My Air Spa, TERMS & CONDITIONS

These Terms and Conditions for My Air Spa Members (referred to as “Agreement”) pertain to your utilization as a My Air Spa Member of:

The My Air Spa website at http://www.myairspa.com and all related websites solely owned and operated by My Air Spa (collectively, the “My Air Spa Site”).
The appointment scheduling tool offered by My Air Spa through the My Air Spa Site and the My Air Spa-branded smartphone application (together, the “My Air Spa Application”).
Any other online platforms of My Air Spa (the “My Air Spa Booking Engine”) described in Part I below.
The payment services provided by My Air Spa for services offered by My Air Spa Professionals through the My Air Spa Application (the “My Air Spa Payment Services”), outlined in Part II below.
Any additional services or functionalities provided to My Air Spa Members through the My Air Spa Site or the My Air Spa Application.

These elements collectively constitute the “My Air Spa Member Services”.
Throughout this Agreement, “My Air Spa” and “we” refer to My Air Spa, Inc., a company organized under the laws of the State of Louisiana. “My Air Spa Member” and “you” refer to any individual utilizing the My Air Spa Member Services to receive beauty and wellness services from My Air Spa Professionals (“My Air Spa Professionals”) through the My Air Spa Site and My Air Spa Application.
My Air Spa reserves the right to update or amend this Agreement periodically. You agree to review this Agreement regularly. Your acceptance of any modified version of this Agreement is necessary for continued use of the My Air Spa Member Services. If you disagree with the terms of this Agreement or any modifications, your sole option is to discontinue using the My Air Spa Member Services, resulting in the termination of your access to both the My Air Spa Member Services and your My Air Spa Member Account (as defined below). Unless otherwise specified by My Air Spa, the use of the My Air Spa Member Services is governed by the version of this Agreement in effect at the time of usage.
By accessing or using the My Air Spa Member Services or by clicking “accept” or “agree” to this Agreement, you:

Acknowledge that you have read, comprehended, and consent to be bound by this Agreement.
Affirm and warrant that you are of legal age and not restricted by law from accessing or using the My Air Spa Member Services.

PART I – My Air Spa BOOKING ENGINE:

My Air Spa offers the My Air Spa Booking Engine to My Air Spa Members to facilitate the booking of My Air Spa Professionals for beauty and wellness services. Upon a My Air Spa Member’s request to book a My Air Spa Professional through the My Air Spa Site or My Air Spa Application, My Air Spa directly notifies the My Air Spa Professional of the booking request through the My Air Spa Booking Engine. My Air Spa Professionals reserve the right to accept or reject booking requests at their discretion. My Air Spa Professionals are not obligated to accept booking requests at any time.
Each My Air Spa Professional retains the discretion to determine the times and dates they are available on the My Air Spa Booking Engine to accept booking requests from My Air Spa Members.

PART II – PAYMENT TERMS:

To utilize the My Air Spa Payment Services, you must furnish credit card or debit card information for at least one valid and operational credit card or debit card via the My Air Spa Application. You maintain the option to add, remove, or edit the provided credit card or debit card information as needed via the My Air Spa Application.
Upon confirmation by a My Air Spa Professional to My Air Spa that an appointment with a My Air Spa Member has been fulfilled, the My Air Spa Member’s credit card or debit card will be promptly charged in full for the service.
If a My Air Spa Member wishes to cancel an appointment, cancellation within the initial 24 hours of a confirmed booking incurs no charge. Cancellation beyond 24 Hours after a confirmed booking results in a 100% charge of the total service cost.
To the extent permissible by applicable law and subject to our privacy policy, you acknowledge and consent to My Air Spa utilizing certain third-party vendors and service providers for payment processing.

PART III – GENERAL TERMS:

My Air Spa is dedicated to assisting you in safeguarding your online privacy. Kindly refer to our privacy policy for comprehensive details on how we collect, utilize, and disclose information in connection with the My Air Spa Member Services.
In order to receive services from My Air Spa Professionals, you must establish a My Air Spa Member account with My Air Spa via the My Air Spa Site or My Air Spa Application (“My Air Spa Member Account”). Upon registration for a My Air Spa Member Account, you are obligated to provide accurate, current, and complete data about yourself (“My Air Spa Member Registration Data”). It is your responsibility to ensure the confidentiality of your My Air Spa Member Account and the information therein. Except as mandated by applicable law, you are solely responsible for all activities conducted through your My Air Spa Member Account, whether authorized by you or not. Prompt notification to My Air Spa of any unauthorized use of your My Air Spa Member Account or any security breaches related to your utilization of the My Air Spa Services is required.

