Terms of Use

Introduction

Welcome to Nail It! By using our website and services, you agree to comply with and be bound by the following Terms and Conditions. Please read them carefully. If you do not agree to these terms, you should not use our website. 

Definitions

“Nail It” refers to the website and the services provided by Nail It.

“User,” “You,” and “Your” refers to any individual or entity using Nail It.

“Service Provider, Service Professional” refers to any individual or entity offering services through Nail It.

“Customer” refers to any individual or entity contracting services through Nail It.

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement ("Terms") govern your access to, use of, and participation in the Platform made available by Nail It. ("Nail It," "we," "our," or "us") or through Nail It and the entirety of your relationship with Nail It. AS DETAILED IN THE ELIGIBILITY, SERVICE PROFESSIONAL REPRESENTATIONS, WARRANITES AND UES OF THE PLATFORM SECTION BELOW, IF YOU ARE A SERVICE PROFESSIONAL, YOU UNDERSTAND AND AUTHORIZE NAIL IT TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM ITS VENDORS THROUGHOUT THE USE OF THE SERVICE WHERE NECESSARY.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS

Nail It reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Nail It will notify you of changes by updating these terms of use, by sending you a message or email, and/or otherwise notifying you when you are logged into your account. Modifications will become effective thirty (30) days after the earliest of: (a) modifications being posted on the Platform; (b) Nail It's transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review Nail It's Privacy Policies incorporated on the Privacy Policy page by reference, for information and notices concerning Nail It's collection and use of your information. The provision and delivery of text messages by Nail It or our text message service providers is governed by our SMS TERMS AND CONDITIONS, which are incorporated herein.  Please review the full set of key Nail It's Policies that govern your use of the Platform and our interactions with you and third parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

"Collective Content" means User Content and Nail It Content together.

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

"Customer” means a person who is registered to receive quotes for Pro Services, requests quotes for Pro Services, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Pro Services.

"Member" means a person or entity who completes Nail It's account registration process or a person or entity who submits or receives a request through Nail It, including but not limited to Service Professionals and Customer Members.

"Platform" means all Nail It's websites, mobile or other applications, software, processes and any other services provided by or through Nail It.

"Pro Services" means the services listed, quoted, scheduled, offered or provided by Service Professionals, or sought, scheduled or received by Customers, through the Platform.

"Service Professional" means a Member who is registered to send quotes for Pro Services, sends quotes for Pro Services, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services.

"Nail It Content" means all Content Nail It makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.

"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Nail It Content and feedback.

ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.

By registering or using the Platform to offer, post, or provide Professional Services, Service Professionals represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing. Service Professionals otherwise agree to comply with all applicable laws, including the Antigua and Barbuda DATA PROTECTION ACT 0f 2013 in their use of the Platform and any personal information obtained from the Platform.

Nail It is not in the business of providing Professional Services. Service Professional understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Nail It platform to access persons interested in receiving Pro Services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the provision of Pro Services. For example, Customers may use the Platform to intentionally interact with Service Professionals regarding Pro Services. Service Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services.

Service Professionals understand and agree that they are customers of Nail It, and are not Nail It employees, joint venturers, partners, or agents. Service Professionals acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. Nail It does not control, and has no right to control, the services a Service Professional provides (including how the Service Professional provides such services) if the Service Professional is engaged by a Customer or any other person, except as specifically noted herein.

Nail It, as permitted by applicable laws, obtains reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Professional’s account based on the results of such a check. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Nail It's vendors.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. However, to access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Nail It password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Nail It immediately of any unauthorized use. Nail It is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Nail It or others due to such unauthorized use. Your account is nontransferable except with Nail It's written permission and in line with Nail It’s policies and procedures.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, Nail It grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Nail It or its licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Nail It a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Pro Services, or for any other purpose in our sole discretion, except that the contents of private messaging through the Platform will not be used by Nail It in public advertising. In the interest of clarity, the license granted to Nail It shall survive termination of the Platform or your Account. Nail It does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Nail It the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Nail It's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that Nail It may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

Nail It reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.

Disclaimer of Liability

No Warranty: Nail It makes no warranties or representations about the accuracy or completeness of the content on our site or the services provided by service providers. Your use of the site and services is at your own risk.

Limitation of Liability: To the fullest extent permitted by law, Nail It. shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

Your use of or inability to use the website.

The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained through the website.

Unauthorized access to or alteration of your transmissions or data.

Statements or conduct of any third party on the website.

Any other matter relating to the website.

Services

Connecting Customers and Service Providers: Nail It acts as a platform to connect customers with Service Providers. We do not provide the actual services offered by service providers.

No Endorsement: Nail It does not endorse any service provider or guarantee the quality of their services. You are responsible for conducting your own due diligence before hiring a service provider.

Indemnification

You agree to indemnify, defend, and hold harmless Nail It, its officers, directors, employees and agents from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.