Anamel Beauty-on-Demand App

Beautician Term and Conditions

Welcome to Anamel beauty on demand mobile application (“Anamel”). The app is an onlineplatform through which persons seeking certain beauty and salon Services (each, a “Client”)can find and connect with professional providers of those Services (each, a “Beautician”),and Beauticians can post, acquire and connect with Clients. The following terms andconditions (“Terms”) govern your use of Anamel (the “App”), to provide or receive beauty orsalon Services made available through the App.

Nothing in these Terms shall be construed as making Anamel the partner, joint venturer,agent, legal representative, employer, contractor, or employee of any other party. Anameldoes not take part in, nor is Anamel in any way responsible for, any interactions ornegotiations between Clients and Beauticians, except to the extent necessary to maintainthe App. Any interaction between you and any other individual or entity through the App orarising out of your use of the App, including any interactions between Clients andBeauticians, is solely between you and that other individual or entity. Anamel expresslydisclaims any responsibility for any interactions between Clients and Beauticians.

By accessing, viewing, or using the content, material, or Services available on or throughthe App, you indicate, on behalf of yourself and any company or business entity on whosebehalf you are using the App, that you have read and understand these Terms, that youagree to them and intend to be legally bound by them. If you do not agree to these Terms,or if you are under 18 years of age, you are not granted permission to use the App andmust exit immediately.


Any personal information that you provide to Anamel on the App is subject to our PrivacyPolicy, which is incorporated into these Terms by reference, as if set forth fully herein.

LICENSE TO USE THE APP

Subject to these Terms, Anamel hereby grants you a single, limited, terminable, revocable,royalty-free, non-exclusive, nontransferable, nonsublicenseable license to access and usethe App solely for informational purposes. You shall be responsible, at your sole expense,for procuring, operating, and maintaining the mobile device, hardware, systems software,telecommunications applications and providers, and other items necessary or appropriate toenable you to exercise your rights and licenses hereunder. Without limiting any otherprovisions of these Terms, any software, applications or other materials, including the App,made available to you is the copyrighted work of Anamel or its affiliates, or its or theirlicensors. Copying or distributing the App or the App Materials associated with the App isexpressly prohibited.

REGISTRATION

In order to access certain contents, Services, the App, or benefits on the App, you may beasked to register and create an account. By registering an account on the App, yourepresent that you are at least 18 years of age or older. You are fully responsible for youraccount, including the use of the account by any third party, and maintaining theconfidentiality of your password.

As part of the registration process, you may be asked to select a user name and password,and may be required to provide Anamel with certain information about yourself includingsome types of personally identifying information, such as your email and your address, andinformation regarding your employer, employment history, and other credentials. You agreethat the information that you provide to us on registration and at all other times will be true,accurate, current and complete. You also agree that you will ensure that this information iskept accurate and up to date at all times. By registering to the App, you hereby authorizeAnamel to verify any representations and warranties you make either pursuant to theseTerms or within any materials submitted during the registration process, includingconducting background checks, contacting any provided references or affiliations, andreviewing public records. You acknowledge that while Anamel reserves the right to verifythese representations and warranties, Anamel is not obligated to do so, and may choosenot to do so, in Anamel’s sole discretion.

Depending on your intended uses of the App, you may be asked to designate your accountas either a Client Account (i.e., for Clients) or a Beautician Account (i.e., for Beauticians).Your obligations and rights under these Terms may vary depending on whether youregistered as a Client or a Beautician.

PURCHASES

Some products or Services made available on the App, including the Services of aBeautician, may be available for purchase. All payments for any Services made availablethrough the App must be made through the payment methods provided on the App, and inno event shall any payments be made directly or indirectly to any Beautician or otherprovider of any Services other than through the App.

By purchasing products or Services made available through the App, you represent that youare 18 years of age or older and that you will comply with all the specified processes andprocedures for redeeming your purchase. Anamel uses a third party payment processor toprocess credit card transactions made through the App. If you purchase products orServices from Anamel or make any payments via the App with your credit card, the creditcard information that you submit to Anamel will be protected by encryption, such as with theSecure Socket Layer (“SSL”) protocol. Encryption decreases the likelihood that your creditcard information will be stolen or intercepted during transmission.

