1. Acceptance of Terms

By creating an account on the Freshcut app (the “Platform” or “Service”), operated by TJ Balsamo (sole proprietor, DBA Mr. Freshcut) (“Company,” “we,” “our,” “us”), you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Service.

The Platform connects clients with independent licensed professionals (“Pros”) for grooming and beauty services. Company provides software infrastructure only and is not the provider of the underlying services.

2. Eligibility

You must be at least 18 years old to create an account. Pros must additionally hold all licenses required by their state of operation (e.g., Florida Department of Business and Professional Regulation barber/cosmetologist license). You represent and warrant that all information you provide is true and accurate.

3. Account Registration

We use phone-based one-time-password (OTP) authentication. You are responsible for maintaining the confidentiality of your phone and account. You agree to notify us immediately of any unauthorized use. We may suspend or terminate accounts for any reason, including suspected fraud or violation of these Terms.

4. Pro Accounts: Additional Terms

If you register as a Pro:

• You must complete identity verification, license verification, and Stripe Connect onboarding before accepting bookings.
• You are an independent contractor, not an employee of Company. You are solely responsible for your own taxes, insurance, and compliance.
• You set your own pricing and schedule.
• You agree to honor the cancellation/no-show policies enforced by the Platform.
• You agree not to circumvent the Platform's booking or payment flow with existing Platform clients (no off-platform side bookings to avoid fees).
• Company may charge platform fees on certain transaction types as disclosed at our pricing page.

5. Bookings, Payments & Fees

All bookings are paid through the Platform via Stripe. By booking, you authorize Company (via Stripe) to charge your saved payment method for:

• The base service price set by your Pro
• A platform service fee (currently $1.50 per booking)
• Card processing fees
• Tips you authorize
• No-show or late-cancellation fees as described in Section 6
• Add-on charges (product, additional services) initiated by your Pro

Funds are held by Company and disbursed to Pros after service completion per the Pro's payout schedule. Company is not a bank and does not pay interest on held funds.

6. Cancellation, No-Show & Late Cancellation Policy

Cancellation made 12 hours or more before the appointment start time is free. Original payment is fully refunded.

Cancellations made less than 12 hours before, and no-shows, may incur a fee charged to your saved payment method. Fees follow a graduated grace policy:

• 1st offense per client: No charge. Warning notice sent.
• 2nd offense: 25% (late cancel) or 50% (no-show) of service price.
• 3rd offense: 75% of service price.
• 4th offense and beyond: 100% of service price.

Fees are split between Company and the Pro. By accepting these Terms you authorize off-session charges to your saved payment method for these fees.

7. Tips

Tips are optional and 100% paid to the Pro (less only Stripe processing fees). Tips are non-refundable.

8. Refunds & Disputes

All refund requests must be made within 14 days of the appointment. Service-quality complaints should first be raised with your Pro directly. Disputes that cannot be resolved between you and your Pro may be escalated to Company by emailing info@mrfreshcut.com; Company will review in good faith but is not obligated to issue refunds for disputes that are between you and your Pro. Chargebacks initiated without first attempting to contact us may result in account suspension.

9. Memberships

Membership packages are prepaid bundles of service credits with a fixed expiration date. Credits are non-refundable except as required by law and do not roll over after expiration. Membership pricing and terms are set by individual Pros and locked at purchase. Memberships cannot be transferred to another Pro or another client.

10. Video Consultations

Consultations are advisory video calls. The full deposit is charged at booking and is non-refundable except in the case of Pro cancellation. Recordings, if any, require explicit dual consent at the start of the call.

11. Perks (Single-Use Discount Codes)

Perk codes are single-use, non-transferable, expire 90 days after issuance, and may be revoked at any time. Codes cannot be combined and have no cash value.

12. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or to facilitate any unlawful activity
• Harass, threaten, or abuse other users or Pros
• Submit false, misleading, or fraudulent information
• Attempt to bypass payment, fee, or fraud-prevention systems
• Scrape, copy, or reverse-engineer the Platform
• Impersonate any other person
• Submit reviews you know to be false or are paid to submit
• Use the Platform to compete with the Platform (e.g., a competing booking app extracting our data)

Violations may result in immediate termination and forfeiture of any prepaid balances.

13. SMS, Email & Communications Consent

By providing your phone number and/or email address you consent to receive transactional and promotional communications from Company and from Pros you have engaged with on the Platform. Transactional messages include OTP login codes, booking confirmations, reminders, fee notices, and service-related notifications. Promotional messages may include offers, news, and platform updates.

SMS message and data rates may apply. Message frequency varies. Reply STOP to any SMS to opt out. Reply HELP for help. To unsubscribe from promotional emails, click the unsubscribe link in any email or email info@mrfreshcut.com.

14. Reviews & User Content

You retain ownership of content you submit (reviews, photos, etc.) but grant Company a worldwide, royalty-free, perpetual, non-exclusive license to use, display, and distribute it on the Platform and in marketing. Reviews must reflect your actual experience. We may remove content that violates these Terms.

15. Termination

You may delete your account at any time by emailing info@mrfreshcut.com. We may suspend or terminate your account at our discretion for violations of these Terms or applicable law. Upon termination, you remain liable for any outstanding fees.

16. Intellectual Property

The Platform, including all software, design, logos, mascot characters (including “Mr. Freshcut”), and copy, is owned by Company and protected by copyright, trademark, and other intellectual property laws. You receive a limited, revocable, non-exclusive license to use the Platform solely for its intended purpose.

17. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

COMPANY IS NOT THE PROVIDER OF GROOMING OR BEAUTY SERVICES AND DISCLAIMS ALL LIABILITY FOR THE QUALITY, SAFETY, OR LEGALITY OF SERVICES PROVIDED BY PROS. YOUR INTERACTIONS WITH PROS ARE SOLELY BETWEEN YOU AND THE PRO.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY. COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (a) $100 USD OR (b) THE TOTAL AMOUNT YOU PAID TO COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM.

19. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from any claim, demand, or damages (including attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your violation of any law or third-party right.

20. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of laws principles.

Mandatory Arbitration: Any dispute arising from or relating to these Terms or the Platform shall be resolved by final and binding arbitration administered by JAMS in Miami-Dade County, Florida under JAMS Streamlined Arbitration Rules. You waive your right to a jury trial and to participate in class actions, except where such waiver is unenforceable by law. Either party may seek injunctive relief in court for intellectual property infringement.

21. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated via email or in-app notice at least 7 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

22. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Contact

Questions about these Terms? Email info@mrfreshcut.com.