt out. Each person must opt out individually, personally or through their legally authorized representative; an opt-out sent for a group of people is not valid. If you opt out, the rest of these Terms still apply. A timely opt-out remains effective for later versions of these Terms. Later versions do not give you a new opt-out period, except that if we make a material change to this “Dispute Resolution” section, you may reject that change by emailing support@herespa.com with the subject “Arbitration Change Rejection” within 30 days after you accept the version containing it, and the earlier version of this section will continue to apply to you.
Severability of this section. If any part of this section is found unenforceable, the rest remains in effect, except as stated in “Individual claims only.” If this entire arbitration agreement is found not to apply to a Dispute, the Dispute will be decided by a court as described in “Governing law and venue.”
To the extent permitted by law, any claim arising out of or relating to these Terms, the Portal, a booking or a Service, other than a claim for death, bodily injury or illness or a claim of a minor, must be filed in arbitration or in any court within one (1) year after the claim arises, extended by any period paused under “Informal resolution first,” or it is permanently barred. This time limit does not apply to claims whose limitation period the law does not allow to be shortened by agreement, claims to collect amounts owed under these Terms (including refunds and stored value owed to you), claims for defense, indemnity or contribution, or claims to protect intellectual property or confidential information; for those, the period the law provides applies. If the law does not allow this period, the shortest period the law allows applies.
Governing law and venue. Georgia law governs these Terms and any Dispute, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the “Dispute Resolution” section and mandatory consumer protections of the state where you live continue to apply. For any Dispute that is not arbitrated, you and HereSpa agree to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia, except for small claims cases and except where the law gives you the right to sue where you live.
Changes to these Terms. We may revise these Terms for future use and transactions. We will post the revised Terms here with a new “Last updated” date, and we may also notify you of material changes by email, text or a notice in the Portal. Revised Terms apply to you from the next time you take an action described in “How you accept” after they are posted; until then, the version you last accepted continues to apply. Except as stated in “Dispute Resolution,” changes do not apply to claims based on events before you accepted them (see “Earlier versions”), and the price, cancellation and refund terms of a booking you already made remain those that applied when you made or last changed it. You may stop using the Portal if you do not accept a change.
Force majeure. HereSpa is not liable for any failure or delay caused by events beyond its reasonable control, including weather, natural disasters, public-health orders, government action, utility or internet outages, failures of third-party services, labor disputes, or the unavailability of Providers for reasons beyond our reasonable control. If HereSpa or the Provider cannot perform a booked Service for such a reason, HereSpa will refund the amounts paid for the unperformed Service or, if you prefer, help you reschedule it without a rescheduling fee; that is your only remedy for not receiving that Service. Cancellations you request, and Services that cannot proceed because of conditions at your location, are governed by the cancellation schedules and “When no fee applies.” This does not limit other provisions of these Terms or rights that the law does not allow to be limited.
Assignment. You may not assign or transfer these Terms or your rights or obligations under them without our written consent. HereSpa may assign these Terms, including to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets.
No third-party beneficiaries. Except for the HereSpa Protected Parties and a Provider’s right to elect arbitration under “Covered disputes,” these Terms do not give any rights to anyone other than you and HereSpa.
New Jersey residents. Provisions of these Terms that limit liability, disclaim warranties or release claims apply to New Jersey residents only to the extent permitted by New Jersey law, and nothing in these Terms limits any right you have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.
Notices and electronic signatures. We may give you notices by email, text message, in the Portal or by mail. You agree that your electronic acceptance of these Terms has the same effect as a handwritten signature under the federal ESIGN Act and applicable state law.
Entire agreement, waiver and severability. These Terms, together with the agreements and booking terms incorporated under “Other agreements and order of precedence,” are the entire agreement between you and HereSpa about their subject matter. Our failure to enforce a provision is not a waiver. Except as stated in “Dispute Resolution,” if any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. Headings are for convenience only.
Contact. HereSpa LLC, Atlanta, Georgia. Email support@herespa.com or call 1-234-437-3772 (1-234-HERESPA). For privacy matters, email privacy@herespa.com.