You are responsible for all the charges incurred under your account, whether made by youor another person using your account. If for any reason Anamel does not receive a paymentfor a purchase, Anamel may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amountowed; and/or (c) seeking legal action against you for the breach of these Terms. You arealso responsible for paying any governmental taxes imposed in connection with use of theApp or the purchase or any products or Services made available through the App, includingsales, use, and excise taxes (excluding only taxes on Anamel’s net income). To the extentthat Anamel is obligated to collect such taxes, the applicable tax will be added to your billingaccount. All sales are final, and any refunds will be in Anamel’s sole discretion.

In accordance with Anamel’s Remittance Policy, which is incorporated into these Terms byreference, as if set forth fully herein, Anamel will remit to Beauticians payments made byClients to Anamel for the applicable Beautician’s Service, less any Facilitation Fees (asdescribed in the Remittance Policy) owed to Anamel, fivebusiness days after completion ofthe Services and Anamel’s receipt of all amounts due from the applicable Client. Anyamounts due to a Beautician will be based on the fees associated with the Servicesperformed by that Beautician and calculated in accordance with the Remittance Policyincorporated above. Beauticians agree not to collect any payments for any Servicesprovided to Clients outside the payment methods described herein. Beauticians furtheracknowledge that they are not eligible to participate in or receive any pension, health, orother benefits plan of Anamel, and that Anamel is in no way obligated to acquire anyWorkers’ Compensation Insurance associated with their Services. Unless otherwiseprovided in a written agreement with Anamel, Anamel is in no way responsible for any travelor other expenses related to any of the Services performed by any Beautician.

UNAUTHORISED ACTIVITIES

You agree that you will not use the App for: (a) any illegal or unauthorized purposes thatviolate any local, national, or international laws (including to import, export, copyright, andtrademark laws); (b) contacting any other user of the App who has requested not to becontacted; (c) stalking or harassing anyone; (d) modifying, copying, distributing, displaying,performing, reproducing, publishing, licensing, creating derivative works from, transferring,selling any of the App Materials, unless otherwise authorized by these Terms or in aseparate written agreement with Anamel; (e) attempting to gain unauthorized access toAnamel’s computer system or engaging in any activity that interferes with the performanceof, or impairs the functionality of the App or any Services provided through the App; (f) datamining, scraping, robots, or for releasing spiders, crawlers or any other data gathering orextraction tools, except to the extent the App are indexed by general purpose consumeraccessible search engines, including Google, Yahoo, MSN, or Bing; (g) promoting any effortto compete with Anamel, including using the App to provide, alone or in combination withany other product or service, any service to any third party or any use that causes areduction or loss of business for Anamel as related to an existing or potential customer; (h)cheating or plagiarizing; (i) any resale or commercial use of the App, the App Materials, orthe User Content; (j) using the App to access or collect any personally identifiableinformation, including any names, email addresses or other such information for anypurpose, including any commercial purposes; or (k) removing, circumventing, disabling,damaging or otherwise interfering in any way with any security-related features of the Appaimed at preventing or restricting the unauthorized use of the App or any of the AppMaterials. You agree to use the App only for the purpose and manner for which it wasspecifically designed; any other use of the App or App Materials without prior written permission of Anamel is strictly prohibited. You acknowledge and agree that theunauthorized use of the App or the App Materials could cause irreparable harm to Anamel,and that in the event of such unauthorized use, Anamel shall be entitled to an injunction inaddition to any other remedies available at law or in equity.

RULES FOR BEAUTICIANS

Each Beautician must be: (a) a citizen of, or legally authorized to work in, the countrieswhere Anamel is licensed to operate, with no disqualifying prior criminal record includingprior convictions for offenses involving dishonesty or violence; (b) fully experienced, skilledand qualified to perform the Services; (c) able to perform any of the Services under thisAgreement without creating a conflict with, or breach of, any contract, relationship orunderstanding to which he or she is a party; and (d) comply with all the federal, state, andlocal statutes, regulations, rules, ordinances, and orders of any governmental body oragency, including those relating to the delivery of the Services to the Clients.

