These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Client,” or “you”) and MY BRAIDA LLC, a New York limited liability company (“Company,” “My Braida,” “we,” or “us”), governing your access to and use of the My Braida mobile application, website, and related services (collectively, the “Platform”).
By accessing or using the Platform, you agree to be bound by these Terms.
(a) Marketplace Only. My Braida operates as a digital marketplace that connects users with independent third-party braiders (“Braiders”) for on-demand hair braiding services at home.
(b) No Provision of Services. The Company does not provide braiding or beauty services and is not a salon, employer, or service provider. All services are performed exclusively by independent Braiders.
(c) Independent Contractors. Braiders are independent contractors and not employees, agents, or representatives of My Braida. The Company does not control the manner or means by which Braiders perform services.
(d) No Guarantee. The Company does not guarantee the availability, quality, safety, legality, or suitability of any Braider or service.
(a) You must be at least eighteen (18) years old to use the Platform, or have consent of a parent or legal guardian.
(b) You agree to provide accurate account information and maintain the security of your account credentials.
(c) You are responsible for all activity conducted under your account.
(a) Booking Process. Users may browse, select, and book services offered by Braiders through the Platform.
(b) Service Location. Services may be performed at the User’s home or another agreed location.
(c) Service Responsibility. The Braider is solely responsible for performing the booked services, including: (a) quality of work; (b) hygiene and safety practices; and (c) compliance with applicable laws and licensing requirements.
(d) Before-and-After Photos. You acknowledge that the Platform may provide an optional feature allowing before-and-after photos or videos (“Media”) to be taken in connection with services for documentation, operational support, and dispute resolution purposes. Prior to any Media being captured, users will be provided the opportunity through the Platform to consent to or decline such feature. Use of before-and-after Media is recommended, but not mandatory, particularly in connection with potential disputes regarding services. Such Media may be stored and used by the Company solely for internal operational purposes, customer support, and dispute resolution. My Braida does not use such Media for advertising or promotional purposes. Once the service is complete, the Braider no longer has access to such Media.
(e) Reference Photos and Notes. When booking, you may attach a reference photo and notes describing the style you want. They are shared with the Braider for that booking. You may only upload photos that you have the right to share, and you are responsible for obtaining the consent of any person other than yourself who appears in them.
(f) Changes During a Service. While a service is in progress, you may request changes to it through the Platform, such as adding a service, an add-on, or extensions. A change takes effect only if the Braider accepts it. Before you confirm payment for an accepted change, the Platform shows you its price together with any applicable fees and taxes; the change is then charged to the payment method used for the booking, without your having to enter it again, or to another payment method you select. Changes cannot be requested once the service has been marked as completed.
(a) Third-Party Payment Processor. All payments are processed through Stripe or another third-party payment processor (“Payment Processor”). My Braida does not store or process payment card information.
(b) Authorization and Holding of Funds. By booking a service, you authorize the Platform to charge your selected payment method for the booking and for any change you confirm under Section 3(f). Funds may be held by the Payment Processor until service completion.
(c) Release of Funds. Funds are released to the Braider after service completion, subject to any disputes or adjustments.
(d) Platform Fees. The Company retains a service fee from transactions between Users and Braiders. A service fee of six percent (6%) of the price of the services, products and any nighttime fee you book is added to your total at checkout, and is shown as a separate line in the price breakdown before you confirm a booking. Applicable taxes are calculated on your total, including the service fee. The Company may modify this fee from time to time; the fee in effect at the time of booking will be reflected in the price breakdown shown to you before you confirm.
(e) Additional Fees. A nighttime fee may apply to services performed between 8:00 PM and 7:00 AM. Any additional fees shall be disclosed at booking.
(a) User Cancellations. The Platform facilitates on-demand services intended for immediate or near-immediate fulfillment. Once a Braider has accepted and confirmed a booking request, the booking shall be deemed final and non-cancelable by the User. Users who fail to appear for a confirmed appointment or otherwise refuse service after confirmation may remain responsible for the full service amount and any applicable fees.
(b) Braider Cancellations. If a Braider cancels, Users shall receive: (i) a full refund; or (ii) assistance rebooking another Braider.
(c) Disputes. In the event of service dissatisfaction, Users must report issues within twenty-four (24) hours after completion of the service. The Company may facilitate resolution but is not obligated to issue refunds.
(d) Discretion. All refunds, credits, and adjustments shall be made at the Company’s reasonable discretion in accordance with internal policies and the specific circumstances of the booking.
(a) Services for individuals under eighteen (18) must be authorized by a parent or legal guardian.
(b) The supervising adult is responsible for: (i) consent to services; (ii) presence during services (if required); and (iii) ensuring safety and appropriateness.
(c) My Braida does not independently verify age or parental consent.
