Resvera Business Partner Terms of Service

These Business Partner Terms of Service ("Terms") govern access to and use of the Resvera platform by businesses, including salons, barbershops, beauty professionals, and other service providers ("Business Partners").

The Platform is operated by The Binary Gardener Ltd, trading as Resvera ("Resvera", "we", "us", or "our").

By creating a business account, subscribing to the Services, or otherwise using the Platform as a Business Partner, you agree to be bound by these Terms.

1. About the Services

Resvera provides software that enables Business Partners to manage appointments, staff, customers, communications, and related business operations.

Payment processing services are provided separately by third-party payment providers, including Stripe, and are not part of the Services provided by Resvera.

Resvera is a software provider only and does not provide, perform, supervise, or guarantee any services offered by Business Partners to their customers.

Business Partners remain solely responsible for all services provided to customers.

2. Consumer Features

Business Partners may use the same Resvera account to access consumer-facing features of the Platform.

When using consumer-facing features, including booking services from other businesses through the Platform, Business Partners are subject to the Resvera Consumer Terms of Service in respect of such use.

These Terms govern the Business Partner's use of the Platform for business purposes and shall prevail to the extent of any conflict relating to business use of the Platform.

3. Eligibility and Authority

By accepting these Terms, you represent and warrant that:

• You are at least eighteen (18) years old;
• You have authority to bind the business on whose behalf you are acting;
• The information provided to Resvera is accurate and complete; and
• You will comply with all applicable laws and regulations.

4. Business Account

You are responsible for:

• Maintaining the security of your account credentials;
• Ensuring that authorised personnel use the Platform appropriately;
• Keeping business information accurate and up to date; and
• All activity occurring under your account.

You must promptly notify Resvera of any unauthorised access to your account.

5. Subscription Services

Access to certain business features requires an active paid subscription.

Subscription fees are based on the pricing plan selected by the Business Partner and the number of staff members managed through the Platform.

Subscription fees are billed in advance on a recurring basis.

Subscription pricing is displayed on the Platform or during the subscription purchase process.

All fees are exclusive of VAT unless otherwise stated.

6. Subscription Changes

Business Partners may manage their subscriptions through the Stripe-hosted customer portal provided by Resvera.

Upgrades

Subscription upgrades take effect immediately following successful payment of any applicable charges.

Where applicable, charges may be prorated for the remainder of the current billing period.

Downgrades

Subscription downgrades take effect at the start of the next billing period.

No refunds or credits will be provided for unused portions of the current billing period.

Cancellation

Business Partners may cancel their subscription at any time.

Cancellation takes effect at the end of the current billing period.

The Business Partner will continue to have access to subscribed features until the end of the current billing period.

7. Subscription Fee Changes

Resvera may change subscription fees from time to time.

Where a change affects an existing subscription, Resvera will provide reasonable advance notice before the new fees take effect.

Continued use of the Services after the effective date of a fee change constitutes acceptance of the revised fees.

If the Business Partner does not agree to the revised fees, the Business Partner may cancel the subscription before the new fees take effect.

8. Payments and Stripe Connect

The Platform may integrate with Stripe Connect and other payment providers.

Business Partners acknowledge and agree that:

• Customer payments are processed by third-party payment providers;
• Funds from customer bookings are paid directly to the Business Partner's designated payment account;
• Resvera does not receive, hold, or control customer funds intended for the Business Partner; and
• Continued use of payment features may require compliance with the terms of applicable payment providers.

Business Partners are responsible for maintaining valid payment provider accounts and complying with applicable payment provider requirements.

9. Merchant of Record Responsibilities

The Business Partner is the merchant of record for all services provided to customers.

The Business Partner is solely responsible for:

• Providing booked services;
• Determining service pricing;
• Managing customer cancellations and refunds;
• Customer complaints and disputes;
• Taxes arising from services provided to customers; and
• Compliance with applicable consumer protection laws and regulations.

Resvera is not a party to any agreement between a Business Partner and its customers regarding the provision of services.

10. Customer Communications

The Platform may enable Business Partners to communicate with customers through supported channels, including push notifications and in-app messages.