Beauticians must maintain a current and accurate profile that promotes a fair playing fieldand provides a safe, simple, and positive experience for all users of the App, includingClients. Your profile must not include any inappropriate language, any misleading titles thatdo not accurately describe the Services you offer as a Beautician, or any links to third partywebsites or Services. Beauticians may not solicit Clients to pay additional fees, includingtravel fees, or use other payment methods not specifically permitted by Anamel asapproved payment methods.

You acknowledge that all the business opportunities generated through the App constituteextremely valuable assets of Anamel, and that Anamel is entitled to and should protectthose assets. As such, you agree, during the time when you are registered with the App andfor three years thereafter, not to, in any manner, directly or indirectly, whether as owner,partner, stockholder, contractor, agent, consultant or otherwise: (i) provide any Services toany Client you first connected with through the App, other than through the App; (ii) induceor attempt to induce any Client (or any person who had been a Client, at any time duringyour registration with the App) to terminate any relationship with Anamel or to seek Servicesoutside of the App; or (iii) solicit, recruit, hire, engage, or otherwise employ or retain anycurrent Beautician to provide Services outside of the App. You further acknowledge that anybreach of this Section 5 would cause immediate and irreparable harm to Anamel, and thatAnamel shall be entitled to an injunction restraining such breach, in which case no bond orother security shall be required in connection therewith. In addition, you acknowledge thatthe damages for such breach are difficult to ascertain and that Anamel shall be entitled torecover as liquidated damages all of the amount of fees, compensation, commissions orother remuneration earned by you (including amounts paid to your then employers, partnersor joint venturers) as a result of any such breach.

INTELLECTUAL PROPERTY

As between you and Anamel, Anamel owns or licenses all data, content, graphics, forms,artwork, images, photographs, functional components and any software concepts anddocumentation and other material on, in or made available through the App (“App Materials”), as well as the selection, coordination, arrangement, and organization andenhancement of the App Materials. All App Materials are protected pursuant to copyright,trademark, patent and other applicable laws. You agree not to remove or alter any copyrightnotice or any other proprietary notice on any App Materials. As between you and Anamel,all names, trademarks, service marks, certification marks, symbols, slogans, or logosappearing on the App are proprietary to Anamel or its affiliates, licensors, or suppliers. Useor misuse of these trademarks is expressly prohibited and may violate federal and statetrademark law. Unless expressly written otherwise by Anamel, you do not have any rights ofany kind in or to the App Materials, other than the right to use the App Materials inaccordance with these Terms.

Certain features of the App may allow you to contribute comments, feedback, information,content, text, files, graphics, postings, and other materials and information for access, use,viewing and commentary by other users to the App (“User Content”). By contributing UserContent, you represent that you have the full legal right to provide the User Content and thatuse of the User Content by the App and all other persons and entities will not: (a) infringeany intellectual property rights of any person or entity or any rights of publicity, personality,or privacy of any person or entity, including as a result of your failure to obtain consent topost personally identifying or otherwise private information about a person; (b) violate anylaw, statute, ordinance, regulation, or agreement; (c) be defamatory, libelous or tradelibelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person orentity or falsely state or otherwise imply an affiliate with a person or entity or is generallyfalse, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”; (e)be obscene, child pornographic, or indecent; (f) violate any community or Internet standard;(g) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosureof any confidential information owned by any third party.

You retain all right, title and interest in and to the User Content that you submit and allintellectual property rights embodied therein. Upon your submission of User Content orother material or information to Anamel, you grant Anamel a worldwide, perpetual,irrevocable, transferable, license to access, use, distribute, reproduce, display, modify,create derivative works based upon, and sublicense, the User Content, all without anycompensation to you whatsoever. If you believe that any content or postings on the Appviolate your intellectual property or other rights, please follow our Complaint Procedure inSection 13 of these Terms.

