Terms of Service
Plain-English summary. These Terms are the agreement between you and Dominick's Family of Industries LLC for every app and related website we publish. Use the apps lawfully, keep your account secure, and respect other people. Payments, bookings and subscriptions follow the rules shown to you at the time you make them. Nothing here takes away any rights you have under the consumer laws of the country where you live.
1. Who we are
The apps and services described below are provided by Dominick's Family of Industries LLC, a California limited liability company ("we," "us," "our"). Our business address is 3400 Bradshaw Rd, Suite A3, Sacramento, CA 95827, USA, and our business phone is +1 (916) 572-4221. Full contact details are in section 24.
2. Apps these Terms cover
These Terms apply to every mobile app, web app and related website we publish, including:
- Dominick's Barbershop, for booking appointments, managing visits and rewards, and joining shop community features at Dominick's Barbershop in Sacramento;
- StyleFlow Booking, a booking and business-management companion app for barbershops, salons and other appointment-based businesses that use the StyleFlow platform, and for their clients;
- Dominick's Online Shop;
- Faded Spaces Gardening Tool;
- any other app or website we publish that links to these Terms (together, the "Apps").
Some Apps or features have additional terms, such as a shop's booking and cancellation policy, a subscription plan, or a promotion. Those terms are shown to you before you use the feature and form part of this agreement. If they conflict with these Terms, the additional terms control for that feature only.
3. Accepting these Terms
By downloading, accessing or using an App, you agree to these Terms. If you are using an App for a business, such as a shop using StyleFlow, you confirm that you have authority to accept these Terms for that business, and "you" includes the business. If you do not agree, do not use the Apps.
4. Eligibility
You must be at least 13 years old to use the Apps. If you are under 18, or under the age of majority where you live, you may use the Apps only with the involvement and consent of a parent or legal guardian, who agrees to these Terms for you. Some Apps or features, including business accounts and paid subscriptions, are available only to adults. You may not use the Apps if the law where you live prohibits it.
5. Your account
- Give accurate information when you create an account and keep it up to date.
- Keep your login details confidential. You are responsible for activity on your account unless it results from our own failure to protect it.
- Tell us promptly if you believe your account has been accessed without your permission.
- Business accounts may be created by, or for, a shop or its staff. The business that controls an account is responsible for the people it lets use it.
- You can delete your account at any time from within the App, where deletion is offered, or by contacting us. Some records may be kept where the law requires it, for example tax or payment records.
6. Bookings and appointments
When you book an appointment through an App, you are booking a service from the shop or professional shown in the booking. Dominick's Barbershop provides the services booked in the Dominick's Barbershop app. In StyleFlow Booking and other StyleFlow-powered booking pages, each shop is an independent business. That shop, not us, is responsible for its services, prices, staff, premises and policies.
- Deposits, cancellations and no-shows. A shop may require a deposit, a card on file or payment in advance, and may charge cancellation, late-arrival or no-show fees under the policy shown to you when you book. By completing a booking you agree to that policy.
- Changes. Shops may need to reschedule or cancel. If a shop cancels a prepaid appointment, any refund follows the shop's policy and applicable law.
- Notifications. If you give us your contact details, we may send booking confirmations, reminders and service messages about your appointments by email, text message or push notification. Message and data rates may apply. You can change marketing preferences at any time, and you can reply STOP to any text message to opt out of texts.
7. Payments, purchases and subscriptions
- Payment processors. Payments are handled by third-party processors, such as Square, Apple or Google. We do not store your full card number. The processor's own terms also apply to your payment.
- Prices and taxes. Prices are shown before you pay and may include or add applicable taxes. We may change prices for future purchases. A price change never affects a purchase you have already completed.
- In-app purchases. Purchases made through the Apple App Store or Google Play are processed by that store under its terms, including its refund policy. To request a refund for those purchases, contact the store.
- Subscriptions. Paid plans renew automatically at the end of each billing period at the then-current price until you cancel. You can cancel at any time before renewal. If you subscribed through an app store, cancel through that store's subscription settings. If you subscribed with us directly, cancel from your account settings or by contacting us. Cancellation stops future renewals. Unless the law or the plan terms say otherwise, it does not refund the current period.
- Free trials. If a plan includes a free trial, it converts to a paid subscription at the end of the trial unless you cancel before then. We tell you the price before the trial starts.
- Physical products. Orders for physical goods, such as grooming products, are subject to availability, shipping terms and the return policy shown at checkout.
8. Rewards and loyalty points
Loyalty points, perks, tiers and similar rewards are promotional benefits. They have no cash value, cannot be sold or transferred unless we say so, and cannot be exchanged for cash except where the law requires it. We may change, pause or end a rewards program, and points may expire, as described in the program rules shown in the App. We will give reasonable notice of material changes where we can. We may remove points obtained by mistake, fraud or abuse.
9. Community features and leagues
Some Apps include community features, such as shop announcements, leaderboards, trophy walls or free fantasy-sports leagues. These features are for entertainment. Unless the official rules for a specific contest say otherwise, they require no purchase, and any prizes are awarded under those rules. Fantasy-sports data may come from third parties such as Yahoo and is provided as-is. These features are not affiliated with or endorsed by any sports league or data provider.
10. Acceptable use
You agree not to:
- break any law, or infringe anyone's rights, including privacy and intellectual property rights;
- harass, threaten, defame or discriminate against anyone, including shop staff and other clients;
- make bookings you do not intend to keep, impersonate anyone, or create accounts to get around limits, fees or bans;
- upload malware, or try to probe, scan, overload or gain unauthorized access to the Apps or our systems;
- scrape, copy, reverse-engineer or resell the Apps, except as the law expressly allows;
- use the Apps to send spam or unsolicited messages.