Such communications may include appointment-related notifications, promotional messages, and other customer communications.

Business Partners are responsible for ensuring that communications sent through the Platform comply with applicable laws, including privacy and marketing regulations.

Business Partners must not use the Platform to send unlawful, misleading, fraudulent, abusive, or unsolicited communications.

11. Business Data

Business Partners retain ownership of their business data, customer records, appointment information, and other content submitted through the Platform.

Business Partners grant Resvera a non-exclusive licence to process such information solely for the purpose of providing, maintaining, securing, and improving the Services.

12. Acceptable Use

Business Partners must not:

• Use the Platform unlawfully;
• Attempt to gain unauthorised access to systems or data;
• Upload malicious code or harmful software;
• Interfere with the operation of the Platform;
• Use the Platform to facilitate unlawful activities;
• Misrepresent their identity or business; or
• Circumvent subscription fees or platform restrictions.

13. Intellectual Property

All intellectual property rights in the Platform remain the property of Resvera or its licensors.

These Terms do not transfer ownership of any intellectual property rights to the Business Partner.

Subject to these Terms, Resvera grants the Business Partner a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform during an active subscription period.

14. Availability of the Services

Resvera will use reasonable efforts to provide reliable access to the Platform.

However, Resvera does not guarantee uninterrupted or error-free operation.

The Platform may be unavailable from time to time due to:

• Maintenance;
• Software updates;
• Technical issues; or
• Events beyond Resvera's reasonable control.

15. Suspension and Termination

Resvera may suspend or terminate access to the Platform if:

• The Business Partner breaches these Terms;
• Subscription fees remain unpaid;
• Fraudulent or unlawful activity is suspected;
• Required by law; or
• Continued access presents security or operational risks.

16. Data Protection and Processing

Roles of the Parties

For personal data processed through the Platform relating to customers, appointments, and business operations:

• The Business Partner acts as the Data Controller; and
• Resvera acts as the Data Processor.

Processing Instructions

Resvera will process personal data only:

• To provide the Services;
• In accordance with these Terms and documented instructions from the Business Partner; or
• As required by applicable law.

Categories of Personal Data

Personal data processed through the Platform may include:

• Customer names;
• Email addresses;
• Telephone numbers;
• Appointment details;
• Communication preferences; and
• Other information submitted through the Platform.

Security

Resvera will implement reasonable technical and organisational measures designed to protect personal data against unauthorised access, disclosure, alteration, loss, or destruction.

Subprocessors

Business Partners acknowledge that Resvera may engage third-party service providers to support delivery of the Services, including cloud hosting, authentication, payment processing, communications, analytics, and infrastructure providers.

Data Subject Requests

Resvera will provide reasonable assistance to enable Business Partners to respond to data subject requests where required under applicable data protection laws.

Data Retention and Deletion

Upon termination of the Services, personal data will be retained, deleted, or anonymised in accordance with Resvera's retention policies and applicable legal obligations.

17. Disclaimer

The Platform is provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, Resvera disclaims all warranties, representations, and guarantees not expressly stated in these Terms.

18. Limitation of Liability

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation; or
• Any liability that cannot legally be excluded or limited.

Subject to the above, Resvera shall not be liable for:

• Indirect or consequential losses;
• Loss of profits;
• Loss of revenue;
• Loss of business opportunity;
• Loss of goodwill;
• Loss of anticipated savings; or
• Claims arising from services provided by the Business Partner.

To the maximum extent permitted by law, Resvera's total liability arising out of or relating to these Terms shall not exceed the total subscription fees paid by the Business Partner to Resvera during the twelve (12) months preceding the event giving rise to the claim.

19. Changes to These Terms

Resvera may update these Terms from time to time.

Where changes are material, Resvera will provide reasonable notice.

Continued use of the Platform following the effective date of updated Terms constitutes acceptance of the revised Terms.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

21. Dispute Resolution

The parties shall attempt to resolve disputes in good faith before commencing legal proceedings.

22. Contact Information

Resvera
The Binary Gardener Ltd
Email: support@resvera.app
Website: resvera.app