Customer Terms & Conditions

These Customer Terms & Conditions (the “Terms”) form a legally binding agreement between Zivly Technologies Inc. (“Zivly,” “we,” “us,” or “our”), a Canadian corporation with its principal office in Etobicoke, Ontario, and you, the individual using the Zivly customer app or website (“you,” “your,” or “Customer”).

The Zivly customer app and the consumer-facing portions of zivly.ca (together, the “Customer Service”) let you discover, browse, and book appointments at independent personal-care businesses in Canada that subscribe to the Zivly platform (each, a “Merchant”) - including hair salons, barbershops, nail studios, spas, tanning studios, tattoo and piercing shops, pet groomers, and wellness centers.

1. About Zivly — What We Are and Are Not

Zivly is a technology platform that connects you with independent Merchants. Zivly is not the provider of the salon, spa, barbering, grooming, tattoo, piercing, wellness, or any other service you book. Each Merchant is an independent business, solely responsible for the services it offers, the staff it employs, the prices it sets, and the policies (including cancellation, refund, no-show, and deposit policies) that apply to your booking.

When you book an appointment through Zivly, your contract for that service is directly between you and the Merchant. Zivly is not a party to that contract. Zivly is also not:

• a salon, spa, barbershop, or any other personal-care service provider;
• an employer, agent, or representative of any Merchant or its staff;
• a financial institution, payment processor, or money services business (payments are processed by Stripe - see Section 5);
• a licensing or regulatory body for personal-care professionals;
• a guarantor or insurer of any service quality, outcome, health result, or safety standard.

2. Eligibility

To create a Zivly customer account and use the Customer Service, you must:

• be at least 16 years old; and
• have the legal capacity to enter into a binding contract under the laws of your province or territory.

If you are between 16 and the age of majority in your jurisdiction (18 in most Canadian provinces, 19 in some), you represent that a parent or legal guardian has reviewed these Terms and consents to your use of the Customer Service. We may request verification at any time. Some Merchants offer services that are restricted to adults (such as tattooing, piercing, or certain medical-spa procedures) and may impose their own age, consent, or identification requirements at their sole discretion.

The Customer Service is intended for use in Canada. We make no representation that the service is available or appropriate outside of Canada.

3. Your Account

Registration. You can create a Zivly customer account using a valid email address, phone number, or supported third-party login (e.g., Google via Firebase Authentication). You agree to provide accurate, current, and complete information and to keep that information up to date.

Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access. Zivly is not liable for losses resulting from your failure to safeguard your credentials.

One person, one account. Your account is for personal, non-commercial use. You may not share, sell, transfer, or assign your account, and you may not create accounts for other people without their express permission and accurate information.

Suspension or removal. Zivly may suspend, restrict, or terminate your account at our discretion if you breach these Terms, the Acceptable Use rules in Section 9, or applicable law, or if a Merchant reports conduct that warrants action.

4. Bookings and the Merchant Relationship

Booking is a contract with the Merchant. When you submit a booking request and the Merchant confirms it, a contract for that service is formed directly between you and that Merchant. Zivly facilitates the booking but is not a party to it. Any deposit, no-show fee, cancellation fee, gratuity rule, or rescheduling policy is set and enforced by the Merchant, not by Zivly.

Service information is provided by Merchants. Information about services, prices, durations, staff availability, photos, descriptions, and qualifications is provided by Merchants. Zivly does not independently verify Merchant content and is not responsible for its accuracy, completeness, or timeliness. Always confirm important details (allergies, medical considerations, age restrictions, accessibility, license requirements) directly with the Merchant before your appointment.

Showing up. You agree to attend appointments you have booked, on time, at the correct location. If you cannot attend, cancel or reschedule through the app as early as possible and in accordance with the Merchant's policy.

Health, safety, and conduct at the Merchant's premises. Once on the Merchant's premises, you are subject to the Merchant's house rules, health and safety procedures, and any applicable provincial regulations. Zivly has no control over the physical premises or the conduct of any Merchant or its staff, and disclaims any responsibility for events that occur there.