THIRD PARTY WEBSITES AND CONTENT

Anamel is a private company and is not affiliated with any Client or Beautician. The Appmay contain links to other websites or feature Services of third parties for the convenienceof users: (a) in locating information, App, or Services that may be of interest; or (b) withperforming or receiving the Services, and complying with any requirements associated withsuch transactions. The use of such third party links or third party Services on or madeavailable through the App is entirely at your own risk. Anamel does not recommend andexpressly disclaims any responsibility for the content, the accuracy of the information, orquality of App or Services provided by or advertised on third party sites or the transactionsyou conduct or enter into with third parties. Your use of any third party websites or Servicesis at your own risk, and subject to the terms and conditions of such third parties. Anamel does not endorse any product, service, or treatment provided on a third party website oradvertised or provided on the App.

CONFIDENTIALITY

You hereby acknowledge that the confidential business materials and other non-publicinformation, including, but not limited to, financial information, business relationships, andother trade secrets (“Confidential Information”) of Anamel may be disclosed to you duringyour use of the App or during your use of or performance of the Services. You will not, atany time, during or after the term of this Agreement, directly or indirectly, copy, use,disclose, release or publish any such Confidential Information, except as expressly requiredor authorized by Anamel. You will exercise reasonable precautions in maintaining theconfidentiality of Anamel’s Confidential Information, and will not disclose such ConfidentialInformation to third parties without Anamel’s express written permission. Because the life ofConfidential Information may extend indefinitely, this provision shall continue perpetually.

DISCLAIMER

Anamel, its subsidiaries, affiliates, and licensors, are not responsible for and do notguarantee the accuracy or completeness of any App Materials, User Content, App, data,Services (whether performed by Anamel or any third party), links, advertisements, or otheritems contained within or made available through the App. For avoidance of doubt, Anameldisclaims any and all responsibility for the Services or App provided by any Beautician, andAnamel disclaims any and all responsibility for the failure of any Beautician to perform anyServices or provide any goods. Anamel reserves the right to immediately remove any AppMaterials or User Content for any reason, or for no reason. Anamel cannot and does notreview all communications or App made available on or through the App, but, although notobligated to, may review, verify, make changes to or remove any User Content, AppMaterials, the App or Services made available in connection with the App, includinginformation submitted in connection with the App Materials or other features at any time,with or without notice in its sole discretion. You agree that you must evaluate and bear allthe risks associated with the use of the App, App Materials, User Content, or Services andthat you may not rely on such App, App Materials, User Content, or Services.

THE APP, THE APP MATERIALS, USER CONTENT, SERVICES, INFORMATION ANDOTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE APP ARE MADEAVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE APP IS ENTIRELY ATYOUR OWN RISK. ANAMEL AND ITS LICENSORS MAKE NO REPRESENTATIONS ORWARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITHRESPECT TO THE APP, THE USER CONTENT, THE APP MATERIALS, SERVICES,APP, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THEAPP, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OFDEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ASTO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE APP, THE APPMATERIALS, SERVICES, DATA AND OTHER MATERIALS ON, IN AND MADEAVAILABLE THROUGH THE APP, IS WITH YOU.

LIMITATION OF LIABILITY

ANAMEL AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, ORPUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES ORLOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, ORINABILITY TO USE THE APP, THE USER CONTENT, THE APP MATERIALS, SERVICES,DATA, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE APP,REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR ANAMEL HAD BEENADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IFTHE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ANAMEL AND ITSLICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH,BASED UPON, OR ARISING FROM THE APP, USER CONTENT, THE APP MATERIALSON, IN AND MADE AVAILABLE THROUGH THE APP, OR THE SERVICES, DATA OROTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICEPAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE APP AND THESERVICES AND APP. SOME STATES DO NOT ALLOW THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OFTHIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FORANY REASON, THEN THE TOTAL LIABILITY OF ANAMEL AND ITS LICENSORS SHALLNOT EXCEED TEN DOLLARS. If you are dissatisfied with the App or with any of theseTerms, or feel Anamel has breached these Terms, your sole and exclusive remedy is todiscontinue using the App.

