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PhorestTips Terms and Conditions - Salons

Pattern Pattern

Last Updated: May 15, 2025

PLEASE REVIEW THESE PHORESTTIPS TERMS AND CONDITIONS – SALONS (THESE “PHORESTTIPS SALON TERMS” OR “TERMS”) CAREFULLY BEFORE BROWSING THE [PHOREST WEBSITE]. USING THE [PHOREST WEBSITE] AND/OR ANY PHOREST OFFERINGS INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. IF YOU ARE AGREEING TO THESE TERMS AS AN INDIVIDUAL, “YOU” REFERS TO YOU INDIVIDUALLY. IF YOU ARE AGREEING TO THESE TERMS AS A REPRESENTATIVE OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY AND “YOU” REFERS TO THAT ENTITY. YOU CANNOT USE THE EDGE IMPULSE OFFERINGS IF YOU DO NOT ACCEPT THESE TERMS.

1. Introduction. 

  • 1.1 PhorestTips is a cloud-based software-as-a-platform service (PhorestTips), which is operated by NDEVOR SYSTEMS LIMITED (reg. no. 369210) having its registered address at 9 Anglesea Row, Dublin 7, Ireland (trading as PHOREST under registered business name no. 241895) (Phorest, we/our, us) to enable stylists, colourists, beauticians, barbers, therapists, technicians, clinicians and other hair and beauty professionals who are employees (Salon Employees, Users) of participating salons, barber shops, spas, medi-aesthetic clinics or other businesses (Salons or you) to collect gratuities or tips (Tips) directly from Salon end customers (End Customers).  
  • 1.2 To use PhorestTips, (a) Salon must have an active Phorest subscription and an active PhorestPay Account (as defined below), and an operating PhorestPay card terminal; and (b) each of the participating Salon Employees must download the current version of the PhorestGo 2.0 mobile application (PhorestGo) and fully register a PhorestTips Account (Account) to use the PhorestTips service. 
  • 1.3 These Terms govern your use of PhorestTips where you are acting as a Salon. The Phorest Terms and Conditions (Phorest Platform Terms) that apply to and govern your access and use of the products and/or services we provide through PhorestTips, which are incorporated into the PhorestTips Salon Terms by this reference. Where there is a conflict between the terms of these PhorestTips Salon Terms and the terms of the Phorest Platform Terms, the terms of the Phorest Platform Terms will govern. 
  • 1.4 Your Salon Employees who avail of PhorestTips do so at their sole discretion and will independently be subject to the PhorestTips Terms for Salon Employees in their use of PhorestTips and will separately become customers of Phorest. You acknowledge that you shall not exercise any influence, nor have any control, over the distribution of Tips to Salon Employees.
  • 1.5 These PhorestTips Terms should be read in conjunction with the Phorest Platform Terms, the Phorest Platform Privacy Policy and Cookie Policy, which together comprise the sole and entire agreement between us with respect to your purchase and/or access to and use of PhorestTips (the Agreement).
  • 1.6 PhorestTips Accounts are provided in partnership with Stripe, as our third-party payments processing services provider (Stripe). When you use PhorestTips, you are also agreeing to, and will have a direct contractual relationship with, Stripe pursuant to Stripe’s terms of service (Stripe Terms). Please read these terms and the Stripe Terms carefully as your continued use of Stripe (and PhorestTips) will be subject to your acceptance of the Stripe Terms. Phorest may replace its payment processing services provider at any time without notifying you. You acknowledge that Phorest takes no part in and bears no responsibility or liability for any portion of the transaction between you and Stripe or any End Customers other than facilitating Tips through PhorestTips.
  • 1.7 Phorest reserves the right to update, replace or otherwise modify these PhorestTips Salon Terms and PhorestTips at any time without liability to you. 
  • 1.8 PHOREST MAKES NO GUARANTEES, WARRANTIES, OR REPRESENTATIONS THAT PHORESTTIPS WILL BE AVAILABLE AT ALL TIMES OR WITHOUT INTERRUPTION, OR BE ERROR FREE, THAT ERRORS WILL BE CORRECTED, OR ARE FREE OF VIRUSES, MALICIOUS CODE, MALWARE, OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 
  • 1.9 PhorestTips may contain features designed to interoperate, including via Phorest’s application programming interface (API), with non- Phorest applications.  Phorest cannot guarantee the continued availability of such features and may cease providing them without entitling you to any refund or other compensation, if for example, the provider of a non- Phorest application ceases to make the non- Phorest application available for interoperation with PhorestTips.  Phorest is not responsible for the use or protection of your data in any non- Phorest application.
  • 1.10 Where Phorest receives notification of modifications to the Stripe Terms, Phorest will make reasonable endeavours to notify you of such modifications.

