Terms of service and data processing agreement

The following definitions apply to the terms used in these terms of service:

• SalonBird: SalonBird, the software platform and the associated services, offered and managed by SalonBird, established in the Netherlands, or any other legal entity that wishes to enter into a legal relationship with the Customer and has declared these terms of service applicable to that relationship.
• Customer: any natural person or legal entity with whom SalonBird wishes to enter into, or has entered into, a legal relationship, including users of the Trial Account as referred to in article 2.
• Services: all services provided or to be provided in any way by or on behalf of SalonBird, including SaaS Services and Other Services.
• SaaS Services: all Software-as-a-Service services and related services that are provided or made available to the Customer by or on behalf of SalonBird via the internet.
• Other Services: all services of any kind, with the exception of SaaS Services, that are provided to the Customer by or on behalf of SalonBird.
• Agreement: any agreement or other legal relationship between the Parties relating to the provision of Services and related matters.
• Party or Parties: the Customer and/or SalonBird.
• End Customer: the customer of the salon who books an appointment, makes a payment, or otherwise uses the booking page or services via the SalonBird platform.
• Supplier: any licensor, sub-contractor or other supplier of SalonBird.
• Fee: the fee(s) the Customer owes to SalonBird under the Agreement or as described in these terms of service, with the exception of fees related to SalonBird Pay.
• Working day: a calendar day from 09:00 to 18:00, excluding weekends and official public holidays.

2.1 - These terms of service apply to all Agreements. Other general terms and conditions, including those of the Customer, are expressly rejected. Deviation from these terms of service is only possible if agreed in writing between the Parties. If a provision in the Agreement conflicts with the terms of service, that provision prevails over the terms of service.

2.2 - The Agreement between the Customer and SalonBird is formed when the Customer registers online via the SalonBird website, after which the Customer can create an account and take out a subscription.

2.3 - Without prejudice to the provisions of article 10, the Customer cannot terminate an Agreement entered into for a fixed term during that term. The Customer must terminate the Agreement in writing at least one (1) month before the end of the fixed term. If the Customer does not terminate the Agreement in time, the Agreement is automatically extended for the same period.

2.4 - Unless the Agreement has been entered into for a fixed term, the Agreement is entered into for an indefinite period. Under an Agreement for an indefinite period, each Party may terminate the Agreement subject to a notice period of at least one (1) month.

3.1 - SalonBird offers the Customer the option to try the SaaS Services free of charge (hereinafter: "Trial Account") before entering into an Agreement. No Fee is due for the Trial Account and it is available for a trial period of thirty (30) days.

3.2 - When the trial period ends, SalonBird has the right to delete the Customer's data without prior warning, unless the Parties have entered into an Agreement in time.

4.1 - SalonBird begins delivering Services after an Agreement has been formed with the Customer.

4.2 - Services are provided on an "as is" basis and are deemed to have been unconditionally accepted at the moment of delivery (in the case of SaaS Services: when access to these Services is granted). The Customer's use of the Services and the (direct and indirect) consequences thereof are at the Customer's expense and risk.

4.3 - SalonBird is entitled to modify, replace, suspend or block (access to) the Services for various reasons, including planned maintenance and the related downtime of the SaaS Services. SalonBird informs the Customer about this as early as possible. The Customer's obligation to pay the Fee to SalonBird remains unaffected.

4.4 - If a malfunction occurs in the delivery of SaaS Services to the Customer on Working Days, the Customer must contact the SalonBird customer service. The Customer does not owe a Fee for the use of customer service, provided the use is reasonable.

5.1 - Unless otherwise agreed, the Customer periodically owes a Fee in line with the rates set and announced by SalonBird. Unless stated otherwise in writing, all rates are exclusive of taxes (such as VAT) and other levies due by law.

5.2 - The Customer pays all SalonBird invoices within thirty (30) days of the invoice date at the latest. The Customer is not entitled to suspend or set off payments due.

5.3 - SalonBird is entitled to adjust Fees and rates once per contract year, within reasonable limits. SalonBird informs the Customer in writing at least one (1) calendar month before the relevant adjustment takes effect. The Customer is entitled to terminate the Agreement within one (1) month after the date on which a price increase has been announced.