INDEMNIFICATION

You shall indemnify Anamel and its directors, officers, employees, agents, contractors andlicensors (“Anamel Indemnitees”) against all claims, actions, suits, and other proceedings(“Claims”) arising out of or incurred in connection with the App and your use of the App, theApp Materials or any Services, product or data obtained through the App, your fraud,violation of law, negligence, willful misconduct, or any other use of the App, the UserContent, the App Materials, the Services, App, information and other materials on, in andmade available through the App, (except to the extent attributable to Anamel), or anybreach by you of these Terms and shall indemnify and hold Anamel Indemnities harmlessfrom and against all judgments, losses, liabilities, damages, costs, and expenses (includingreasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred inconnection with such Claims. You may not settle any Claim without the prior written consentof Anamel. Anamel or its licensors may assume the defense of any Claim, at your sole costand expense, and you shall cooperate in all reasonable respects in such defense. You shallhave the right to employ separate counsel in any Claim and to participate in the defensethereof. If Anamel or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable toAnamel, subject to the right of Anamel to assume, at their sole cost and expense, thedefense of any Claim at any time prior to the settlement or final determination thereof.

INTERNET SECURITY

Anamel uses reasonable efforts to ensure that the App is generally available. However,there will be occasions when access to the App will be interrupted or unavailable. Anamelwill use reasonable efforts to minimize such disruption where it is within its reasonablecontrol. You agree that Anamel shall not be liable to you for any modification, suspension,or discontinuance of the App. You understand that the technical processing andtransmission of any content may be transferred unencrypted and involve: (a) transmissionsover various networks; and (b) changes to conform and adapt to technical requirements ofconnecting networks or devices. Please be advised that we do not guarantee that anyinformation sent from our App will be secure during transmission, nor can we guarantee theconfidentiality of any communication or material transmitted to Anamel via the App or theinternet, including, for example, personal information such as your name or address.

COMPLAINT PROCEDURES

If you believe that any content or postings on the App violates your intellectual property orother rights, please notify Anamel via e-mail to info@anamelapp.com with a comprehensivedetailed message setting forth the following information: (a) your name and the name ofyour company, if any; (b) your contact information, including your e-mail address; (c) thenature and substance of your complaint, the specific rights at issue, and your basis formaking the complaint, including the content or posting that is objectionable; and (d) thefollowing statement: “The statements, representations, and assertions made in thismessage are true, complete, and accurate and I have the full legal authority to make eachand every such statement, representation, and assertion and to make and be granted anydemand made in this message.”

CHANGES TO THESE TERMS; TERMINATION

Anamel reserves the right at any time to modify, alter or update these Terms. Anamel willnotify you on the App or by email of any new or revised Terms, including informationregarding the location of the new or revised terms and conditions. Your use of the Appfollowing any changes means that you agree to follow and be bound by the terms aschanged. Any change to these Terms shall be effective as to any visitor who has visited theApp before the change was made. It is the obligation of users visiting the App before thechange to learn of changes to the Terms since their last visit. Anamel may suspend orterminate your account and/or your ability to use the App, or any Services on the App forfailure to comply with these Terms, for providing Anamel with untrue or inaccurateinformation about yourself, for infringement upon Anamel proprietary rights, or for any otherreason whatsoever or for no reason.

ASSIGNMENT

You may not transfer or assign any of your rights or obligations hereunder to any other partyin any manner (by assignment, operation of law or otherwise) unless you have obtainedwritten consent from Anamel. If you attempt to transfer or assign any of your rights orobligations hereunder without Anamel’s consent, the transfer or assignment will beineffective, null, and void (and you will be in material breach of these Terms).