2. PhorestTips Account Set Up.

  • 2.1 To enable your participating Salon Employees to use PhorestTips, you will facilitate the setting up of an account with us (each a PhorestTips Account) in the manner described below: 
  • (a) Salon will communicate with its Salon Employees informing them of PhorestTips and PhorestGo; and
  • (b) Salon will ensure each Salon Employee’s staff profile page in PhorestGo, is up-to-date (including name, email address, and mobile phone number), and Phorest will then initiate the enrolment of pre-registered accounts for Users (Pre-Registered Accounts) and will direct Users to Stripe to complete the PhorestTips Account registration process. 
  • 2.2 Once the PhorestTips Account registration process has been completed, a User will be a holder of a PhorestTips Account and will be a recipient of Stripe’s services as defined in and pursuant to the Stripe Terms.

3. Salon Obligations.

  • 3.1 As a participating Salon, you will:
  • (a) act in good faith;
  • (b) permit your PhorestPay card terminal to be used for executing PhorestTips payments to eligible Salon Employees;
  • (c) ensure that Salon Employees do not use the PhorestTips services in breach of this Agreement, the Stripe Terms, or for any other purpose, including for any purpose that is prohibited by any applicable law; 
  • (d) immediately inform Phorest if you become aware that any Salon Employee is engaging in any activity that is fraudulent, deceptive or harmful, or in breach of this Agreement or the Stripe Terms or that is prohibited by any applicable law;
  • (e) cooperate with Phorest to reduce the risk of fraud or other misuse of the PhorestTips services, including by providing relevant information to Phorest where requested; and
  • (f) promptly deal with any complaint or enquiry relating to PhorestTips which relate to the Salon’s responsibilities or inform Phorest of any complaint which is relevant to Phorest’s provision of PhorestTips.
  • 3.2 The following restrictions govern your use of PhorestTips and your PhorestTips Account. You shall not:
  • (a) reproduce, copy or sublicense the PhorestTips service;
  • (b) undertake to remove or modify any notices (including copyright and proprietary) contained within the PhorestTips service;
  • (c) deploy or employ PhorestTips in a manner to infringe the right, title, or interest, including any intellectual property rights, of Phorest or any third party;
  • (d) use PhorestTips contravening any applicable law or regulation or to violate the privacy or personal rights of any persons or in a manner that could be construed as or is defamatory, obscene, threatening, or abusive; 
  • (e) use PhorestTips to provide products, services and/or goods relating to the provision of services and/or goods other than those provided in the salon or spa industry; 
  • (f) make participation with PhorestTips compulsory or purport that the use of PhorestTips is compulsory for any Salon Employee; or
  • (g) exert any control over Tips or purport to do so.  
  • 3.3 You are responsible for all activity initiated by you, your representatives, and any individual or entity using your credentials, including your PhorestTips Account login and password and any of your dashboard or similar services or functions as may be provided by Stripe under the Stripe Terms. 
  • 3.4 You are solely responsible and liable for all activity on your Phorest Account, whether initiated by you or not, including without limitation all transactions, payment instructions, disputes, reversals, associated fines and any use of the PhorestTips services in a manner prohibited under this Agreement or the Stripe Terms, as applicable. You are liable to Phorest for amounts owed by the PhorestTips Account to Stripe, and Phorest may collect these amounts from you in accordance with these PhorestTips Salon Terms.      
  • 3.5 You are solely responsible and liable for any fees, deductions and representments which arise from any and all chargebacks filed by End Customers, including those for any PhorestTips payments. 
  • 3.6 Phorest reserves the right to exercise all rights and remedies available where Phorest’s intellectual property rights are infringed in connection with your use of the PhorestTips service.