(a) The Platform may offer referral programs, discounts, or seasonal promotions. The reward amounts, qualifying conditions, payment timing, and eligibility requirements of any such program are determined by the Company, may change or be discontinued at any time, and shall be those stated in the Platform at the relevant time.
(b) Promotions: (i) may be modified or terminated at any time; (ii) are subject to additional terms; and (iii) have no cash value unless stated otherwise.
(a) User Acknowledgment of Risks. You acknowledge that hair braiding and related services may involve risks, including but not limited to: (i) scalp irritation; (ii) allergic reactions to hair products or extensions; (iii) hair breakage or tension-related damage; and (iv) discomfort or pain during or after service.
(b) User Responsibility. You are responsible for: (i) disclosing allergies, sensitivities, or medical conditions; and (ii) ensuring the service environment is safe and appropriate.
(c) No Medical Advice. The Company does not provide medical or dermatological advice.
(d) Independent Practices. Sanitation practices are controlled solely by the Braider. The Company does not supervise or guarantee hygiene standards.
You agree not to: (i) use the Platform for unlawful purposes; (ii) harass, abuse, or harm Braiders or other users; (iii) attempt to bypass the Platform to transact directly with Braiders; or (iv) submit false reviews or misleading information.
(a) The Company does not provide insurance coverage for: (i) services performed by Braiders; (ii) injuries or damages occurring at service locations; or (iii) personal property damage.
(b) Users are responsible for maintaining any desired personal or property insurance.
(c) Braiders are solely responsible for maintaining any applicable insurance coverage.
(a) Braiders are solely responsible for complying with all applicable: (i) licensing requirements; (ii) health and safety regulations; and (iii) local, state, and federal laws.
(b) The Platform may be used across multiple jurisdictions. Users acknowledge that laws and requirements may vary.
(a) Company IP. All Platform content, including trademarks, logos, software, and design, is owned by or licensed to My Braida.
(b) Limited License. You are granted a limited, non-exclusive, non-transferable license to use the Platform for personal use.
(c) Restrictions. You may not: (i) copy, modify, or distribute Platform content; (ii) reverse engineer or exploit the Platform; or (iii) use Company branding without consent.
(d) User Content. By submitting content (e.g., reviews or photographs), you grant the Company a worldwide, royalty-free license to use, display, and distribute such content. Reviews you submit are displayed publicly on the Braider’s profile, including to visitors who do not have an account, together with your first name and the initial of your last name. If you delete your account, your reviews remain but are no longer attributed to you.
(a) Information on the Platform is provided for general informational purposes only.
(b) The Company does not guarantee accuracy, completeness, or reliability of listings, profiles, or reviews.
(c) Users rely on Platform information at their own risk.
(a) THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
(b) THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING: (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE; OR (iii) NON-INFRINGEMENT.
(c) THE COMPANY DOES NOT WARRANT: (i) UNINTERRUPTED OR ERROR-FREE SERVICE; (ii) QUALITY OR SAFETY OF SERVICES PERFORMED BY BRAIDERS.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR: (i) PERSONAL INJURY; (ii) PROPERTY DAMAGE; (iii) DISSATISFACTION WITH SERVICES; (iv) DISPUTES BETWEEN USERS AND BRAIDERS.
(b) IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED THE AMOUNT PAID BY THE USER FOR THE RELEVANT SERVICE.
You agree to indemnify, defend, and hold harmless My Braida and its members, officers, and affiliates from any claims, damages, or expenses arising out of: (a) your use of the Platform; (b) your interactions with Braiders; (c) your violation of these Terms; or (d) any injury or damage occurring during services.
(a) The Company may, but is not obligated to, assist in resolving disputes.
(b) The Company is not a party to any agreement between Users and Braiders.
(a) The Company may suspend or terminate your account at any time for violation of these Terms.
(b) Upon termination, your right to use the Platform ceases immediately.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
(a) Mandatory Arbitration. Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively through binding arbitration administered by a recognized arbitration provider (e.g., AAA) in accordance with its rules.
(b) Waiver of Jury Trial. You waive your right to a trial by jury.
(c) Class Action Waiver. All disputes must be brought in an individual capacity. You agree not to participate in any class action, collective action, or representative proceeding.
(d) Arbitration Location. Arbitration shall take place in New York, New York, unless otherwise required by law.
(e) Exceptions. The Company may seek injunctive relief in court for intellectual property or misuse claims.
In any dispute arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
(a) Entire Agreement. These Terms constitute the entire agreement between the parties.
(b) Severability. If any provision is deemed unenforceable, the remaining provisions shall remain in full force.
(c) Assignment. Users may not assign their rights under these Terms without consent. The Company may freely assign.
(d) Modifications. The Company may update these Terms at any time. Continued use constitutes acceptance.
(e) Force Majeure. The Company shall not be liable for delays or failures due to events beyond its control.
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