Pinnacle360 Terms of Agreement

Introduction and Acceptance of Terms

Welcome to Pinnacle360, a salon software-as-a-service platform (“Pinnacle360,” “we,” “us,” or “our”). These Terms of Agreement (the “Terms”) govern the relationship between Pinnacle360 and each user of our services (“User” or “you”). By creating an account or otherwise using the Pinnacle360 website, application, and related services (collectively, the “Services”), you agree to be bound by these Terms, as well as our Privacy Policy referenced herein. If you do not agree, you must not use the Services. No agency, partnership, joint venture, or employment is created by these Terms; you and Pinnacle360 are independent contracting parties. Pinnacle360 may update these Terms from time to time and will notify you of any significant changes. Continued use of the Services after an update constitutes acceptance of the revised Terms.

Accounts and Eligibility

To use Pinnacle360, you must register an account and provide accurate, up-to-date information. You represent that you are at least 18 years old and authorized to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to promptly notify us of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms or that are inactive, unpaid, or used fraudulently.

Subscription Plans and Fees

Pinnacle360 offers subscription-based access to the Services. Subscription options include monthly plans, annual plans, and a one-time “Lifetime” access plan, as defined below. All subscriptions grant you a limited, revocable license to use the Services during the subscription term, subject to these Terms.

• Monthly Subscription: Your subscription will run month-to-month and automatically renew each month on a recurring billing cycle, unless canceled before the next billing date. Subscription fees are billed in advance each month and are non-refundable, except as required by law or explicitly stated otherwise in these Terms. For example, if your monthly subscription begins on the 15th, it will renew on the 15th of each subsequent month. You may cancel at any time effective at the end of the then-current month, but no prorated refunds will be provided for partial months.

• Annual Subscription: Your subscription will run for a one-year term and automatically renew annually unless canceled prior to the renewal date. Annual subscriptions are billed in advance for each year and are non-refundable after payment. If fees or terms change upon renewal, we will provide at least 30 days’ advance notice. You may cancel an annual plan at any time, but any pre-paid fees for the remainder of the term will not be refunded (except where required by law).

• “Lifetime” Access (Five-Year Plan): Pinnacle360 may offer a “Lifetime” access plan, which provides access to the Services for a period of five (5) years from the date of purchase. Definition of Lifetime: For purposes of these Terms, “Lifetime” means a period of five years of access. After five years, Pinnacle360 reserves the right to require renewal, offer a continuation plan, or modify access terms based on factors such as technological changes, regulatory shifts, significant cost impacts, or other market conditions. We will make a good-faith effort to inform you of your options as the five-year term concludes. The Lifetime plan is paid upfront and is non-refundable. Continuation of service beyond the initial five-year period is not guaranteed; however, if Pinnacle360 discontinues or materially alters the Services before the end of the five-year term, we may, at our discretion, provide a pro-rated refund or alternative service access to affected Lifetime subscribers.

Fees and Payment: All subscription fees and any other applicable charges (e.g. payment processing fees, add-on services) are due and payable as described in the plan you select. By subscribing, you authorize Pinnacle360 (or its payment processor) to charge your provided payment method for the recurring subscription fees and applicable taxes. Recurring fees will be charged in advance of each billing period. If any fee charge is declined or fails, we may attempt to re-charge after a short interval and/or suspend your account for non-payment. You are responsible for keeping your billing information current. Pinnacle360 may change subscription fees or introduce new fees; if we do, we will notify you at least 30 days before such changes take effect, and you may cancel if you do not agree to the new fees

No Refunds: Except as expressly provided in these Terms or required by law, all fees paid to Pinnacle360 are non-refundable. This includes if you cancel your subscription or if we terminate your account due to your violation of these Terms.

User Responsibilities and Acceptable Use

By using Pinnacle360, you agree to uphold the following obligations and adhere to our acceptable use policy:

• Lawful Use: You will use the Services only for legitimate business purposes in operating a salon or related business. You will comply with all applicable laws and regulations, including privacy, data protection, and anti-spam laws, when using the Services. You are solely responsible for ensuring that your use of the Services (and the data you collect from your customers) complies with all laws applicable to you and your business.