4. Privacy.

  • 4.1 In relation to data processing, you must provide all notices and obtain all necessary rights and consents for Phorest to lawfully process personal data relating to PhorestTips. 
  • 4.2 Phorest may refuse to process account data as you instruct if Phorest reasonably believes complying with your instructions would require Phorest to violate applicable law, this Agreement or the Stripe Terms.

5. Indemnity.

  • 5.1 You will (a) defend or settle any and all claims, suits, disputes, controversies, actions, proceedings, or demands (each a Claim) made or brought against Phorest or its affiliates, officers, directors, employees and agents by a third party and (b) indemnify and hold harmless Phorest and the other persons noted above from and against any and all losses, damages, expenses, liabilities, and costs, including without limitation court costs and reasonable attorneys’ fees (collectively, Damages) arising out of or relating to (i) any breach by you or Salon Employees of the Agreement, (ii) the access to and/or use of PhorestTips, including any unauthorized activity resulting therefrom, by you or Salon Employees, (iii) any End Customer data or the use of a End Customer’s data, (iv) violation of any applicable law or the rights of any third party by you or any Salon Employee, and (v) third party applications built by you or on your behalf that interoperate with PhorestTips. 
  • 5.2 Phorest has no obligation to defend, indemnify or hold harmless you or any other person or entity.  With regard to any such Claim for which indemnity may be sought hereunder, Phorest and you agree that Phorest shall, at its sole and absolute discretion, either (i) elect to control the defense of any such Claim or (ii) direct you to control such defense, in which case you shall retain counsel reasonably satisfactory to Phorest. Phorest shall notify you of its election within thirty (30) calendar days of the applicable indemnification notice. In the case where Phorest elects to control the defense of any such Claim, you shall pay, as incurred, the court costs, attorneys’ fees, and other Damages associated with such Claim.  In the case where Phorest directs you to control the defense of any such Claim, then (y) Phorest may, at its option and its own cost, participate and appear with you in the defense, settlement and compromise of any such Claim; and (z) you shall not settle or compromise any Claim without the prior written consent of Phorest. 

6. Term and Termination. 

  • 6.1 You may cease using PhorestTips by disabling the PhorestTips setting in the relevant Salon Employee staff page(s) on the Platform, provided that: 
  • (a) it is your obligation to inform the participating Salon Employee(s) that you are discontinuing use of PhorestTips; and
  • (b) any refunds, chargebacks or other disputes brought by an End Customer for a payment, including a Tip, remain your sole responsibility and liability.  If requested by you in writing, we will continue to provide access to you to PhorestTips for up to one hundred and eighty (180) days after the effective date of your termination of your PhorestPay service and this Agreement, as notified by you to us in writing
  • 6.2 Phorest may terminate these PhorestTips Terms by notifying you (including by email):
  • (a) immediately if you breach these PhorestTips Salon Terms; or
  • (b) for any other reason, in which case we shall endeavour to give you at least thirty (30) days’ notice.
  • 6.3 These Phorest Tips Salon Terms commence on the date you accept these PhorestTips Salon Terms and shall terminate when:
  • (a) any notice of termination is served on you by Phorest pursuant to clause 6.2; or
  • (b) you de-register your PhorestTips account in accordance with, and subject to, clause 6.1. 

7. Disclaimer of Warranties.

  • 7.1 YOU AGREE THAT YOU RECEIVE THE PHORESTTIPS SERVICE ON AN “AS-IS” OR “AS AVAILABLE” BASIS.
  • 7.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOREST EXPLICITLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL OR WRITTEN, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WITH REGARDS TO PHORESTTIPS AND ANY CONTENT MADE AVAILABLE THROUGH YOUR USE OF PHORESTTIPS (INCLUDING ANY SHARED THIRD-PARTY MATERIALS), AND ANY PRODUCTS, SERVICES, DOCUMENTATION, DATA, CONTENT, OUTPUT OTHER TANGIBLE OR INTANGIBLE MATERIALS PROVIDED UNDER THE AGREEMENT, WHETHER SUCH REPRESENTATIONS OR WARRANTIES ARISE BY THE OPERATION OF LAW OR OTHERWISE. YOU ACKNOWLEDGE THAT NO METHOD OF TRANSMITTING INFORMATION OVER THE INTERNET OR STORING INFORMATION IS COMPLETELY SECURE. ACCORDINGLY, PHOREST CANNOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION. PHOREST SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS, USE, CORRUPTION OR LOSS OF ANY OF YOUR DATA.

