EWÀ TERMS & CONDITIONS

1. ACCEPTANCE OF THESE TERMS

These Terms & Conditions ("Terms") govern your access to and use of the Ewà mobile application, the ewatheapp.com website, and all related digital assets and services (collectively, the "Services"), operated by Ewà ("Company," "we," "us," or "our").

By downloading, accessing, or using the Services, or by creating an account, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Services.

We may modify these Terms at any time. We will update the Effective Date above when we do. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

2. DEFINITIONS

• "Customer" means a User who books or seeks to book beauty or grooming services through the Services.
• "Service Provider" means an independent professional who offers beauty or grooming services to Customers through the Services.
• "User" means any person who accesses or uses the Services, including Customers and Service Providers.
• "Provider Services" means the beauty, grooming, and related services performed by a Service Provider for a Customer.

3. THE COMPANY'S ROLE

Ewà is a technology platform, not a provider of beauty or grooming services. We provide a marketplace that connects Customers with independent Service Providers. We do not employ Service Providers, do not perform Provider Services, and do not direct, supervise, or control the manner in which Provider Services are performed.

Service Providers are independent contractors. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between Ewà and any Service Provider.

Any contract for Provider Services is formed directly between the Customer and the Service Provider. Ewà is not a party to that contract.

4. ELIGIBILITY AND ACCOUNT REGISTRATION

You must be at least eighteen (18) years of age and legally capable of entering into binding contracts to create an account or use the Services.

When you register, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your information;
• Keep your login credentials confidential;
• Accept responsibility for all activity that occurs under your account; and
• Notify us immediately of any unauthorized use of your account.

We may refuse, suspend, or terminate any account at our discretion, including where we believe information provided is inaccurate or these Terms have been violated.

5. ELECTRONIC COMMUNICATIONS AND SMS MESSAGES

5.1 Consent to Electronic Communications

By creating an account, you consent to receive communications from us electronically, including by email, in-app notification, push notification, and SMS text message. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

5.2 SMS Verification Codes

Account registration takes place within the Ewà mobile application for iOS and Android. During registration, you enter your mobile phone number and must affirmatively check an unchecked consent checkbox reading: "I agree to receive a one-time verification code by SMS from Ewà. Msg & data rates may apply." Registration cannot be completed without checking this box.

We use your mobile phone number to send one-time verification codes (OTP) and transactional account messages, including booking confirmations and security alerts. We do not send marketing or promotional text messages.

• Message frequency varies based on your account activity.
• Message and data rates may apply, and are charged by your mobile carrier.
• Reply HELP for help, or contact support@ewatheapp.com.
• Reply STOP to unsubscribe at any time. You will receive one confirmation message and no further texts.
• Carriers are not liable for delayed or undelivered messages.

If you opt out of SMS messages, we may be unable to verify your account or deliver security codes, which may prevent you from signing in to the Services.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

6. BOOKINGS, PAYMENTS, AND FEES

6.1 Booking

Customers may request Provider Services through the Services. A booking is confirmed when the Service Provider accepts the request. Prices, availability, and service descriptions are set by Service Providers, not by Ewà.

6.2 Payment

Customers authorize Ewà, through our third-party payment processor, to charge the payment method on file for the total amount of the booking, including any applicable service fees, taxes, and gratuity.

Payment card details are collected and stored by our PCI-compliant third-party payment processor. Ewà does not store full payment card numbers or security codes on its own systems.

6.3 Fees

Ewà charges a service fee for use of the platform. Applicable fees are disclosed before a booking is confirmed. We may change our fees at any time, with changes taking effect for bookings made after the change is posted.

6.4 Service Provider Payouts

Ewà remits payment to Service Providers, less applicable fees, according to the payout schedule described in the Services. Service Providers are solely responsible for reporting and paying all taxes arising from their earnings.

7. CANCELLATIONS, REFUNDS, AND NO-SHOWS

Cancellation and refund terms are disclosed at the time of booking and may vary by Service Provider.

• Customers who cancel outside the applicable cancellation window may receive a refund as described at booking.
• Customers who cancel within the cancellation window, or who fail to appear, may be charged a cancellation fee.
• If a Service Provider cancels or fails to appear, the Customer will receive a full refund of amounts charged.

Refund disputes should be raised through the Services. Ewà may, at its discretion, issue refunds or credits to resolve disputes, but is not obligated to do so.