• Prohibited Activities: You will not use the Services for any unlawful, harmful, or abusive purpose. This includes, without limitation, that you will not: (a) upload or transmit any content that is illegal, defamatory, obscene, harassing, or that infringes anyone’s intellectual property or privacy rights; (b) use the Services to send unauthorized or unsolicited mass communications (“spam”) or to engage in scraping, crawling, or any automated data collection; (c) introduce any viruses, malware, or harmful code into the Services; or (d) attempt to circumvent any security or access controls of the Services.

• Account Use: You are responsible for all actions taken under your account credentials. You agree not to share your login information or allow others to access the Services using your account, except authorized staff or team members in your organization (in compliance with any multi-user plan terms). If you are a team member using Pinnacle360 on behalf of an account owner, you must use the Services only within the scope of authority granted by the account owner.

• Data Provided: If you input or upload any personal information of your clients or third parties into Pinnacle360 (e.g., client names, contact details, appointment details), you represent and warrant that you have the legal right to collect and share that information with us for the purposes of using the Services. In particular, if required, you have obtained any necessary consents from your clients to use their personal data in Pinnacle360. You will only use client contact information obtained via the Services in accordance with applicable law and only for the purposes for which the client has provided it (for example, managing appointments or sending reminders, and not for unsolicited marketing unless the client has expressly opted in).

• Compliance with Payment Security: If you use Pinnacle360’s features to process payments, you agree to follow all applicable rules of card networks and the Payment Card Industry Data Security Standards (PCI-DSS). You will not attempt to store payment card numbers, security codes, or magnetic stripe data in any insecure manner or in any part of the Services not expressly designated for secure card storage. (See PCI-DSS Compliance section below for more details.)

Pinnacle360 reserves the right to monitor use of the Services to ensure compliance with these Terms. We may suspend or terminate your access to the Services for any abusive conduct or violations of law or these Terms, at our sole discretion, and may remove or disable access to any content we deem objectionable or unlawful.

User Content and License

Ownership of User Content: In the course of using Pinnacle360, you and your authorized users may upload, submit, or create content such as business information, logos, images, service descriptions, client notes, or other materials (“User Content”). You retain any ownership rights that you have in the User Content. Pinnacle360 does not claim ownership of your User Content. However, by providing or generating User Content through the Services, you grant Pinnacle360 a license to use it as described below.

License to Pinnacle360: You hereby grant Pinnacle360 a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, use, reproduce, modify, adapt, publish, translate, display, and distribute your User Content as needed to provide, operate, improve, and promote the Services. This license allows us, for example, to display your uploaded logo on your booking site, to format and send appointment confirmations to your clients containing your business name and details, to backup your data on our servers, and to use screenshots or examples (that may include your User Content) in our promotional materials or case studies (however, we will not disclose any of your confidential business information in doing so without your consent). The license to your User Content is perpetual and irrevocable, but it is limited to the purposes of providing and promoting the Services. We will never sell your proprietary client contact lists or other personal User Content to third parties for their own marketing.

Your Responsibilities for Content: You are solely responsible for all User Content you provide. You represent and warrant that you have all necessary rights and permissions to upload or share the User Content and to grant the license above, and that none of your User Content violates any law or infringes anyone’s rights (including intellectual property, privacy, or publicity rights). You remain responsible for maintaining backup copies of your content outside of the Services if you desire. While Pinnacle360 implements routine backups and data retention for disaster recovery, we are not liable for loss or corruption of User Content.

Monitoring and Removal: Pinnacle360 is not obligated to monitor User Content, but we reserve the right to remove or disable access to any User Content for any reason, including if we believe, in our discretion, that it violates these Terms or any law, or infringes third-party rights. We will make a reasonable effort to notify you if we remove content you have posted, unless the removal is due to a court order or urgent circumstances.

Intellectual Property Rights

Pinnacle360’s Intellectual Property: All rights, title, and interest in and to the Pinnacle360 Services, including but not limited to software, code, design, logos, trademarks, content provided by us, and all related intellectual property (“Pinnacle360 Content”), are and will remain the exclusive property of Pinnacle360 and its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license during the term of your subscription to access and use the Pinnacle360 Content solely for your internal business use in accordance with these Terms. Except for this limited license, no rights or ownership of any intellectual property are granted to you. You shall not remove or obscure any copyright, trademark, or other proprietary rights notices on the Pinnacle360 Content.