8. Governing Law.

The Agreement, and any claim, dispute, action, cause of action, issue, or request for relief (collectively “Claims”) arising out of or relating to the Agreement or your use of PhorestTips shall be governed by and construed, interpreted and resolved in accordance with the substantive laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction; provided, however, that any procedural or substantive Claim conflicting with or falling under the exclusive jurisdiction of United States federal law shall be governed by, and construed, interpreted and resolved in accordance with United States federal law without regard to its choice of law provisions. All Claims shall be submitted exclusively to the federal and state courts of competent jurisdiction located in New York, New York, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and venue and waive any objection they may now or hereafter have with respect thereto.

9. MOBILE APPS.

  • 9.1 Mobile Device and Upgrades. Phorest makes available certain software that may be downloaded to a smartphone or tablet (“Mobile Apps”) to access PhorestTips via a mobile device.  To use the Mobile Apps, Salon must have a mobile device that is compatible with the mobile service. Phorest does not warrant that the Mobile Apps will be compatible with Salon’s mobile device.  Salon’s license rights with respect to the Mobile Apps are as set forth in these Terms. Salon acknowledges that Phorest may from time to time issue upgraded versions of the Mobile App and may automatically electronically upgrade the version of the Mobile App that Salon is using on mobile devices. Salon consents to such automatic upgrading on Salon’s mobile devices and agrees that these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of a Mobile App or any copy thereof, and Phorest and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile App (and any copy of the Mobile App).  Standard carrier data charges may apply to your use of the Mobile App.
  • 9.2 Access to Mobile Apps. Salon acknowledges and agrees that use of certain Mobile Apps requires access granted by Salon who has accepted these Terms, and as such is entitled to invite Users to register for the Mobile App.  Salon understands that Users are only able to use the Mobile App after completing registration for the Mobile App by creating login credentials for signing into and using the Mobile App.  
  • 9.3 iOS Apps. The following service specific terms and conditions apply with respect to any Mobile App that Phorest provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): (i) Salon acknowledges that these Terms are between Salon and Phorest only, and not with Apple, Inc. (“Apple”); (ii) Salon’s use of Phorest’s iOS App must comply with Apple’s then-current App Store Terms of Service; (iii) Phorest, and not Apple, is solely responsible for Phorest’s iOS App and PhorestTips and content available thereon. Salon acknowledges that Apple has no obligation to provide maintenance and support services with respect to Phorest’s iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Phorest’s iOS App, (iv) Salon agrees that Phorest, and not Apple, is responsible for addressing any claims by Salon or any third-party relating to Phorest’s iOS App or Salon’s possession and/or use of Phorest’s iOS App, including: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Phorest as provider of the iOS App; (v) Salon agrees that Phorest, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Phorest’s iOS App or your possession and use of Phorest’s iOS App; (vi) Salon represents and warrants that (a) Salon is 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 (b) Salon is not listed on any U.S. Government list of prohibited or restricted parties; (vii) Salon agrees to comply with all applicable third-party terms of agreement when using Phorest’s iOS App (e.g., Salon must not be in violation of your wireless data service terms of agreement when using the iOS App); (viii) Salon and Phorest agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Salon’s license of Phorest’s iOS App.  Upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against Salon as they relate to Salon’s license of the iOS App as a third-party beneficiary thereof.
  • 9.4 Android Apps. The following Service Specific Terms and conditions apply with respect to any Mobile App that Phorest provides to Salon designed for use on an Android-powered mobile device (an “Android App”): (i) Salon acknowledges that these Terms are between Salon and Phorest only, and not with Google, Inc. (“Google”); (ii) Salon’s use of Phorest’s Android App must comply with Google’s then-current Android Market Terms of Service; (iii) Google is only a provider of the Android Market where you obtained the Android App.  Phorest, and not Google, is solely responsible for Phorest’s Android App and PhorestTips and content available thereon. Google has no obligation or liability to Salon with respect to Phorest’s Android App or these Terms; (iv) Salon acknowledges and agrees that Google is a third-party beneficiary to the Terms as they relate to Phorest’s Android App.

