1. Agreement to these Terms

These Terms of Service (“Terms”) are a binding agreement between you and Self Cut, Inc., a Georgia corporation (“Self Cut,” “we,” “us,” or “our”).

These Terms govern your use of the following (together, the “Services”):

• the StayFresh! Haircut Tracker mobile application (the “App”);
• the web application at app.stayfreshapp.com (the “Web App”);
• the website at www.stayfreshapp.com (the “Website”); and
• any related features, content, and support we provide.

By creating an account, purchasing a subscription, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Please read Section 13 carefully. It requires most disputes to be resolved through individual binding arbitration, and it waives your right to a jury trial and to take part in a class action, unless you opt out as described there.

2. Eligibility

You must be at least 13 years old to use the Services. If you are under 18, or under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf. Only an adult, or a minor with a parent’s or guardian’s consent, may purchase a subscription.

You may not use the Services if you are barred from doing so under applicable law, or if we have previously suspended or terminated your account.

3. Your account

Some features, including the free plan, require an account. One account works across the App and the Web App. When you create an account, you agree to:

• give accurate, current, and complete information and keep it up to date;
• keep your password and login credentials confidential;
• not share your account or let anyone else use it; and
• tell us promptly at support@stayfreshapp.com if you believe your account has been accessed without your permission.

You are responsible for all activity that happens under your account, except activity caused by our own failure to take reasonable security measures. You can delete your account at any time from the account settings in the App or Web App, or by emailing us. Deleting your account does not by itself cancel a subscription purchased through Apple or Google; see Section 4.

4. Subscriptions and payment

4.1 Free and paid plans. StayFresh offers a free plan and one or more optional paid subscription plans (each, a “Paid Plan”), whatever name we give them in the Services. The free plan costs nothing, and we won’t charge you unless you choose to upgrade. Before you upgrade, we show you the plan, its price, its billing period (for example, monthly or yearly), and what it includes.

4.2 Automatic renewal. Your subscription renews automatically at the end of each billing period, and we charge your payment method for the next period at the then-current price, unless you cancel before the renewal date. By subscribing, you authorize these recurring charges until you cancel.

4.3 Changes to free and paid features. We may add, change, or remove features of the free plan, or move features between the free plan and Paid Plans. We may also rename, add, or retire Paid Plans. If we take away a Paid Plan feature you are paying for, we will tell you in advance. You can then cancel and, if we remove a core Paid Plan feature during your billing period, request a prorated refund for the rest of that period. If we ever offer a free trial of a Paid Plan, we will tell you its length before it starts, and you will be charged when it ends unless you cancel first.

4.4 How payments are processed. Payments made through the Website or Web App are processed by a third-party payment processor. Your payment information goes directly to that processor, and Self Cut does not store your full card number. The processor’s use of your information is governed by its own terms and privacy policy. If you subscribe through the Apple App Store or Google Play, that store processes the payment, and its terms govern billing, renewal, and refunds for that purchase.

4.5 How to cancel. You can cancel at any time:

• Website or Web App purchases: in your account settings at app.stayfreshapp.com, or by emailing support@stayfreshapp.com.
• Apple App Store purchases: in your Apple ID subscription settings.
• Google Play purchases: in your Google Play subscription settings.

When you cancel, your subscription stays active until the end of the current billing period, and you will not be charged again. Deleting the App from your device does not cancel your subscription.

4.6 Refunds. Except where required by law, payments are non-refundable, and we do not give refunds or credits for partially used billing periods. If you believe you were charged in error, contact us within 30 days of the charge and we will review it. Refunds for App Store or Google Play purchases are handled by Apple or Google under their policies.

4.7 Price changes. We may change subscription prices. We will notify you of a price increase at least 30 days before it takes effect, or earlier if the law requires. The new price applies from your next renewal after the notice period. If you don’t want to pay the new price, you can cancel before it takes effect.

4.8 Taxes and failed payments. Prices may not include applicable sales or similar taxes, which you are responsible for paying. If a payment fails, we or our payment processor may retry the charge, and we may suspend paid features until payment succeeds.

5. Your content and photos

5.1 You own your content. The Services let you upload photos, notes, and other information about your haircuts (“Your Content”). You keep ownership of Your Content.

5.2 License to us. You give Self Cut a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display, and transmit Your Content, only as needed to operate, secure, support, and improve the Services for you. We will not publish Your Content publicly, sell it, or use it in marketing without your separate permission. This license ends when you delete Your Content or your account, except for copies we must keep for a limited time in backups or to meet legal obligations.

5.3 Your responsibilities. You confirm that you have the rights needed to upload Your Content. If a photo shows another person, such as your barber or stylist, you confirm that you have that person’s permission. You are responsible for Your Content and for keeping your own copies of anything important.

5.4 Device permissions. If you choose to upload photos, the App and Web App ask for permission to use your device’s camera and photo gallery. We access only the photos you choose to take or select. You can withdraw these permissions at any time in your device settings, though some features may then stop working. Our Privacy Policy explains how we handle this data, and how we use cookies, session storage, and local storage.

