Last updated May 16, 2020
Foxi is licensed to You (End-User) by Slapbox Beauty LLC, located at 12 Ventura St., Half Moon Bay, California 94019, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Slapbox Beauty LLC, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Slapbox Beauty LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Foxi (hereinafter: Application) is a piece of software created to Provide on-demand/gig beauty services - and customized for Apple mobile devices. It is used to Provide Beauty Services.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Slapbox Beauty LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Slapbox Beauty LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Slapbox Beauty LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
5.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
5.3 Licensor takes no accountability and responsibility in case of Client Accounts In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to Foxi certain personal information, such as your name, address, mobile phone number, ID number, and age, as well as at least one valid payment method supported by Foxi. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Foxi in writing, you may only possess one Account.
5.4 Licensor takes no accountability and responsibility in case of User Provided Content. Foxi may, in Foxi sole discretion, permit you to submit, upload, publish or otherwise make available through Foxi through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Foxi, you grant Foxi a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Foxi’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Foxi the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Foxi use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Foxi in its sole discretion, whether or not such material may be protected by law. Foxi may, but shall not be obligated to, review, monitor, or remove User Content, at Foxi’s sole discretion and at any time and for any reason, without notice to you.. Client Accounts In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration requires you to submit to Foxi certain personal information, such as your name, address, mobile phone number, ID number, and age, as well as at least one valid payment method supported by Foxi. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Foxi in writing, you may only possess one Account.
6.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
6.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Slapbox Beauty LLC's sphere of influence that affect the executability of the Application.
6.3 You are required to inspect the Application immediately after installing it and notify Slapbox Beauty LLC about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.
6.4 If we confirm that the Application is defective, Slapbox Beauty LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
6.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
6.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
Slapbox Beauty LLC and the End-User acknowledge that Slapbox Beauty LLC, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
12 Ventura St.
Half Moon Bay, CA 94019
The license is valid until terminated by Slapbox Beauty LLC or by You. Your rights under this license will terminate automatically and without notice from Slapbox Beauty LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
Slapbox Beauty LLC represents and warrants that Slapbox Beauty LLC will comply with applicable third-party terms of agreement when using licensed Application. In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
Slapbox Beauty LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Slapbox Beauty LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
14.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
14.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
14.3 Interactions with Other Users Users (whether clients or service providers) are solely responsible for their interactions with each other (including, in the case of clients, Interactions with service providers, and In the case of service providers, Interactions with clients), and any other parties with whom such user interacts; provided, however, that FOXI reserves the right, but has no obligation, to intercede in disputes. You agree that FOXI will not be responsible for any liability incurred as the result of such interactions including without limitation any result of receiving or not receiving any in-home beauty services through or in connection with the Services.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS TO RESOLVE MOST DISPUTES BETWEEN US. PLEASE NOTE THAT THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTION OF SERVICE PROVIDERS AND CLIENTS FOR THE PURPOSES OF ARRANGING IN-HOME BEAUTY SERVICES WITH EACH OTHER THROUGH THE SERVICES, BUT YOU AGREE THAT FOXI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY APPOINTMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. FOXI CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) OR THE CONDITION, LEGALITY, SAFETY, OR SUITABILITY OF ANY APPOINTMENTS OR ACCOMMODATIONS. FOXI IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL APPOINTMENTS AND ACCOMMODATIONS. ACCORDINGLY, ANY APPOINTMENTS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK, AND, AMONG OTHER THINGS, CLIENTS MUST SATISFY THEMSELVES WITH ANY SERVICE PROVIDER AND THEIR SERVICE PROVIDER’S CREDENTIALS, AND SERVICE PROVIDERS MUST SATISFY THEMSELVES WITH CLIENTS AND THE CLIENTS’S ACCOMMODATIONS. USERS SHOULD NOT COMPLETE, AND SHOULD IMMEDIATELY CANCEL, APPOINTMENTS IF THEY FEEL UNSAFE OR UNCOMFORTABLE WITH ANY CONDITIONS RELATING TO THE APPOINTMENT IN ANY WAY. YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO OBTAIN IN-HOME BEAUTY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH FOXI AS A PROVIDER OF BEAUTY SERVICES.
Booking Service Providers. You must provide us with a valid credit card (issued by Visa, MasterCard, or any other issuer accepted by our payment provider) (“Payment Provider”) as a condition to making an appointment with a service provider, including free promotional hair, nail and makeup services FOXI may arrange from time to time as part of the Services. Cancellation of Appointments. You may cancel any appointment in accordance with our cancellation policy set forth at www.foxi.love . We reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service. If the service provider cancels an appointment for any reason, you will receive a refund, unless Foxi is able to book another service provider acceptable to you during the time scheduled for your appointment. If service providers cancel or terminate a paid appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees pre-paid for such an appointment.
Supplemental COVID-19 Cancellation Policy . In addition to the cancellation rights set forth in the FOXI cancellation policy set forth at www.foxi.love , you are must cancel an appointment through the Services if you have a cough, fever or other symptoms of COVID-19, if you have tested positive or COVID-19, or if you generally feel unwell and may do so at any time until the start time of the appointment without any penalty. FOXI reserves the right to revise or update this supplemental cancellation policy at any time, including to cover other pandemics or illnesses.
Both clients and service providers should also be aware that the other party to an appointment is required to cancel the appointment in accordance with this Supplemental COVID-19 Cancellation Policy and may do so at any time. FOXI cannot guarantee replacements for such cancellations and does not take any responsibility or liability for, or in connection with, any cancelled appointments or any results thereof.
If FOXI discovers that you, whether a client or a service provider, has abused this supplemental cancellation policy, FOXI has the right to, immediately, without notice, and in its sole discretion, suspend or terminate your Account.
Payment Process. If you order an in-home beauty service or any Product, you agree to pay the then-current applicable service fee listed in the Services or the website of our third party booking agent (“Booking Agent”) as linked to from the Site or Application. We, or our booking agent, will automatically bill your credit card submitted in booking an appointment on the date the appointment is booked or product ordered, and each time you book an appointment or order a product thereafter. Unless otherwise expressly set forth in this Agreement, all payments to the service providers are non-refundable, except in the event the service provider, or we cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.
General Payment Terms. By providing us with your credit card number and associated payment information, you agree that FOXI is authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify FOXI of any change in your billing address or the credit card used for payment hereunder. We may change the pricing for in-home beauty appointments or Products (from time to time in our sole discretion, and subject only to the right of service providers to review and accept said pricing changes) by updating the price list included on the Site and Application and without any additional notice to you, provided that any changes will not affect any items or services purchased prior to the notice. Referral Credits. We offer credits for referring new users. To qualify for a referral credit, you must refer a new bona fide user who establishes a FOXI account and reserves and books an appointment with a service provider within ninety (90) days of signing up for an account. Please note that referral credits are issued only for referrals of brand new users to FOXI. Credits are not available for referring previous users of FOXI Services. You may earn only one referral bonus per new user referred and you cannot earn a referral credit by referring yourself. We reserve the right to revoke or cancel credits at any time.
Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official FOXI communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use.
Reservation of Rights. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Services.