5.4 - If the Customer does not pay the amounts due within the term referred to in article 5.2, the Customer - without any notice of default being required and without prejudice to SalonBird's other rights - (i) owes statutory interest on the outstanding amount and (ii) SalonBird is entitled to suspend the performance of the Agreement. The Customer must reimburse SalonBird for all collection costs SalonBird has to incur, with a minimum of 15% of the amount to be collected or €250 if higher.

6.1 - The Customer ensures that the data they provide to SalonBird is correct in every respect. The Customer must inform SalonBird immediately of any changes in this data.

6.2 - The Customer is responsible for (the security of) data that grants access to the SalonBird environment, in particular the use of strong passwords. The Customer is responsible for the use of the Services, data and content and for keeping access to and use of the foregoing confidential. The Customer must use the Services within the boundaries of the Agreement, these terms of service and applicable laws and regulations, including data protection laws.

6.3 - The Customer indemnifies SalonBird against third-party claims arising from the performance of the Agreement and/or the Customer's use of the Services.

7.1 - SalonBird makes qualified personnel available for delivering Services and will make every effort to deliver these Services to the best of its ability.

7.2 - SalonBird strives to make the SaaS Services available twenty-four (24) hours a day, seven (7) days a week. SalonBird does not guarantee, however, that the Services will work without interruption or errors. If the Services are unavailable, the Customer's obligation to pay the Fee remains unaffected, unless the unavailability lasts more than five (5) Working Days. In that case SalonBird applies a discount on the Fee proportional to the duration of the unavailability.

7.3 - SalonBird is not liable for any loss resulting from shortcomings of its Suppliers. The Customer authorises SalonBird (power of attorney) to accept any third-party limitations of liability on the Customer's behalf.

7.4 - With the exception of the provisions in these terms of service and the Agreement, all explicit or implicit provisions, warranties, conditions and obligations regarding SalonBird's performance of its obligations under any Agreement are excluded to the extent permitted by law.

8.1 - Without the other Party's consent, a Party will not provide third parties with business-sensitive information about the other Party, or with information that the Party can reasonably understand to be confidential.

8.2 - In delivering the Services, personal data of End Customers and the Customer's staff is processed. The data processing agreement in Part II of this document applies to this processing. Personal data is always treated as confidential.

8.3 - More information about how SalonBird handles personal data can be found in our privacy policy.

9.1 - The Customer is and remains the rightholder of all rights and powers regarding all data and information that belongs to the Customer. SalonBird and its Suppliers are the exclusive rightholders of every part of their respective Services (and related intellectual property rights), including the associated technical information, code, documentation, functionalities and related data, information and knowledge. The Customer obtains only the non-transferable and non-exclusive right to use the Services (hereinafter: "Right of use") for their normal business activities during the term of the Agreement. The Customer obtains no other (use) rights or powers regarding the (intellectual property rights to the) Services.

9.2 - The aforementioned Right of use only includes the right to load and make the Services available for the number and type of users and the use for which the Customer has taken out a subscription. If SalonBird determines that the Customer makes the Services available to more or different users than allowed under the Agreement, or otherwise uses the Services in an unauthorised way, SalonBird is entitled to charge additional Fees with retroactive effect, without prejudice to SalonBird's right to claim (additional) damages and take other legal measures. SalonBird is entitled to take technical measures to secure the Services and limit their use.

9.3 - Services that are not developed by SalonBird and therefore belong to the Supplier are subject to the conditions of the relevant Supplier.

10.1 - SalonBird is not liable for any loss arising from or resulting from the temporary unavailability, poor performance or (temporary) loss of (parts of) the Services.

10.2 - For other forms of loss, SalonBird is only liable for attributable direct damage. "Direct damage" means exclusively: (a) the reasonable costs of identifying the cause and extent of the damage, (b) the reasonable and necessary costs of bringing SalonBird's deficient performance into conformity with the Agreement, and (c) the reasonable costs of preventing or limiting damage.

10.3 - SalonBird's liability for all forms of damage other than as referred to above, such as indirect damage, including but not limited to consequential damage, lost turnover or profits, loss of customers, reputational damage, immaterial damage, missed savings, missed orders, loss of investments or damage due to business interruption, is excluded.

10.4 - SalonBird's liability for direct damage, costs or other detriment under the Agreement, including the data processing agreement, is at all times limited to the Fee SalonBird has invoiced the Customer for the Services, excluding VAT, over a period of six (6) months immediately preceding the event causing the damage, with a maximum of €20,000.