6. Acceptable use

You agree not to:

• upload content that is unlawful, sexually explicit, harassing, hateful, or violent, or that infringes someone else’s rights;
• upload images of minors other than yourself, unless you are their parent or guardian;
• impersonate anyone, or misrepresent your connection with any person or business;
• interfere with, disrupt, or try to gain unauthorized access to the Services, other accounts, or our systems;
• copy, scrape, reverse engineer, decompile, or attempt to extract the source code of the Services, except where the law expressly allows it;
• use bots or automated means to access the Services without our written permission;
• upload viruses or other malicious code; or
• use the Services to break any law, or to resell or commercially exploit them without our written permission.

We may remove content or restrict accounts that we reasonably believe violate this Section.

7. Our intellectual property

The Services, including their software, design, text, graphics, logos, and the StayFresh name and marks, belong to Self Cut or its licensors and are protected by intellectual property laws. Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your own non-commercial purposes. We reserve all rights not expressly granted.

If you send us ideas, suggestions, or feedback, we may use them without any obligation to you.

8. Privacy

Our Privacy Policy explains what information we collect, how we use and share it, and the choices you have. It is part of these Terms.

9. Third-party services

The Services rely on, or link to, services run by others, such as payment processors, app stores, and hosting providers. We don’t control those services and aren’t responsible for their content, policies, or availability. Your use of them is governed by their own terms.

10. Mobile app store terms

10.1 Apple. If you downloaded the App from the Apple App Store:

• These Terms are between you and Self Cut only, not Apple. Self Cut, not Apple, is solely responsible for the App and its content.
• Your license to use the App is limited to Apple-branded devices that you own or control, as permitted by the App Store’s Usage Rules.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the App’s purchase price, if any. To the extent the law permits, Apple has no other warranty obligation for the App.
• Self Cut, not Apple, is responsible for addressing any claims relating to the App. This includes product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that the App infringes a third party’s intellectual property rights.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right to enforce them against you as a third-party beneficiary.

10.2 Google. If you downloaded the App from Google Play, you also agree to the Google Play Terms of Service. If they conflict with these Terms on how you use Google Play, Google’s terms control.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SELF CUT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT YOUR CONTENT WILL NEVER BE LOST.

The Services help you track and plan haircuts. Any reminders, schedules, or suggestions are for convenience only. They are not professional grooming, medical, or dermatological advice. Self Cut is not responsible for the outcome of any haircut or for the services of any barber or stylist.

12. Limitation of liability; indemnification

12.1 Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, SELF CUT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THEY ALSO WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $50.

Some jurisdictions don’t allow certain warranties to be excluded or certain liabilities to be limited. In those places, the disclaimers and limitations above apply only to the extent the law allows.

12.2 Indemnification. You agree to defend, indemnify, and hold harmless Self Cut and its officers, directors, employees, and agents from claims, losses, and expenses, including reasonable attorneys’ fees, that arise from Your Content, your misuse of the Services, or your violation of these Terms or of anyone else’s rights.

13. Dispute resolution and arbitration

13.1 Talk to us first. Before you file any claim, email support@stayfreshapp.com with a description of the issue. We both agree to try in good faith to resolve it informally for 60 days.

13.2 Binding arbitration. If we can’t resolve a dispute informally, any dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, and the Federal Arbitration Act governs this Section. Hearings may take place by video, by phone, or in your county of residence. The arbitrator’s decision is final and may be entered in any court with jurisdiction.

13.3 Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also seek injunctive relief in court for misuse or infringement of intellectual property.

13.4 Class action and jury waiver. You and Self Cut may bring claims against each other only individually, not as a plaintiff or class member in any class, collective, or representative proceeding. YOU AND SELF CUT EACH WAIVE THE RIGHT TO A JURY TRIAL.

13.5 30-day opt-out. You may opt out of this Section 13 by emailing support@stayfreshapp.com within 30 days after you first accept these Terms. Use the subject line “Arbitration Opt-Out” and include your name and the email address on your account. Opting out does not affect any other part of these Terms.

14. Governing law and venue

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-law rules. Any dispute not subject to arbitration will be heard only in the state or federal courts located in Fulton County, Georgia, and both parties consent to those courts’ jurisdiction. This does not take away any protection you have under the consumer protection laws of the place where you live.

15. Suspension and termination

You may stop using the Services and delete your account at any time. We may suspend or end your access if you materially violate these Terms, if the law requires it, or if we stop offering the Services. Where reasonable, we will give you notice first. If we end a paid subscription for reasons other than your violation of these Terms, we will refund the unused part of your current billing period. Sections 5.2 (for retained copies), 7, and 11 through 17 continue after termination.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date and version number above. For material changes, we will notify you at least 30 days in advance, by email or through the Services. Changes take effect on the date stated in the notice. If you keep using the Services after that date, you accept the updated Terms. If you don’t agree, stop using the Services and cancel your subscription before the changes take effect. Changes to Section 13 will not apply to disputes we already knew about before the change.

17. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Self Cut about the Services. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision does not waive it. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. We may send you notices by email or in the Services.

18. Contact us

Self Cut, Inc.
Atlanta, Georgia
support@stayfreshapp.com