DISPUTE RESOLUTION

You and Anamel each agree that any and all disputes or claims that have arisen or mayarise between you and Anamel relating in any way to or arising out of these Terms, youruse of or access to the App, shall be resolved exclusively through final and bindingarbitration, rather than in court, except that you may assert claims in small claims court, ifyour claims qualify and so long as the matter remains in such court and advances only onan individual (non-class, non-representative) basis. Quebec Arbitration Law governs theinterpretation and enforcement of this agreement to arbitrate. Arbitration uses a neutralarbitrator instead of a judge or jury, and court review of an arbitration award is very limited.However, an arbitrator can award the same damages and relief on an individual basis that acourt can award to an individual; and an arbitrator must also follow the terms of theseTerms, as a court would. All issues are for the arbitrator to decide, except that issuesrelating to arbitrability and the scope or enforceability of this agreement to arbitrate shall befor a court of competent jurisdiction to decide. The arbitrator, and not any federal or localcourt or agency, shall have exclusive authority to resolve any dispute arising out of orrelating to the interpretation, applicability, enforceability or formation of this agreement toarbitrate, any part of it, or of these Terms, including, but not limited to, any claim that all orany part of this agreement to arbitrate or these Terms is void or voidable. The arbitration willbe conducted by The Quebec National and International Commercial ArbitrationCenter.Arbitration shall be venued in Montreal City, Canada, unless Anamel, in its solediscretion, elects otherwise. If the value of the relief sought is $10,000 or less, you orAnamel may elect to have the arbitration conducted by telephone or based solely on writtensubmissions, which election shall be binding on you and Anamel subject to the arbitrator’sdiscretion to require an in-person hearing, if the circumstances warrant. In cases where anin-person hearing is held, you and/or Anamel may attend by telephone, unless the arbitratorrequires otherwise.

YOU AND ANAMEL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THEOTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION ORPROCEEDING. UNLESS BOTH YOU AND ANAMEL AGREE OTHERWISE, THEARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S ORPARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ACONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THEARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, ANDDECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKINGRELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEFNECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDEDCANNOT AFFECT OTHER ANAMEL USERS.

A party who intends to seek arbitration must first send to the other, by certified mail, acompleted form Notice of Dispute (“Notice”). A Notice to Anamel should be sent to Anamel,1201-1190 Mackay Street, Montreal QC, H3G 0G1, Canada. Anamel will send any Notice toyou to the physical address we have on file associated with your Anamel account; it is yourresponsibility to keep your physical address up to date. All information called for in theNotice must be provided, including a description of the nature and basis of the claims theparty is asserting and the relief sought. If you and Anamel are unable to resolve the claimsdescribed in the Notice within thirty days after the Notice is sent, you or Anamel may initiatearbitration proceedings. The party initiating the arbitration must mail a copy of thecompleted arbitration initiation form to the opposing party. In the event Anamel initiates anarbitration against you, it will send a copy of the completed form to the physical address wehave on file associated with your Anamel account. Any settlement offer made by you orAnamel shall not be disclosed to the arbitrator.