5. Payments

Stripe processes payments. Where a Merchant accepts payment through Zivly, payments are processed by Stripe, Inc.. By submitting payment information through the Customer Service, you authorize Stripe to charge your payment method for the booking, deposit, no-show fee, gratuity, or other amount you have authorized. Your use of Stripe is also subject to Stripe's own terms and privacy policy at stripe.com/legal.

Zivly does not store card data. Zivly does not collect, store, process, or transmit raw payment card numbers, CVV codes, or full PAN data at any time. Cardholder data is handled exclusively by Stripe under PCI DSS Level 1 compliance. Zivly stores only Stripe payment-method tokens needed to associate the payment method with your account.

Currency, taxes, gratuities. Prices displayed in Canadian dollars are inclusive or exclusive of taxes as indicated by the Merchant. Applicable federal and provincial taxes (GST/HST/QST/PST) and any gratuities are charged in addition to the service price as configured by the Merchant.

Funds flow. Payments for Merchant services are received and held by the Merchant via the Merchant's own Stripe Connected Account. Zivly does not hold, pool, or commingle Customer payment funds.

Disputes and chargebacks. If you have a billing dispute, first contact the Merchant directly. If you cannot resolve the matter, you may dispute the charge with your card issuer or through Stripe. Zivly may, at its option, assist by providing booking records but is not the merchant of record and cannot issue refunds on a Merchant's behalf.

6. Cancellations, No-Shows, and Refunds

Each Merchant sets its own policy. Cancellation windows, deposit forfeitures, no-show fees, late-arrival rules, and refund policies are set, communicated, and enforced by each individual Merchant. They are displayed on the Merchant's booking page and/or in your booking confirmation. Please review them before confirming your booking.

Refund authority. Only the Merchant has authority to issue a refund of service amounts they have received. Zivly cannot override a Merchant's policy and cannot force a refund on a Merchant's behalf. If a Merchant agrees to a refund, it is processed back to your original payment method through Stripe and may take several business days to appear.

Statutory rights. Nothing in this Section limits any non-waivable rights you may have under provincial consumer protection legislation.

7. Communications and Marketing

Service messages. When you use the Customer Service, we and the Merchants you book with will send you transactional messages - booking confirmations, reminders, schedule changes, receipts, and account or security notifications. These are necessary to provide the service you requested and are not promotional.

Marketing messages. Marketing emails or text messages from a Merchant or from Zivly are sent only where you have provided valid consent under Canada's Anti-Spam Legislation (CASL) and the Telecommunications Act, as applicable. Every marketing message contains a working unsubscribe mechanism. You can also manage communication preferences in your account settings.

SMS rates. Standard message and data rates from your mobile carrier may apply to SMS messages. Message frequency may vary. To stop receiving SMS messages, reply STOP at any time. For help, reply HELP or contact us at [email protected].

Marketing SMS. Marketing text messages are sent only by Merchants you have separately opted in with; opting in to a Merchant's marketing SMS is a distinct choice from, and independent of, your consent to receive transactional SMS, and each Merchant's opt-in applies only to that Merchant. Message and data rates may apply. Message frequency varies by Merchant. To stop receiving a Merchant's marketing SMS messages, reply STOP at any time. For help, reply HELP or contact us at [email protected].

8. Reviews, Ratings, and User Content

If the Customer Service allows you to post reviews, ratings, photos, comments, or other content (“User Content”), you agree that your User Content will:

• be honest and based on your actual experience;
• not be defamatory, harassing, threatening, hateful, sexually explicit, discriminatory, or otherwise unlawful;
• not contain personal information of other people without their consent;
• not contain promotional content for an unrelated business;
• not infringe any third-party intellectual property, privacy, or publicity rights.