10.5 - The Customer is only entitled to compensation if the Customer notifies SalonBird in writing of the damage in question within thirty (30) days from the date on which the Customer could reasonably have discovered the occurrence of the damage.

10.6 - Nothing in these terms of service limits SalonBird's liability for damage resulting from intent or gross negligence on its part.

11.1 - Each Party has the right to terminate the Agreement with immediate effect, by registered letter, without further notice of default and without prior judicial intervention, if (i) the other Party files for suspension of payment or is declared bankrupt, or (ii) the other Party is a legal entity and is liquidated.

11.2 - After termination of the Agreement, in any way whatsoever, provisions that are clearly intended to remain in force will remain in force, including in any case the provisions of articles 8, 9 and 10.

12.1 - SalonBird offers the Customer the option to collect, process and refund payments from End Customers via the platform ("SalonBird Pay"). If the Customer decides to use SalonBird Pay, the following terms apply.

12.2 - SalonBird Pay is provided via the external service provider Stripe Payments Europe, Limited, a company registered in Ireland, with registered office at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). Stripe provides functionality for processing online payments (the "Stripe Services").

12.3 - The Customer enters into a direct contractual relationship with Stripe for the provision of the Stripe Services and accepts the Stripe Connected Account Agreement, as amended from time to time.

12.4 - Before the Customer can use SalonBird Pay and the Stripe Services, the Customer must be approved as a new customer by both SalonBird and Stripe. As part of the onboarding process, the Customer must submit registration data for Know-Your-Customer requirements. Stripe may approach the Customer directly and request additional information.

12.5 - The Customer may only use the Stripe Services to accept payments for products and services that the Customer themselves provides to End Customers, and only for the type of products and services described in the application. The Customer may not use the Stripe Services to sell products or services that conflict with applicable law.

12.6 - The Customer authorises Stripe to withhold and deduct the fees for the use of SalonBird Pay from the funds owed to the Customer. SalonBird reserves the right to adjust the fees from time to time.

12.7 - The SalonBird platform fee depends on the chosen subscription: Basic 4%, Pro 2.5%, Business 1% per transaction. In addition, Stripe's standard processing fees apply (see stripe.com/pricing for current rates).

12.8 - The Customer fully indemnifies SalonBird against all claims, fines, losses, costs and expenses related to (i) a breach by the Customer of the agreement between the Customer and Stripe, (ii) a breach by the Customer of the Stripe Connected Account Agreement, and (iii) misuse of the payment services.

12.9 - Article 10 (Liability) of these terms of service applies to all SalonBird Pay services. SalonBird is only responsible and/or liable for its own actions and omissions and not for the actions or omissions of third parties, including Stripe, unless such events are caused by intent or gross negligence on the part of SalonBird.

12.10 - The agreement regarding SalonBird Pay is entered into for an indefinite period until terminated by SalonBird or the Customer, subject to a notice period of at least one (1) month. The Customer can request termination of SalonBird Pay in writing via [email protected].

13.1 - SalonBird is entitled to amend these terms of service from time to time. All changes are communicated to the Customer by email at least one (1) month before a change takes effect. Continued use after the effective date is considered acceptance.

13.2 - SalonBird is entitled to outsource or transfer all or part of its rights and obligations under any Agreement.

13.3 - These terms of service, the Agreement, the data processing agreement in Part II and the performance thereof are governed exclusively by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

13.4 - All disputes arising from these terms of service, the Agreement, the data processing agreement in Part II or the performance thereof and/or in connection with the foregoing are submitted exclusively to the competent court in Amsterdam.

For questions about these terms you can contact us via:

• Email: [email protected]

• SalonBird offers the Customer software for, among other things, calendar, customer and appointment management, point-of-sale functionality, booking processing and business operations, and may in that capacity process personal data for the Customer;
• The Customer and SalonBird have entered into an Agreement on the basis of which the Customer can use the services provided by SalonBird; this data processing agreement forms part of those services;
• The Customer is regarded as the data controller, within the meaning of article 4 in conjunction with article 7 of the General Data Protection Regulation (GDPR), with regard to the processing of personal data;
• SalonBird is regarded as the processor, within the meaning of article 4 in conjunction with article 8 of the GDPR, with regard to the storage and processing of personal data.