Feedback: If you provide any suggestions, ideas, or feedback to Pinnacle360 regarding the Services, we may use and incorporate such feedback without any obligation to you. Any improvements or modifications to the Services based on your feedback are owned by Pinnacle360.

Payment Processing and PCI-DSS Compliance

Pinnacle360 may offer integrated payment processing services to allow you to charge your clients for services and products. These payment services may be provided through third-party payment processors or merchant services partners. When you or your clients make payments through Pinnacle360, you acknowledge and agree that: (a) Pinnacle360 may act as an agent to facilitate the payment transaction between you and your client (for example, processing a credit card on your behalf), and (b) payments collected from your clients may be temporarily held by us or our payment partner and then disbursed to you, net of any applicable fees, according to our policies and any separate payment processing terms.

PCI-DSS Compliance: Pinnacle360 is committed to protecting cardholder data. We (and our payment processing partners) comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent applicable when handling credit or debit card information. For example, our payment workflows and storage of card data (if any) adhere to PCI-DSS requirements by using encryption and tokenization. Pinnacle360 itself does not store full credit card numbers or sensitive authentication data on our systems except in compliance with PCI-DSS guidelines. Any storage of card details for recurring billing or client convenience is handled by our PCI-compliant payment gateway provider. We undergo regular security assessments and maintain procedures to safeguard payment information. By using the payment features, you agree to follow all applicable PCI-DSS requirements that apply to you as a merchant, and you agree that you will not input card data into any free-text fields or in any manner that is not intended for secure collection of payment information.

Privacy and Communications

Use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information. By agreeing to these Terms, you also consent to the collection and use of information as outlined in the Privacy Policy. We will maintain appropriate administrative, physical, and technical safeguards to protect personal data, in accordance with industry standards and applicable law. If you or your business are subject to privacy laws (such as the EU General Data Protection Regulation “GDPR” or similar laws), Pinnacle360 will provide reasonable assistance to support your compliance, such as data processing agreements or tools to enable you to fulfill data subject requests, as described in our Privacy Policy (see “GDPR Compliance” in the Privacy Policy).

Marketing Communications: By creating a Pinnacle360 account, you consent to receive communications from us via email, SMS, phone calls, and in-app notifications regarding your account and the Services, including operational announcements and marketing messages. These communications may include appointment or payment confirmations, account alerts, newsletters, and promotional offers. You acknowledge that such communications are part of the Services. You have the option to opt out of marketing or promotional emails and texts at any time. For example, you may unsubscribe from marketing emails using the link provided in those emails, and you may opt out of promotional text messages by replying “STOP” as instructed in the message. Opting out of marketing communications will not affect your receipt of important account-related messages (such as payment notices or security alerts) that are necessary for service. Standard message and data rates may apply to communications sent to your mobile device. Please refer to our Privacy Policy for more details on how to manage your communication preferences.

Term and Termination

These Terms are effective on and from the date you first accept them (for instance, by creating an account or clicking “I agree”) and will remain in effect until terminated. You may terminate this agreement at any time by canceling your subscription and ceasing all use of the Services. If you cancel or terminate, you will still be responsible for any fees accrued or charges incurred up to the date of termination, and no refunds will be provided for any prepaid periods except at our discretion or as required by law.

Pinnacle360 may suspend or terminate your account or access to Services at any time with or without notice if: (a) you violate any provision of these Terms or we suspect fraudulent or unlawful activity in your account; (b) you fail to pay any amounts due; or (c) we discontinue the Services. In the event we terminate without cause (for example, a discontinuation of the Service entirely), we will provide a pro-rata refund of any prepaid subscription fees for the remaining period. Termination of your account may involve deletion of your User Content from our live databases. Pinnacle360 will not be liable to you or any third party for termination of your access to the Services in accordance with these Terms. Any provisions of these Terms that by their nature should survive termination (such as indemnification, limitations of liability, and dispute provisions) shall survive.

Disclaimer of Warranties

Use “As-Is”: Pinnacle360 provides the Services to you on an “as is” and “as available” basis. To the maximum extent permitted by law, Pinnacle360 disclaims all warranties of any kind, whether express, implied, or statutory, regarding the Services and their quality, performance, availability, or suitability for your needs. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that the Services will be secure, uninterrupted, or error-free.

