Terms of Service

Last updated: September 22, 2026

These Terms of Service ("Terms") govern your use of the Vivid Salons website, salon booking pages, and mobile application (together, the "Service"), operated by Vivid Spark Technology, a brand of VIVYLANDS LLC ("we," "us"). By using the Service, you agree to these Terms.

1. The Service

Vivid Salons provides digital tools for nail and beauty salons and their customers, including online appointment requests, digital check-in, and salon management features. Appointment requests submitted through a salon's booking page are requests only — the salon confirms, adjusts, or declines them directly.

2. Appointment Text Message (SMS) Program

Online appointment requests are confirmed and updated by text message, so submitting a request requires checking the SMS consent box on the booking form (it is never pre-checked). If you prefer not to receive texts, you can book by calling or visiting the salon directly. When you opt in:

What you'll receive: appointment-related messages from the salon you booked with, sent via Vivid Salons — such as booking confirmations, changes, cancellations, and reminders.
Message frequency: varies; typically 1–3 messages per appointment.
Cost: message and data rates may apply according to your mobile plan. We do not charge for texts.
Help: reply HELP to any message for assistance, or contact us via vividsparktech.com.
Opt out: reply STOP to any message to unsubscribe at any time. You will receive one final message confirming your opt-out.
Consent is not a condition of purchasing any service — it is required only for the online request flow, which relies on text updates; booking by phone or in person never requires it.
Carriers are not liable for delayed or undelivered messages.

How we handle your phone number is described in our Privacy Policy.

3. Eligibility & Your Account

You must be at least 13 years old to use the Service. If you create or manage a salon account, you must be at least 18 and authorised to accept these Terms on behalf of that business.

Keep your account details accurate, and keep your sign-in and any staff passcodes confidential. You are responsible for activity under your account. Tell us promptly at vividsalons.com/contact if you believe someone else has gained access to it.

4. Acceptable Use

You agree to provide accurate information when requesting appointments, to use the Service only for lawful purposes, and not to interfere with or disrupt it. You also agree not to:

upload or send anything unlawful, harassing, hateful, deceptive, sexually explicit, or infringing someone else's rights;
impersonate another person or salon, or misrepresent your connection to one;
collect or scrape other users' information, or attempt to access accounts, data, or areas of the Service that are not yours;
probe, reverse-engineer, decompile, or work around the security of the Service, or use it to build a competing product;
send marketing or automated messages through the Service other than as its features intend, or in breach of any law that applies to messaging.

We may review content submitted to the Service and may remove or restrict anything that breaks these Terms, but we are under no obligation to monitor it. Removing content does not make us responsible for content we did not remove.

5. Salon Relationships

Salons using Vivid Salons are independent businesses. Services, pricing, and availability shown on a salon's page are set by that salon, and your appointment is with the salon — not with Vivid Spark Technology.

We are not a salon, a nail technician, or a provider of beauty services, and we are not a party to the appointment. We do not employ, supervise, endorse, or vet the salons and technicians on the Service, and we are not responsible for the quality, safety, timing, pricing, or outcome of any service performed, for cancellations or no-shows, or for the conduct of any salon, technician, or customer. Money for services is taken by the salon; where a salon uses our checkout to take a card payment, it does so as the merchant of record for that sale.

A salon's customer records belong to that salon. We do not sell them, and we do not share one salon's customer list with another.

6. Your Content

You keep ownership of everything you upload — salon photos, logos, service descriptions, reviews, and anything else. By uploading it you grant Vivid Spark Technology a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt for formatting and size, publish, and display that content for the purpose of operating and promoting the Service, including on your salon's public booking page and website. The licence lasts as long as you keep the content on the Service, and for a reasonable period afterwards for backups already made.

You confirm that you have the rights to everything you upload, and that using it as described here does not break anyone else's rights — including photographs of customers or of another artist's work, for which you are responsible for obtaining permission.

7. Subscriptions & Billing (Salon Owners)

Salon owners may subscribe to a paid plan for their location. By subscribing you agree to the following billing terms:

Payment processing. Subscription payments are processed by Stripe. We never see or store full card numbers. Charges appear on card statements as VIVID* SALONS or VIVID SPARK TECH.
Billing cycle. Plans are billed per location, in USD, monthly or yearly in advance. Subscriptions renew automatically each period until cancelled.
Taxes. Prices listed do not include state or local sales tax. Applicable taxes will be added to your invoice where required by law.
Upgrades. Plan upgrades take effect immediately. You are charged only the prorated difference for the remainder of the current billing period, and the new plan price applies from the next renewal.
Downgrades and cancellation. Downgrades, billing-cycle changes, and cancelling a plan take effect at the end of the billing period already paid for. Until then your current plan remains fully active. We do not issue partial or prorated refunds when you change or cancel a plan and keep your salon on Vivid Salons. Closing your salon is covered separately below.
After cancellation. When a paid period ends after cancellation, the account moves to the Free plan. Salon data is retained and paid features can be restored by resubscribing.
Closing a salon. If you close your salon and leave Vivid Salons, your subscription stops renewing and no further charges are made. Any full months remaining in a prepaid yearly period become account credit for you, valued at the rate you paid. You can apply that credit to a new salon location you open on Vivid Salons, or, if you sell your business, transfer it to the buyer's new location by asking us in writing. Credit covers subscription fees only and has no cash value, except where the law requires otherwise. Monthly plans end at the close of the current month, with no credit for the part of a month remaining.
Selling your business. Customer records, appointment and visit history, loyalty points, and other salon data belong to the account that collected them and never transfer to a new owner. A buyer always starts with a new salon account, even when you transfer your subscription credit to them.
Failed payments. If a renewal payment fails, we and Stripe will notify you and retry. If payment cannot be collected, the subscription is cancelled and the account moves to the Free plan at the end of the retry period.
Price changes. If plan prices change, existing subscribers are notified in advance and new prices apply from a future renewal — never mid-period.
Self-service. Plans, payment methods, and invoices can be managed anytime in the Owner Portal at vividsalons.com/account.