The following definitions apply to the terms used in this data processing agreement:

• Terms of service: SalonBird's terms of service, which form an inseparable part of the Agreement.
• Annex: an annex to the data processing agreement that forms an inseparable part of the data processing agreement.
• Agreement: the agreement between the Customer and SalonBird for the use of SalonBird services, including any further agreements.
• Personal data: all data that is directly or indirectly traceable to a natural person as referred to in article 4(1) of the GDPR.
• Sub-processor: the sub-contractor engaged by SalonBird that processes personal data under this data processing agreement on behalf of the Customer as referred to in article 28(4) of the GDPR.
• Processing: the processing of personal data as referred to in article 4(2) of the GDPR.
• Data processing agreement: the present agreement, which forms part of the Agreement.

The provisions of the Agreement and the terms of service apply in full to this data processing agreement. Where the Agreement or terms of service contain provisions about the processing of personal data, the provisions of this data processing agreement prevail.

2.1 - In this data processing agreement SalonBird undertakes to process personal data on instruction of the Customer. See annex 1 for an overview of the type of personal data, categories of data subjects and the purposes for which the processing takes place. The Customer warrants that the personal data, categories of data subjects and purposes described in annex 1 are complete and accurate and indemnifies SalonBird against any shortcomings and claims resulting from incorrect information from the Customer.

2.2 - SalonBird only processes personal data on the basis of this data processing agreement and the instructions of the data controller. SalonBird does not process personal data for other purposes or its own purposes. SalonBird has no control over the purpose for which personal data is processed and the means used for that purpose. The Customer bears sole responsibility for this.

2.3 - The Customer warrants that the content, the use of and the instruction to process personal data comply with all applicable laws and regulations and do not infringe any third-party rights. The Customer indemnifies SalonBird against all third-party claims resulting from a breach of this warranty. If SalonBird is of the opinion that an instruction from the Customer constitutes a breach of the GDPR or other privacy legislation, SalonBird informs the Customer accordingly without delay.

2.4 - SalonBird undertakes to process personal data only for the activities mentioned in this data processing agreement and/or the Agreement. SalonBird warrants that it will not use the personal data processed under this data processing agreement without the express and written instruction of the Customer, unless a statutory provision obliges SalonBird to process the personal data in question. In that case, SalonBird informs the Customer of the statutory provision before the processing begins, unless legislation prohibits such notification on important grounds of public interest.

3.1 - SalonBird takes (or has taken) appropriate technical and organisational measures to secure personal data against loss or any form of unlawful processing, thereby ensuring a level of security appropriate to the relevant risk. Taking into account the state of the art and the costs of implementation, the measures guarantee an appropriate level of security, considering the risks of the processing and the nature of the personal data to be protected. SalonBird takes measures to protect personal data against accidental or unlawful destruction, unintended and intentional loss, alteration, unauthorised disclosure or access, or any other form of unlawful processing.

3.2 - See annex 2 for further information on the technical and organisational measures SalonBird has taken. These measures may be updated from time to time if necessary.

SalonBird requires all staff involved in the performance of the Agreement to sign a confidentiality agreement, which may or may not be included in their employment contracts. The confidentiality agreement provides at minimum that staff observe the confidentiality of personal data.

SalonBird is only authorised to transfer personal data outside the European Economic Area in compliance with applicable legal obligations.

6.1 - SalonBird is entitled to engage the sub-processors listed in annex 3 under this data processing agreement and the Agreement. If SalonBird wishes to engage another sub-processor, SalonBird informs the Customer of the intended changes. The Customer must object to these changes within five (5) Working Days. SalonBird responds to any objection from the Customer within five (5) Working Days.

6.2 - When SalonBird engages a sub-processor for specific processing activities on behalf of the Customer, the same data protection obligations are imposed on the sub-processor as those laid down in this data processing agreement.

The provisions of article 10 of the terms of service, relating to the limitation of liability, apply in full to SalonBird's liability under this data processing agreement.

8.1 - If SalonBird becomes aware of a personal data breach (as defined in the GDPR; hereinafter: "data breach"), it will (i) inform the Customer without undue delay and provide information about the nature of the breach and, where possible, the number of data subjects involved and the expected consequences of the data breach, (ii) take all reasonable measures to address the data breach, including limiting any adverse consequences and preventing similar data breaches in the future, and (iii) inform the Customer of those measures.