Licence to Zivly. You retain ownership of your User Content. By posting User Content, you grant Zivly a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, modify (for formatting), publish, and display your User Content in connection with operating, promoting, and improving the Customer Service. You can delete your User Content at any time, after which the licence ends except for copies retained for legal, security, or backup purposes.

Moderation. Zivly may, but is not obligated to, review, edit, refuse, or remove User Content for any reason, including violations of these Terms or applicable law.

9. Acceptable Use

You agree not to use the Customer Service to:

• violate any law, regulation, or third-party right;
• harass, abuse, threaten, defame, stalk, or discriminate against any Merchant, staff member, or other user;
• create fake bookings, repeated no-shows, or otherwise abuse Merchants' time or resources;
• use the service to organize protests, boycotts, or other targeted campaigns against specific Merchants;
• impersonate any person or misrepresent your affiliation with any person;
• scrape, copy, or harvest data from the Customer Service except as expressly permitted;
• upload malware, viruses, or other harmful code;
• probe, scan, or test the security of the platform without our written consent;
• circumvent any technical limit, access control, or rate limit;
• reverse-engineer, decompile, or attempt to derive source code from the Customer Service;
• use bots, crawlers, or automated tools to interact with the platform without our written consent;
• resell, sublicense, or commercially exploit any portion of the Customer Service.

Violations may result in immediate suspension or termination of your account and, where appropriate, referral to law enforcement or regulators.

10. Privacy

Our handling of your personal information is described in the Zivly Privacy Policy, which forms part of these Terms by reference. Note that when you book at a Merchant, that Merchant becomes the controller of the personal information they collect about you in connection with your appointment. To exercise privacy rights against a Merchant directly (for example, to access or delete information held by that specific salon), you must contact the Merchant. Zivly will assist where appropriate as the data processor on the Merchant's behalf.

11. Intellectual Property

The Customer Service, including all software, designs, interfaces, text, graphics, logos, icons, and trademarks (other than your User Content and Merchant content), is owned by Zivly or its licensors and is protected by Canadian and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Customer Service for personal, non-commercial use in accordance with these Terms.

The names “Zivly,” the Zivly logo, and related marks are trademarks of Zivly Technologies Inc. You may not use them without our prior written consent.

12. Third-Party Services

The Customer Service relies on third-party service providers, including Stripe (payments), Google (Firebase Authentication, Maps, Analytics), DigitalOcean (cloud hosting in Toronto), Resend (transactional email), Brevo (marketing email), Twilio (SMS notifications), PostHog (analytics), and Upstash (caching). Zivly does not control these third parties, and your use of any feature involving them may be subject to their own terms and privacy policies. Zivly is not responsible for the availability, security, terms changes, pricing, or any loss arising from these third-party services.

13. Disclaimers

Zivly expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and reliability. Zivly does not warrant that:

• the Customer Service will meet your requirements;
• the Customer Service will operate uninterrupted, error-free, or secure;
• any defect will be corrected;
• information shown about a Merchant - including availability, pricing, qualifications, descriptions, photos, ratings, or reviews - is accurate, current, or reliable;
• any service you book through Zivly will be performed safely, satisfactorily, or to any particular standard;
• any health, cosmetic, wellness, or personal-care outcome will be achieved;
• the Customer Service is free of viruses, malware, or harmful components.

You acknowledge that any reliance on the Customer Service or on any Merchant is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, our warranties are limited to the greatest extent permitted by law.