11. Your content
You keep ownership of the content you submit, such as profile details, photos, notes, messages and reviews ("Your Content"). You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, display and process Your Content only as needed to run, secure and improve the Apps, and to show it to the people you choose to share it with. If you post a public review or comment, you also allow us to display it in connection with the shop or App it relates to. You are responsible for Your Content and confirm you have the right to share it. We may remove content that breaks these Terms or the law.
If you send us feedback or suggestions, we may use them without any obligation to you.
12. Our intellectual property
The Apps, including their software, design, text, graphics and logos, belong to us or our licensors and are protected by law. StyleFlow, Dominick's Barbershop, BarberTekk, PlusOne and related names and logos are our trademarks. Subject to these Terms, we give you a personal, revocable, non-exclusive, non-transferable license to install and use the Apps for their intended purpose. No other rights are granted.
13. Third-party services
The Apps connect to services we do not control, such as payment processors, calendars, maps, messaging providers and sports-data providers. Those services are governed by their own terms and privacy policies, and we are not responsible for them. Links to third-party websites are provided for convenience.
14. Privacy
Our collection and use of personal information is described in the privacy policy for each App, which is linked from its app-store listing and inside the App. For StyleFlow, see styleflow-next.vercel.app/privacy. For questions or requests about your data, contact us using the details in section 24.
15. Disclaimers
We work to keep the Apps accurate, secure and available, but we provide them "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Apps will be uninterrupted, error-free or free of harmful components, or that availability shown in a booking calendar will always be accurate. General information in the Apps, such as grooming, wellness or gardening tips, is not professional advice. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.
16. Limitation of liability
To the fullest extent the law allows, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Apps or these Terms. Our total liability for all claims relating to the Apps is limited to the greater of (a) the amount you paid us for the App or service giving rise to the claim in the 12 months before the claim, or (b) US $100.
Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud.
17. Indemnity
If you use the Apps for a business, or break these Terms, you agree to defend and compensate us for claims, losses and reasonable legal costs arising from your misuse of the Apps, Your Content, or your breach of these Terms or the law. This section does not apply to consumers where the law does not allow it.
18. Suspension and termination
You may stop using the Apps at any time. We may suspend or end your access if you seriously or repeatedly break these Terms, if the law requires it, or if continuing would create risk or legal exposure for us or others. Where reasonable, we will tell you why and give you a chance to fix the problem. We may also discontinue an App or feature. If we end a paid service you have prepaid for without cause, we will refund the unused portion. Sections that by their nature should survive termination, including sections 7 (for amounts owed), 11, 12 and 15 to 20, survive.
19. Consumers outside the United States
We offer the Apps in many countries. If you are a consumer, you keep all the protections that the mandatory consumer laws of your country of residence give you. These Terms do not limit them.
- European Economic Area, United Kingdom and Switzerland. We are liable for foreseeable loss caused by our breach of these Terms or failure to use reasonable care and skill. Digital content and services are supplied in conformity with the contract, and you have the legal remedies available where they are not. For paid digital content or services bought directly from us, you may have a 14-day right of withdrawal. If you ask us to start supplying digital content or services during that period and acknowledge that you lose the right once supply has begun, the right ends when supply starts, except where the law provides otherwise. Purchases made through an app store follow that store's process.
- Dispute resolution. EU consumers may also use the alternative dispute resolution bodies available in their country.
20. Governing law and disputes
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. Any dispute that is not resolved informally will be heard in the state or federal courts located in Sacramento County, California, and you and we consent to their jurisdiction. Either party may bring an eligible claim in small-claims court instead. If you are a consumer living outside the United States, you may also bring proceedings in the courts of your country of residence, and the mandatory law of that country applies where it gives you greater protection.
Before filing any claim, please contact us first so we can try to resolve it. Most concerns can be settled quickly that way.
21. App store terms
If you downloaded an App from the Apple App Store or Google Play, the following also applies:
- These Terms are between you and us, not Apple or Google, and we, not they, are responsible for the App and its content.
- Your license to use the App is limited to devices you own or control, as permitted by the store's usage rules.
- Apple and Google have no obligation to provide maintenance or support for the App.
- If an App fails to conform to an applicable warranty, you may notify Apple, which may refund the purchase price, if any. To the extent the law allows, Apple has no other warranty obligation for the App.
- We, not Apple or Google, are responsible for addressing any claims relating to the App, including product-liability claims, claims that it fails to meet legal or regulatory requirements, consumer-protection claims, and claims that it infringes a third party's intellectual property.
- You confirm that you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting," and that you are not on any U.S. government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
22. Changes to these Terms
We may update these Terms as the Apps and the law change. We will post the updated version here with a new effective date. If a change is material, we will give reasonable advance notice in the App, by email or by another appropriate method. If you keep using the Apps after the change takes effect, the updated Terms apply. If you do not agree, stop using the Apps and, where applicable, cancel any subscription.
23. General
These Terms, together with any additional terms described in section 2, are the entire agreement between you and us about the Apps. If any provision is found unenforceable, the rest remains in effect. If we do not enforce a provision, that is not a waiver. You may not transfer your rights under these Terms without our consent. We may transfer ours to an affiliate or a successor business, provided your rights are not reduced. Neither party is responsible for delays caused by events beyond its reasonable control.
24. Contact
Dominick's Family of Industries LLC
3400 Bradshaw Rd, Suite A3
Sacramento, CA 95827, USA
Phone: +1 (916) 572-4221
Email: dom@domsonlineshop.com