8.2 - SalonBird will assist and help the Customer in fulfilling their statutory obligations regarding the observed data breach.

8.3 - SalonBird will help the Customer comply with the obligation to report data breaches to the Dutch Data Protection Authority and, where applicable, the data subjects as referred to in articles 33 and 34 of the GDPR.

8.4 - SalonBird is not liable for the incorrect or late fulfilment of the Customer's obligation to report as referred to in articles 33 and 34 of the GDPR.

9.1 - To the extent reasonably possible, SalonBird will assist the Customer in fulfilling their obligation under the GDPR to comply with requests from data subjects who wish to exercise their rights, in particular the right of access (article 15 GDPR), the right to rectification (article 16 GDPR), the right to erasure (article 17 GDPR), the right to restriction of processing (article 18 GDPR), the right to data portability (article 20 GDPR) and the right to object (articles 21 and 22 GDPR). SalonBird forwards complaints or requests from data subjects about the processing to the Customer as soon as possible, who is then responsible for handling them. SalonBird is entitled to charge the Customer for its cooperation.

9.2 - To the extent reasonably possible, SalonBird will assist the Customer in fulfilling their obligation under the GDPR to carry out a data protection impact assessment (articles 35 and 36 GDPR). In that case, the Parties make further (written) arrangements with each other.

9.3 - SalonBird makes all reasonably necessary information available to the Customer to demonstrate that SalonBird fulfils its obligations under the GDPR.

9.4 - At most once per calendar year SalonBird allows the Customer - with SalonBird's consent and for a reasonable period - to verify compliance with the data processing agreement, in particular the security measures taken by SalonBird. Such an audit is always at the Customer's expense and is carried out in such a way that it has as little impact as possible on SalonBird's normal business operations. SalonBird is entitled to charge the Customer.

9.5 - The audit referred to in article 9.4 only takes place after the Customer has requested and reviewed similar audit reports available at SalonBird and provides reasonable arguments justifying the initiation of an audit by the Customer.

10.1 - This data processing agreement remains in force as long as SalonBird processes personal data on behalf of the Customer. After termination of this data processing agreement, SalonBird will, at the Customer's request, erase all personal data or return it to the Customer, and delete existing copies, unless SalonBird is required by law to continue to retain (part of) the personal data.

10.2 - Obligations arising from this data processing agreement that are clearly intended to remain in force after termination will also remain in force after termination.

Types of personal data

• Name and address details
• Contact details (email address, phone number)
• Financial data (billing information, payment history)
• Calendar items and appointment data
• Customer notes and treatment history
• Messages and communication
• Photos (if uploaded by the Customer)
• Technical data (IP address, browser type - anonymised)

Categories of data subjects

• End Customers (customers of the salon)
• Staff of the Customer

Purposes of processing

SalonBird grants the Customer access to SalonBird software and enables them to use it for their daily business activities, including calendar management, customer management, treatments, booking processing, point-of-sale, online payments and business operations.

Changes to personal data are only made in consultation between SalonBird and the Customer.

• SalonBird staff only have access to customer data if the Customer has explicitly granted permission for this in the system
• Regular internal audits and code reviews
• Encrypted SSL/TLS connection for all data transfer
• Passwords are stored in encrypted (hashed) form
• The Customer can prevent unwanted access through, among other things, automatic logout on inactivity and role-based access control
• Extensive technical measures to secure access to SalonBird servers
• Various measures against SQL injection, cookie and session hijacking and cross-site scripting (XSS)
• Automatic security updates for application code and infrastructure software
• All data is stored in encrypted form
• Application and infrastructure are set up according to the zero-trust principle
• Firewall at infrastructure level
• Data storage within the European Union
• Automatic daily backups with encrypted storage

• Hetzner Online GmbH: VPS hosting of the application, database and backups (data centre in Germany, EU)
• Cloudflare, Inc.: DNS, CDN, SSL/TLS certificates and DDoS protection
• Stripe Payments Europe, Limited: processing of online payments (SalonBird Pay)

Email delivery (booking confirmations, reminders and other transactional messages) is handled via our own self-hosted mail server (Mailcow) on EU infrastructure. No external email provider acts as a sub-processor.

This list may be updated from time to time. Changes are communicated to the Customer in line with article 6 of the data processing agreement.