10. OWNERSHIP AND INTELLECTUAL PROPERTY; ACCESS TO PHORESTTIPS. 

  • 10.1 Subject to the limited rights expressly granted hereunder, Phorest reserves all of its rights, title and interest in and to PhorestTips, including all related intellectual property rights therein.  No rights are granted to Salon hereunder other than as expressly set forth herein.  Ownership in all updates, modifications, new functionalities, enhancements, and customization related to PhorestTips created by or on behalf of Phorest, as well as any suggestion, enhancement request, recommendation, correction or other feedback provided by Salon, will immediately vest in Phorest upon creation or communication to Phorest, as applicable. 
  • 10.2 Subject to this Agreement, Phorest hereby grants Salon a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use PhorestTips during the term of the Agreement in accordance with the applicable documentation for PhorestTips only for Salon’s internal business operations and for no other purpose, in each case subject to the terms and conditions of the Agreement.  This license may be utilized by Salon in accordance with the terms of the Agreement.
  • 10.3 If PhorestTips include and make use of functionality and services provided by third parties that allow Phorest to include maps, geocoding, places and other content from Google as part of PhorestTips (“Geo-Location Services”), Salon’s use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, Salon is agreeing to be bound by Google’s Terms of Use.  Geo-Location Services are used at Salon’s own risk and location data may not be accurate.
  • 10.4 Salon may choose to, or Phorest may invite Salon to, submit comments, suggestions, feedback, feature requests, recommendations, or ideas about or for PhorestTips, including any relating to the performance, features, functions and availability of PhorestTips or how to improve any of PhorestTips (collectively “Ideas”).  By submitting any Ideas, Salon agrees that its submissions are non-confidential, voluntary, gratuitous, unsolicited and may be freely and fully used and exploited without restriction and will not place Phorest under any fiduciary or other obligation.  Phorest may use, copy, modify, disclose, publish, redistribute and otherwise exploit the Ideas for any purpose and in any way without payment of royalties or any other compensation to you. Phorest is not obligated to hold, keep confidential, use, display, reproduce, implement, or distribute, or otherwise act upon any Ideas.  Nothing herein shall be interpreted as imposing an obligation on Salon to provide Ideas to Phorest or for Phorest to use any Ideas.

11. GENERAL PROVISIONS.

  • 11.1 Assignment.  Salon may not assign to any other party this Agreement or any of its rights or obligations hereunder without Phorest’s prior written consent, not to be unreasonably withheld.  Phorest may assign to any other party this Agreement or any of its rights or obligations hereunder, in whole or in part, without Salon’s prior consent.  Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.  Assignment will not relieve Salon of its obligation to pay fees incurred before the assignment.  Any attempted assignment in violation of this paragraph is void.
  • 11.2 Force Majeure.  Phorest shall not be in breach of this Agreement or responsible for damages caused by delay or failure to perform, in full or in part, its obligations hereunder, if such delay or failure to perform is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance reasonably beyond the control of the party to be charged.  
  • 11.3 Relationship of the Parties.  The parties are independent contractors.  This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 
  • 11.4 Third-Party Beneficiaries.  There are no third-party beneficiaries under this Agreement.
  • 11.5 Waiver.  Any failure by Phorest to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.  A waiver is not valid or binding on us unless made in writing.
  • 11.6 Titles and Headings; Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect.  For the purpose of the construction and interpretation of this Agreement, the word “including” (and variations thereof such as “include” and “includes”) and “such as” will not be deemed to be terms of limitation, but rather to be followed by the words “without limitation.”
  • 11.7 Severability.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
  • 11.8 Export Control.  Each party shall comply with all applicable export laws and regulations of the United States and other jurisdictions.  Phorest and Salon each represents that it is not on any U.S. government denied-party list.  Salon shall not, and shall ensure that Users do not, access PhorestTips in a U.S.-embargoed country or region, or in violation of any U.S. export law or regulation. 
  • 11.9 Anti-Corruption.  Neither party has received or been offered any bribe, kickback, payment, gift, or other similar payment or transfer of value from an employee or agent of the other Party in connection with this Agreement.  Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.
  • 11.10 Subcontracting. Phorest may subcontract obligations under the Agreement. Without limitation, Phorest may involve subcontractors to provide you PhorestTips, including hosting, data center, database and security service providers.