Terms of Service

The Service is operated by Tvibo LLC (the “Operator”, “we”, “us”), 105 N 1st St #429, San Jose, CA, 95103. You can reach us at [email protected].

In these Terms, an “Organization” means a salon or business that registers to use the Service; “you” means the Organization and the individuals who use the Service on its behalf; and a “Customer” means an end client of an Organization who books or receives services from that Organization.

Argus is salon-management software for pet grooming businesses. It provides online booking, a scheduling calendar, customer and pet records, staff management, in-salon checkout, reporting, ratings and reviews, a per-Organization customer booking portal, and mobile applications for Customers. The Service is multi-tenant: each Organization's data is kept separate from every other Organization's data.

We build white-label mobile applications for Organizations. Each app is published under the Organization's own name and branding, and gives that Organization's Customers the same booking portal in native form. These Terms apply to the apps exactly as they apply to the rest of the Service, including the disclaimers and the limitation of liability below.

The apps are distributed through third-party app stores. Your use of an app is also subject to the applicable store's own terms, and you must comply with them.

Apple. For any app obtained through the Apple App Store: these Terms are between you and the Operator only, and not with Apple. Apple is not responsible for the app or its content, and has no obligation whatsoever to furnish any maintenance or support for it. Apple is not responsible for addressing any claim relating to the app, including product liability, any failure to conform to a legal or regulatory requirement, or any claim under consumer protection or similar legislation. Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, have the right to enforce them against you.

A Customer may delete their account from within the app, under Settings. Our Privacy Policy explains what deletion does and what the Organization keeps as its business records.

To use the Service you must register an account and authenticate using a one-time code sent to your email or phone (passwordless login). You are responsible for all activity under your account and any accounts you create for your staff, for keeping access credentials and devices secure, and for the accuracy of the information you provide. The Service and the apps are intended for adults aged 18 or over. You represent that you are of legal age and, where applicable, authorized to accept these Terms on behalf of your Organization.

The Service is a software tool. Each Organization is an independent business and is solely responsible for its own grooming and related services, its staff, its pricing, taxes, payouts and refunds, the data it enters, the way it treats its Customers, and its compliance with all laws applicable to its business.

The Operator is not a party to any relationship, agreement, or transaction between an Organization and its Customers. We do not perform grooming or any other services, we are not involved in in-salon payments, and we do not control or endorse any Organization's conduct. Any dispute regarding services, payments, or conduct is solely between the Organization and its Customer.

You agree to use the Service lawfully. You will not:

• upload or enter any data without the rights, permissions, and consents required to do so (including Customer details and pet photos);
• use the Service for any unlawful, harmful, fraudulent, or infringing purpose;
• attempt to reverse engineer, decompile, copy, resell, scrape, or create derivative works from the Service;
• interfere with or disrupt the Service, circumvent access controls, or attempt to access data belonging to other Organizations;
• upload malware or transmit unlawful, abusive, or offensive content.

You retain ownership of the data you enter into the Service. You grant the Operator a limited, worldwide license to host, store, process, and transmit that data solely as necessary to provide and maintain the Service. Our handling of personal data is described in our Privacy Policy.

After a completed visit, a Customer may rate the Organization and the staff who served them and leave a written comment. A review is published with a shortened display name (a first name and an initial) and may be visible to other people.

You are solely responsible for what you submit. A review must be truthful and lawful, and must not be abusive, defamatory, obscene, or infringe anyone's rights. By submitting a review you grant the Operator and the Organization the right to publish, display, and retain it in connection with the Service.

We have no obligation to publish, moderate, verify, retain, or restore any review, and the Organization or the Operator may hide or remove any review at any time, with or without notice or reason. Reviews express the views of the people who wrote them, not those of the Operator. To the maximum extent permitted by law, we accept no liability for the content of any review or for any consequence of publishing, removing, or declining to publish one.

The Service is provided on an “as is” and “as available” basis. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, and we may add, change, suspend, or discontinue any feature at any time without liability.

To the maximum extent permitted by law, the Service is provided without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or that the Service will meet your requirements. You use the Service at your own risk.

To the maximum extent permitted by law, the Operator and its owners, members, and staff shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to your use of (or inability to use) the Service, even if advised of the possibility of such damages.

To the extent any liability cannot be excluded, the Operator's total aggregate liability for all claims relating to the Service shall not exceed the total amounts (if any) you paid to the Operator for the Service in the three (3) months preceding the event giving rise to the claim. Where the Service is provided free of charge, that aggregate liability shall be zero.

You agree to indemnify, defend, and hold harmless the Operator and its owners, members, and staff from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your data, your services to Customers, or your breach of these Terms or any applicable law.

The Service relies on third-party providers (for example, hosting, email and SMS delivery, and app store distribution by Apple) to function. The Operator is not responsible for the availability, acts, or omissions of any third-party provider, and your use of such providers may be subject to their own terms.

The Service may link out to websites we do not control — for example, an Organization's public listing on Google Maps. Following such a link takes you to that company, under its own terms and privacy policy. We do not endorse and are not responsible for any external site or service.

We may suspend or terminate your access to the Service at any time if you breach these Terms, if your use poses a risk to the Service or others, or as required by law. You may stop using the Service at any time. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by, and construed in accordance with, the laws of the jurisdiction in which the Operator is established, without regard to its conflict-of-laws rules. You and the Operator agree that any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the competent courts of that jurisdiction.

Tvibo LLC
105 N 1st St #429, San Jose, CA, 95103
[email protected]