Terms of Use

Please read these Terms of Use ("Terms") carefully. These Terms are a legally binding contract between you (the "Merchant Partner," "you," "your") and Ara Capitals (Pvt) Ltd, the operator of the Beautiport platform, ("Beautiport," "we," "us," or "our") regarding your use of the "Beautiport Partner App" (the "App").

1. License Grant

Subject to your compliance with these Terms and the Merchant Partner Agreement, Beautiport grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use one (1) copy of the App on a device that you own or control, solely for your internal business purposes to:

• Manage your public-facing Merchant Partner profile, including your Services, Products, pricing, and availability for the Beautiport marketplace;
• Receive and manage "Platform Transactions" (as defined in the Merchant Partner Agreement); and
• Utilize the App's business management features to add, schedule, and manage your "Partner-Entered Transactions" (e.g., your own walk-in or phone-call bookings).

2. License Restrictions

The license granted in Section 1 is subject to the following restrictions. You agree that you will not, under any circumstances:

• Copy, modify, or create derivative works of the App;
• Sell, rent, lease, distribute, sublicense, or otherwise transfer the App to any third party;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
• Use the App for any illegal, fraudulent, or unauthorized purpose, or in any way that violates the Merchant Partner Agreement (including the Platform Integrity rules);
• Use the App to build a competitive product or service;
• Remove or alter any copyright, trademark, or other proprietary notices on the App;
• Use the App to transmit viruses, malware, or other malicious code;
• Interfere with or disrupt the integrity or performance of the App or the Beautiport platform, or the data contained therein.

3. Account and Security

You are responsible for maintaining the confidentiality of your Merchant Partner account login credentials. You are solely responsible for all activities that occur under your account, whether or not authorized by you. You must immediately notify Beautiport of any unauthorized use of your account or any other breach of security.

4. Your Responsibilities for Data

The App permits you to enter, upload, and manage information related to your business, your staff, and your own customers (i.e., "Partner-Entered Transactions"). By using this App, you agree that you (as the "Data Controller") are solely responsible for all data you upload, enter, or provide.

You represent and warrant that you have obtained all necessary legal rights, permissions, and consents from your staff and your customers to:

• Upload their personal information (including names, genders, phone numbers, and profile pictures) into the App; and
• Permit Beautiport (as your "Data Processor") to process this data on your behalf, for the purposes of managing bookings, sending transactional SMS alerts, and as further described in the Privacy Policy.

5. Intellectual Property Rights

You acknowledge that all intellectual property rights in the App, the Beautiport platform, and all related trademarks, service marks, and logos belong to or are licensed to Ara Capitals (Pvt) Ltd. These Terms do not grant you any rights to our intellectual property, except for the limited license to use the App as described in Section 1.

Any feedback, comments, or suggestions you provide regarding the App ("Feedback") is entirely voluntary. We will be free to use such Feedback as we see fit and without any obligation to you.

6. App Availability and Maintenance

Beautiport will use reasonable efforts to make the App available and operational. However, we may, at our discretion, suspend or interrupt App access for maintenance, error correction, or other reasons. We are not liable for any downtime or unavailability of the App.

7. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAUTIPORT (ARA CAPITALS (PVT) LTD.) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, BUG-FREE, UNINTERRUPTED, OR SECURE, OR THAT IT WILL MEET YOUR BUSINESS REQUIREMENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEAUTIPORT (ARA CAPITALS (PVT) LTD.), ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO:

• LOSS OF PROFITS;
• LOSS OF REVENUE;
• LOSS OF BOOKINGS;
• LOSS OF DATA; OR
• BUSINESS INTERRUPTION ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE APP SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID BY YOU TO BEAUTIPORT IN THE THREE (3) MONTHS PRECEDING THE CLAIM (AS SET FORTH IN THE MERCHANT PARTNER AGREEMENT).

9. Termination

These Terms of Use are effective until terminated. Your rights under this license will terminate automatically if:

• You breach any of these Terms.
• Your Merchant Partner Agreement is terminated for any reason.

Upon termination, your license to use the App is immediately revoked, and you must cease all use of the App and delete it from your device(s).

10. Governing Law

This Agreement shall be governed by the laws of the Democratic Socialist Republic of Sri Lanka, consistent with the Merchant Partner Agreement.

11. Contact Us

If you have any questions about these Terms of Use, please contact us at partners@beautiport.com or write to us at Ara Capitals (Pvt) Ltd, No 57A/4,2/1, Galle Road, Colombo 04.