8. Third-Party Services

Parts of the Service rely on companies we do not control — Stripe for subscription payments, Square for card payments taken in the salon, Twilio for text messages, Google and Apple for sign-in, maps, and app distribution, and Google Cloud for hosting. Their own terms and privacy policies govern what they do, and we are not responsible for their acts, outages, or decisions. Links to other websites are provided for convenience and are not endorsements.

9. Availability & Changes to the Service

We work to keep the Service running, but we do not promise it will be uninterrupted or error-free, and we do not offer a guaranteed level of uptime. We may add, change, or withdraw features, and we may carry out maintenance. Where a change materially reduces what a paid plan includes, we will tell subscribers in advance. We are not responsible for delays or failures caused by events outside our reasonable control, including network or carrier failures, outages at the providers named above, natural events, or acts of government.

Keep your own copies of anything you cannot afford to lose. Salon data can be exported from the Service.

10. Suspension & Termination

You can stop using the Service at any time, close your salon, or delete your account from within the app. Section 7 covers what happens to a paid subscription.

We may suspend or end access to the Service, in whole or in part, if you break these Terms, if your account is used unlawfully or in a way that risks harm to other users or to the Service, if payment cannot be collected, or if we are required to by law. Where it is reasonable to do so, we will tell you first and give you a chance to put it right. Sections that by their nature should survive — content licences already granted, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — survive the end of these Terms.

11. Disclaimers

The Service is provided "as is" and "as available", without warranty of any kind. To the fullest extent permitted by law, Vivid Spark Technology disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will meet your requirements, that it will be available uninterrupted or error-free, that defects will be corrected, or that any reporting, forecast, analysis, or projection it produces is accurate or suitable for tax, accounting, payroll, valuation, or legal purposes. Those outputs are informational. Check them against your own records before you rely on them, and take professional advice where it matters.

12. Limitation of Liability

To the fullest extent permitted by law, Vivid Spark Technology will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data, or business interruption, arising out of or relating to the Service — even if we have been advised that such damages are possible.

Our total liability for all claims arising out of or relating to the Service in any twelve-month period will not exceed the greater of (a) the amounts you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limits above apply to the greatest extent the law allows, and nothing in these Terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.

13. Indemnification

You agree to defend, indemnify, and hold harmless Vivid Spark Technology, VIVYLANDS LLC, and their officers, employees, and agents from any claim, demand, loss, liability, or expense — including reasonable legal fees — arising out of or relating to: your use of the Service; content you upload; the services you perform for, or receive from, another user; your breach of these Terms or of any law; or, if you operate a salon, your handling of customer information and your messages to customers sent through the Service. We may take over the defence of any matter subject to this section at your expense, and you agree not to settle it in a way that imposes an obligation on us without our written consent.

14. Governing Law

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Subject to section 15, the state and federal courts located in Mecklenburg County, North Carolina have exclusive jurisdiction, and you consent to venue there.

15. Dispute Resolution — Arbitration & Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to bring a lawsuit in court and to participate in a class action.

Talk to us first. Most problems can be sorted out quickly. Before starting a formal proceeding, send a written description of the dispute and the relief you want to vividsalons.com/contact. We will do the same. If it is not resolved within 60 days, either of us may proceed.

Arbitration. Except as set out below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. The arbitration will take place in Mecklenburg County, North Carolina, or by telephone or video, or in your home county if you ask. The Federal Arbitration Act governs this section.

Class action waiver. You and we agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. An arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest of this section still applies.

What is not covered. Either of us may bring an individual claim in small-claims court, and either of us may seek injunctive relief in court to protect intellectual property or to stop unauthorised access to the Service.

Your right to opt out. You can decline this arbitration agreement by writing to us at vividsalons.com/contact within 30 days of first accepting these Terms, saying that you opt out of arbitration and giving the name on your account. Opting out costs you nothing and changes nothing else — we will not close your account or treat you differently for it. If you opt out, section 14 governs instead.

16. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service, and replace anything said before. If a provision is found unenforceable, the rest stays in force. Our not enforcing a provision is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between us. We may send you notices by email, by text where you have opted in, or in the app.

17. Changes

We may update these Terms from time to time. If a change is material we will give reasonable notice before it takes effect — by email, in the app, or on this page. Continued use of the Service after that constitutes acceptance of the revised Terms. If you do not agree, stop using the Service and, if you subscribe, cancel your plan under section 7.

18. Contact

Questions about these Terms? Reach us at vividsalons.com/contact.