Terms of Service

Description of Service

Nibaki is a software-as-a-service platform built for beauty and wellness businesses. We provide tools to manage appointments and bookings (from your website and social channels), staff and operations, service and product catalogues, promotions and offers, and multi-location visibility—all from a single dashboard.

Our Service may include integration with third-party channels (e.g. Instagram, WhatsApp, Facebook), local search and discovery features, and a professional website with booking capabilities. We may add, change, or discontinue features from time to time. Your use of new or updated features is subject to these Terms.

Your Account and Responsibilities

You must provide accurate and complete information when registering and keep your account details (including payment and contact information) up to date. You are responsible for all activity under your account and for maintaining the confidentiality of your login credentials.

If you manage multiple locations or grant access to staff or other users, you remain responsible for their use of the Service in line with these Terms and applicable law. You must not use the Service for any illegal purpose or in any way that could harm Nibaki, other users, or third parties.

Subscription, Fees and Payment

Access to the Service may be offered on a free trial or paid subscription basis. Pricing, billing cycles, and payment methods will be presented at sign-up or in your account settings. You agree to pay all fees associated with your chosen plan and to provide a valid payment method. Fees are generally charged in advance (e.g. monthly or annually) and are non-refundable except where required by law or as stated in our refund policy.

We may change subscription fees upon reasonable notice. Continued use of paid features after a price change constitutes acceptance. If you do not agree to new fees, you may cancel before the next billing date in accordance with our cancellation process.

Content, Data and Privacy

You retain ownership of content and data you upload or create in the Service (e.g. business info, services, staff details, customer and booking data). By using the Service, you grant us a limited licence to host, process, and display that content and data as necessary to provide and improve the Service, and as described in our Privacy Policy.

Our collection, use, and disclosure of personal data is governed by our Privacy Policy. You must comply with applicable data protection and privacy laws when using the Service and when sharing any personal data with us or with your customers through the platform.

Acceptable Use

You must use the Service only for lawful purposes and in accordance with these Terms. You may not: (a) misuse or attempt to gain unauthorized access to the Service, our systems, or other accounts; (b) transmit malware, spam, or any content that is illegal, harmful, or infringing; (c) scrape or automate access in a way that burdens our infrastructure or violates our instructions; or (d) use the Service in a manner that violates the rights of others or applicable law.

We may suspend or terminate access, and remove content, if we reasonably believe you have breached these Terms or acceptable use. We will endeavour to give notice where appropriate but may act urgently where necessary to protect the Service or others.

Intellectual Property

Nibaki and its licensors own all rights in the Service, including the software, design, branding, and documentation. Nothing in these Terms transfers any such rights to you. You receive only a limited, non-exclusive, revocable right to use the Service for your internal business operations in accordance with these Terms.

You may not copy, modify, distribute, reverse-engineer, or create derivative works from the Service, or use our trademarks or branding without prior written permission, except as necessary to use the Service as intended (e.g. displaying your Nibaki-powered booking page).

Disclaimers

The Service is provided "as is" and "as available." We do not guarantee uninterrupted, error-free, or secure operation. We disclaim all warranties to the fullest extent permitted by law, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

"Nibaki is a tool to help you run your business. We are not responsible for the success or failure of your business, the accuracy of information you or your customers provide, or decisions made based on data or reports generated through the Service. You use the Service at your own risk."

We are not liable for the actions of your customers, staff, or third-party services (e.g. social platforms or payment processors) that you connect to the Service. Any reliance on the Service for business or legal decisions is your responsibility.

Limitation of Liability

To the maximum extent permitted by law, Nibaki and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business opportunity) arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.

Our total liability for any claims arising from or related to the Service or these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred dollars (USD 100), whichever is greater. Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Nibaki and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your content, data, or conduct; (c) your violation of these Terms or applicable law; or (d) any dispute between you and a customer, staff member, or third party in connection with your use of the Service.

Termination

You may stop using the Service and close your account at any time via your account settings or by contacting us. We may suspend or terminate your access, or discontinue the Service or any part of it, with or without notice, for breach of these Terms, non-payment, or for operational or legal reasons.

Upon termination, your right to use the Service ends. We may retain and use your data as described in our Privacy Policy and for legitimate business and legal purposes. Sections that by their nature should survive (e.g. Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law) will survive termination.

Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which Nibaki operates, without regard to conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the courts of that jurisdiction, and you consent to personal jurisdiction and venue therein. Nothing in these Terms limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction.

Changes to the Terms

We may update these Terms from time to time. We will post the revised Terms on this page and update the "Effective date" where appropriate. For material changes, we will provide additional notice (e.g. by email or a notice in the Service) where required by law or where we deem it appropriate.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the new Terms. If you do not agree, you must stop using the Service and may close your account before the new Terms take effect.

Contact Us

If you have questions about these Terms or the Service, please contact us via the contact details provided on our website or in the Nibaki app. We will respond to legitimate requests in a reasonable time.

Thank you for using Nibaki to manage your beauty and wellness business.