8. SERVICE PROVIDER OBLIGATIONS

If you use the Services as a Service Provider, you represent and warrant that you:

• Hold and will maintain all licenses, certifications, registrations, and permits required to lawfully perform your Provider Services in the jurisdictions where you operate;
• Will comply with all applicable health, safety, sanitation, and licensing laws and regulations;
• Will maintain any insurance required by law or reasonably appropriate to your Provider Services;
• Will perform Provider Services in a professional, safe, and competent manner;
• Consent to identity verification and background screening as a condition of using the Services; and
• Are solely responsible for your own tools, products, supplies, and equipment.

You are solely responsible for the Provider Services you perform and for any injury, damage, or loss arising from them.

9. CUSTOMER OBLIGATIONS

If you use the Services as a Customer, you agree to:

• Provide accurate booking details, including location and service requirements;
• Disclose any allergies, sensitivities, skin conditions, or medical considerations relevant to the Provider Services before they are performed;
• Provide a safe and lawful environment where Provider Services are performed at your location;
• Treat Service Providers with respect; and
• Pay all amounts due for confirmed bookings.

10. USER CONTENT AND REVIEWS

You may submit content to the Services, including photographs, profile information, and reviews ("User Content"). You retain ownership of your User Content.

By submitting User Content, you grant Ewà a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, display, and distribute that content in connection with operating and promoting the Services.

You represent that you own or have the necessary rights to your User Content and that it does not infringe any third-party rights.

Reviews must reflect genuine, first-hand experience. We may remove User Content that violates these Terms, but we do not undertake to review all content and are not responsible for User Content.

11. PROHIBITED CONDUCT

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law;
• Arrange payment outside the Services in order to avoid fees;
• Impersonate any person or misrepresent your identity, qualifications, or affiliation;
• Harass, threaten, discriminate against, or harm any other User;
• Request or perform any service of a sexual nature;
• Post false, misleading, defamatory, or fraudulent content;
• Scrape, crawl, reverse engineer, or attempt to gain unauthorized access to the Services;
• Introduce malware or interfere with the operation or security of the Services; or
• Use the Services to send unsolicited commercial messages.

Violation may result in immediate suspension or termination of your account and referral to law enforcement.

12. SAFETY AND ASSUMPTION OF RISK

Ewà performs identity verification and background screening on Service Providers, but we do not guarantee the conduct, skill, qualifications, or safety of any User. Screening has inherent limitations and does not guarantee that a person poses no risk.

You are responsible for exercising your own judgment when interacting with other Users. You use the Services and receive or perform Provider Services at your own risk.

Beauty and grooming services carry inherent risks, including allergic reaction, skin irritation, chemical burns, and injury. You assume these risks.

13. INTELLECTUAL PROPERTY

The Services, including all software, text, graphics, logos, and the Ewà name and marks, are owned by Ewà or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose. All rights not expressly granted are reserved.

14. THIRD-PARTY SERVICES

The Services may integrate or link to third-party services, including mapping, payment processing, and messaging providers. We are not responsible for third-party services, their content, or their practices. Your use of them is governed by their own terms.

15. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PROVIDER SERVICES WILL MEET YOUR EXPECTATIONS.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EWÀ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO EWÀ IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ewà and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or relating to: (i) your use of the Services; (ii) your User Content; (iii) your violation of these Terms or any applicable law; (iv) your Provider Services, if you are a Service Provider; or (v) any dispute between you and another User.

18. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at support@ewatheapp.com and attempt to resolve the dispute informally for at least thirty (30) days.

18.2 Binding Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court.

18.3 Class Action Waiver

YOU AND EWÀ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

18.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@ewatheapp.com within thirty (30) days of first accepting these Terms. Opting out will not affect any other part of these Terms.

19. GOVERNING LAW

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Subject to Section 18, the exclusive venue for any dispute is the state and federal courts located in New York County, New York.

20. TERMINATION

You may terminate your account at any time through the Services or by contacting us. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms.

Upon termination, your right to use the Services ceases immediately. Sections 10, 13, 15, 16, 17, 18, and 19 survive termination.

21. GENERAL

Severability. If any provision is held unenforceable, the remaining provisions remain in full force.

No Waiver. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them freely.

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Ewà regarding the Services.

Force Majeure. We are not liable for failures caused by events beyond our reasonable control.

22. CONTACT US

Questions about these Terms:

• Email: support@ewatheapp.com