9.  The My Air Spa Application may utilize GPS technology to determine your current location. By using the My Air Spa Member Services, you explicitly consent to receiving SMS text messages from My Air Spa regarding service updates, as outlined in our privacy policy. Communication methods for the My Air Spa Member Services encompass SMS, GPS, and web-based browser technology. To access the My Air Spa Application, maintaining an active account with an electronic communications carrier for mobile devices is necessary.
10. Utilizing the My Air Spa Member Services necessitates Internet connectivity via your mobile device. You are responsible for any charges incurred from your mobile carrier due to My Air Spa Member Services usage, including notifications provided by the My Air Spa Services. My Air Spa cannot guarantee compatibility with all devices or support from all mobile carriers.
11. My Air Spa retains the sole discretion to modify the My Air Spa Member Services and pricing structure without prior notice, including additions, removals, or modifications to portions of the My Air Spa Site and My Air Spa Application. My Air Spa bears no liability for such alterations. Should you object to any changes, your only recourse is to discontinue utilizing the My Air Spa Member Services. Continued usage following modifications implies acknowledgment and satisfaction with all aspects of the My Air Spa Member Services, including pricing.
12. The information, features, and materials accessible through the My Air Spa Member Services are protected by intellectual property laws. All content, including text, graphics, video, and data (collectively, “My Air Spa Content”), provided by My Air Spa is intended solely for supporting your authorized use of the My Air Spa Member Services. My Air Spa may modify the My Air Spa Content at its discretion. Except as expressly permitted herein, no licenses are granted for any other purposes, and unauthorized use constitutes a material breach of this Agreement. My Air Spa retains all rights to the My Air Spa Member Services and My Air Spa Content, including associated intellectual property rights.
13. Subject to the terms herein, My Air Spa grants My Air Spa Members a non-transferable, revocable license to utilize the My Air Spa Application solely on compatible mobile devices to facilitate permitted use of the My Air Spa Member Services.
14. My Air Spa Member Services and My Air Spa Content are provided exclusively for personal use in accordance with this Agreement. Any other uses are prohibited. My Air Spa reserves all rights and remedies under applicable laws, including the right to refuse service, terminate accounts, edit or remove content, cancel bookings, or deny access to the My Air Spa Member Services. Prohibited activities include the use of automated devices to access the My Air Spa Member Services, interference with functionality, illegal usage, and public dissemination of performance information. Additionally, you agree not to publish any My Air Spa referral codes on external platforms, and My Air Spa reserves the right to revoke referral credits and hold you responsible for any outstanding payments.
15. My Air Spa may suspend your access to all or part of the My Air Spa Member Services or terminate this Agreement without notice or explanation, particularly if a violation is suspected. Following suspension or termination, reinstatement of access or creation of a new My Air Spa Member Account may be at My Air Spa’s discretion. My Air Spa bears no liability for the termination of this Agreement or its consequences. You retain the right to discontinue My Air Spa Member Services usage at any time. Termination of your My Air Spa Member Account may result in the deletion of associated content, for which My Air Spa assumes no liability.

You affirm the accuracy and truthfulness of all information provided to My Air Spa and guarantee that uploaded content does not infringe upon any third-party rights. You agree to indemnify, defend, and hold harmless My Air Spa, its representatives, and affiliates from any claims arising from your use of the My Air Spa Member Services or any breach of this Agreement.
My Air Spa Parties shall not be liable for any injuries, losses, or damages, whether direct or consequential, arising from this Agreement, your use of the My Air Spa Member Services, service failures, or acts or omissions of My Air Spa Professionals.
My Air Spa disclaims all representations, warranties, and conditions concerning the My Air Spa Member Services, including the accuracy of information regarding My Air Spa Professionals.
You acknowledge that the quality of services provided by My Air Spa Professionals is solely their responsibility. By engaging their services, you understand the associated risks and agree that your use of the My Air Spa Member Services is at your own risk.
You accept full responsibility for relying on any information provided by My Air Spa or My Air Spa Professionals, understanding that any associated risks are yours to bear within the limits of the law.
While My Air Spa provides information about its Professionals, it does not render their services. While My Air Spa may request background information, it does not guarantee its accuracy or completeness, nor the adequacy of any Professional’s qualifications.
The foregoing disclaimers apply to the maximum extent permitted by law, though you may retain other statutory rights. However, the enforceability of statutory warranties is limited as allowed by law.
Both parties agree that the disclaimers, exclusions, and limitations herein are integral to this Agreement, representing a reasonable risk allocation. My Air Spa would be unable to offer the My Air Spa Member Services without these terms, which shall endure even if any remedy specified herein fails.
Should any provisions of this Agreement be deemed invalid, the remaining provisions shall remain in effect. This Agreement may not be transferred or assigned by My Air Spa Members but may be freely transferred by My Air Spa.
Waivers or delays in enforcing any provision do not constitute ongoing waivers, and disputes shall be resolved through binding arbitration as outlined in this Agreement.
Any disputes between you and My Air Spa shall be resolved exclusively through binding arbitration, subject to the Federal Arbitration Act and the American Arbitration Association’s rules.

Arbitration shall be conducted by one commercial arbitrator experienced in resolving commercial disputes from the American Arbitration Association (“AAA”). The arbitration will be governed by the AAA’s Commercial Arbitration Rules, and if applicable, the Supplementary Procedures for Consumer-Related Disputes.
By agreeing to arbitration, you waive the right to pursue claims in court, except for those filed in small claims court. All claims must be brought in the parties’ individual capacity and not as part of a class or representative proceeding.
My Air Spa reserves the right to pay filing and hearing fees if the arbitrator deems them necessary to prevent arbitration from being cost-prohibitive. Each party is responsible for its attorneys’ fees and expenses, unless otherwise required by law.
Arbitration proceedings are confidential, and the arbitrator’s decision is enforceable like a court order, subject to limited review. Notwithstanding the arbitration agreement, claims of defamation, violation of intellectual property rights, or seeking emergency equitable relief may be brought in court.
This Agreement is governed by the laws of the State of New York, excluding conflicts of law principles. If any provision is found invalid, the remainder of the Agreement shall remain in effect.
Your acceptance of these terms is indicated by your use of the My Air Spa Member Services, constituting a legally binding agreement between you and My Air Spa.