14. Limitation of Liability

To the maximum extent permitted by applicable Canadian law:

• No liability for Merchant services. Zivly is not liable for any claim, loss, injury, damage, or dispute arising from a service performed (or not performed) by a Merchant, including service quality, alleged negligence, allergic reactions, infections, dissatisfaction, no-shows by staff, cancellations, or delays.
• No liability for third parties. Zivly is not liable for the acts, omissions, errors, or failures of Stripe, Google, DigitalOcean, Resend, Brevo, Twilio, PostHog, Upstash, your mobile carrier, your card issuer, or any other third-party service provider.
• No consequential damages. In no event will Zivly be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, including loss of profits, loss of opportunity, loss of data, loss of goodwill, mental distress, or cost of substitute services - even if advised of the possibility of such damages.
• Aggregate cap. Zivly's total aggregate liability to you for all claims arising from or related to these Terms or the Customer Service will not exceed the greater of (a) the total amount of platform fees you have paid to Zivly in the twelve (12) months before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

These limitations reflect a reasonable allocation of risk and form an essential basis of this agreement. Some Canadian jurisdictions (notably Quebec) do not permit certain limitations or exclusions of liability against consumers; nothing in these Terms is intended to limit any right or remedy you may have under non-waivable provincial consumer-protection legislation.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Zivly, its affiliates, and their officers, directors, employees, and agents from and against any claim, loss, liability, damage, or expense (including reasonable legal fees) arising from or relating to: (a) your User Content; (b) your breach of these Terms or applicable law; (c) your fraudulent or wilful misconduct; or (d) your infringement of any third-party right.

16. Termination

By you. You may stop using the Customer Service and close your account at any time through account settings or by emailing [email protected]. Closing your account does not relieve you of obligations already incurred (for example, fees owed to a Merchant for a missed appointment under that Merchant's policy).

By Zivly. Zivly may suspend or terminate your account, with or without notice, for breach of these Terms, abusive conduct, fraud, or if Zivly is required to do so by law or by a service provider. Zivly may also discontinue the Customer Service in whole or in part, with reasonable notice where practicable.

Effect of termination. Upon termination: your access to the Customer Service ends; any pending bookings remain subject to the terms agreed with the relevant Merchant; outstanding amounts owed remain due; and the provisions that by their nature should survive - including Sections 8 (User Content licence), 11 (IP), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), and 17 (Disputes) - survive.

17. Disputes and Governing Law

Governing law. These Terms and any dispute arising out of or in connection with them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules.

Informal resolution first. If you have a concern, please contact us at [email protected] first. We will try in good faith to resolve any dispute informally within thirty (30) days.

Courts. Subject to any non-waivable rights you have under provincial consumer-protection legislation, the courts of the Province of Ontario have exclusive jurisdiction to hear any dispute arising out of these Terms, and you consent to the personal jurisdiction of those courts.

Quebec residents. If you reside in Quebec, nothing in these Terms is intended to limit any rights you have under the Consumer Protection Act (Quebec), and Quebec consumers may bring proceedings in the district where they reside as permitted by that Act.

Class actions. To the extent permitted by law, claims must be brought in your individual capacity and not as a plaintiff or class member in any class, collective, representative, or consolidated proceeding. This clause does not apply where prohibited by applicable provincial law.

18. Changes to These Terms

Zivly may update these Terms from time to time. For material changes, we will: (a) update the “Last updated” date at the top of this page; (b) notify you by email at the address on your account or through an in-app notice at least 14 days before the changes take effect (where reasonably practicable); and (c) post the revised Terms at this URL. Your continued use of the Customer Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Customer Service and close your account.

19. General

Entire agreement. These Terms, together with the Privacy Policy, any Merchant-specific terms displayed at the time of booking, and any additional terms you accept through the Customer Service, form the entire agreement between you and Zivly.

No partnership. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Zivly.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, and the remaining provisions will remain in full force.

Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Notices to you. Notices may be sent to the email address on your account, by in-app notification, or by posting on the Customer Service.

Language. The parties confirm their wish that these Terms and all related documents be drafted and interpreted in the English language. Les parties reconnaissent leur volonté expresse que ces conditions et tous les documents connexes soient rédigés en anglais.

20. Contact

Questions about these Terms?

Zivly Technologies Inc.
146 Thirtieth Street, Etobicoke, Ontario, Canada
Legal: [email protected]
Support: [email protected]
Web: zivly.ca

© 2026 Zivly Technologies Inc. All rights reserved.