No Guaranteed Results: You acknowledge that, as software, the Services may have occasional bugs or errors and may be subject to interruptions. Pinnacle360 does not guarantee any specific results or business outcomes from use of the Services. You assume all risk for any actions taken based on information or tools provided by the Services. For example, any business decisions, client communications, or record-keeping performed via Pinnacle360 are your responsibility. We do not warrant that using the Services will ensure compliance with any laws or regulations applicable to your business; you must seek your own legal advice regarding compliance.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any warranties required by law are limited in duration to 30 days from the start of your use of the Services.

Limitation of Liability

To the fullest extent permitted by law, in no event will Pinnacle360 or its affiliates, officers, directors, employees, or agents be liable to you or any third party for: (a) any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangibles, arising out of or relating to the Services or these Terms, even if we have been advised of the possibility of such damages; and (b) any aggregate liability for all claims relating to the Services or these Terms that exceeds the total amounts you have paid to Pinnacle360 in the twelve (12) months immediately preceding the event giving rise to the liability (or USD $100 if no such payments have been made). This limitation applies to all causes of action, whether in contract, tort (including negligence), strict liability, or otherwise.

Pinnacle360 is not responsible for any compensation, reimbursement, or damages arising in connection with: your inability to use the Services as a result of any termination or suspension of this Agreement or your use of or access to the Services, or downtime of the Services; the cost of procurement of substitute services; any investments, expenditures, or commitments by you in connection with your use of the Services; or any unauthorized access to, alteration of, or deletion, destruction, damage, loss or failure to store any of your content or other data.

Some jurisdictions do not allow certain liability exclusions or limitations. In such cases, our liability will be limited to the minimum extent required by law.

Indemnification

You agree to defend, indemnify, and hold harmless Pinnacle360 and its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors (the “Pinnacle360 Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) made by any third party arising out of or in connection with: (i) your use of the Services; (ii) your violation of these Terms or of any law or regulation; (iii) your infringement or misappropriation of any intellectual property, privacy, or other rights of any person; or (iv) any content (including User Content) that you provide through the Services, including claims that such content infringes or violates the rights of any third party. We reserve the right, at our option, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without relieving you of your indemnification obligations). You agree not to settle any such matter without the prior written consent of Pinnacle360. You will cooperate with us in asserting any available defenses.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles. You agree that any dispute or claim arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in the State of Florida, and you consent to personal jurisdiction in such courts. Notwithstanding the foregoing, Pinnacle360 may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Arbitration and Class Action Waiver (if applicable): (Optional – If Pinnacle360 chooses to include an arbitration clause for additional protection.) At our sole discretion, we may require any dispute between you and Pinnacle360 (except those regarding intellectual property or certain injunctive relief) to be resolved through binding arbitration on an individual (non-class) basis. If we invoke this right, we will provide a separate arbitration agreement or clause with details, in compliance with applicable law. By agreeing to these Terms, you waive the right to participate in any class action or representative proceeding against us, to the maximum extent permitted by law.

Miscellaneous

Entire Agreement: These Terms (along with the Privacy Policy and any additional policies or addenda referenced herein) constitute the entire agreement between you and Pinnacle360 regarding the Services, superseding all prior or contemporaneous agreements, communications, and understandings (whether oral or written) relating to the subject matter hereof.

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Pinnacle360.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Pinnacle360 may freely assign these Terms or delegate its obligations without notice to you, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or by operation of law or otherwise. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

No Third-Party Beneficiaries: Except as expressly provided herein, these Terms create no rights enforceable by any person or entity that is not a party to this Agreement.

Notices: Pinnacle360 may provide notices or communications to you by email to the address associated with your account, by posting on our website, or through the Services interface. You consent to receiving electronic communications. Notices will be deemed given on the date sent or posted. You are responsible for keeping your contact information up to date. You may send notices to Pinnacle360 at any official mailing address or email address we designate for legal notices (for example, [email protected]), with a copy to our registered agent if so required.

By using the Services, you acknowledge that you have read, understood, and agree to these Terms of Agreement. If you have any questions about these Terms, please contact us at [email protected].