The arbitrator will decide the substance of all claims in accordance with the laws of Quebec,Canada, including recognized principles of equity, and will honor all claims of privilegerecognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involvingdifferent Anamel users, but is bound by rulings in prior arbitrations involving the sameAnamel user to the extent required by applicable law. The arbitrator’s award shall be finaland binding, and judgment on the award rendered by the arbitrator may be entered in anycourt having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees willbe governed by the rules of Quebec Arbitration Law, unless otherwise stated in thisAgreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request,Anamel will pay all filing, administration, and arbitrator fees associated with the arbitration.Any request for payment of fees by Anamel should be submitted by mail to The QuebecNational and International Commercial Arbitration Centeralong with your Demand forArbitration and Anamel will make arrangements to pay all necessary fees directly to TheQuebec National and International Commercial Arbitration Center. If the value of the reliefsought is more than $10,000 and you are able to demonstrate that the costs of accessingarbitration will be prohibitive as compared to the costs of accessing a court for purposes ofpursuing litigation on an individual basis, Anamel will pay as much of the filing,administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs ofaccessing arbitration from being prohibitive. In the event the arbitrator determines theclaim(s) you assert in the arbitration to be frivolous, you agree to reimburse Anamel for allfees associated with the arbitration paid by Anamel on your behalf that you otherwise wouldbe obligated to pay under the rules of Quebec Arbitration law. If an arbitrator or courtdecides that any part of this agreement to arbitrate is invalid or unenforceable, the otherparts of this Agreement to Arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice(“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days afterthe date you accept these Terms for the first time. You must complete the Opt-Out Noticeform by providing the information called for in the form, including your name, address(including street number and address, city, state, and zip code), phone number and theemail address(es) used to log in to the Anamel account(s) to which the opt-out applies. Youmust sign the Opt-Out Notice for it to be effective. This procedure is the only way you canopt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all otherparts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.Notwithstanding any provision in these Terms to the contrary, you and we agree that if wemake any amendment to this agreement to arbitrate (other than a change to any noticeaddress or website link provided herein) in the future, that amendment shall not apply to anyclaim that was filed in a legal proceeding between you and Anamel prior to the effectivedate of the change. The amendment shall apply to all other disputes or claims governed bythe agreement to arbitrate that have arisen or may arise between you and Anamel. We willnotify you of amendments to this agreement to arbitrate by posting the amended terms onthe App at least thirty days before the effective date of the amendments and by sendingnotice via email to your email address on file with us. If you do not agree to the amendedterms, you may close your account within the thirty day period and you will not be bound bythe amended terms.

WHY A BEAUTICIAN CAN BE BANNED FROM ANAMEL

If you are a Beautician, and your account is temporarily blocked or deactivated, it limits yourability to earn income. That’s why we believe it is important to have clear policies thatexplain the circumstances in which you may be denied access to Anamel, and how (if at all)you can use the app again. There will always be unforeseen events that may ultimately leadto you losing access to your Beautician account — and we’ll update this policy regularly —but the following are sufficient cause for Anamel to take action: quality; safety; fraud; anddiscrimination.

ASSIGNMENT

If you are a Beautician, and your account is temporarily blocked or deactivated, it limits yourability to earn income. That’s why we believe it is important to have clear policies thatexplain the circumstances in which you may be denied access to Anamel, and how (if at all)you can use the app again. There will always be unforeseen events that may ultimately leadto you losing access to your Beautician account — and we’ll update this policy regularly —but the following are sufficient cause for Anamel to take action: quality; safety; fraud; anddiscrimination.

Quality-1

Customers who use Anamel expect their Beauticians to arrive on time, and also to becourteous and professional. The higher the quality of the service, the more customers wantto purchase Services, which in turn means more opportunities for Beauticians to earnmoney. Poor service has the opposite effect over time. There are several ways we measureBeautician quality, with the most important being Star Ratings and Cancellation Rate.

Star Ratings-1

After every service, Beauticians and customers are able to rate each other on a scale ofone to five stars, as well as give feedback on how the service went. This two-way systemholds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for both Beauticians and customers. What leads to you losing access to your account?

There is a minimum average rating in each city. This is because there are culturaldifferences in the way people in different cities rate each other. We will alert you over time ifyour rating is approaching this limit, and you’ll also get information about qualityimprovement actions that may help you improve. However, if your average rating still fallsbelow the minimum after multiple notifications, you will lose access to your account.

Cancellation Rate

A Beautician cancellation is when you accept an appointment request and then cancel theservice. Cancellations create a poor customer experience and negatively affect otherBeauticians. We understand that there may be times when something comes up and youhave to cancel an accepted appointment. But minimizing cancellations is critical for thereliability of the system.

What leads to you losing access to your account?

Each city has a maximum cancellation rate, based on the average cancellation rate ofBeauticians in that area. We will alert you multiple times if your cancellation rate is muchhigher or if you are consistently canceling more often than other Beauticians in your city,after which you may be logged out of the app. If your cancellation rate continues to exceedthe maximum limit, you may lose access to your account.

Quality-2

High acceptance rates are a critical part of reliable, high-quality service, but not acceptingappointment requests does not lead to permanent loss of your account.

Consistently accepting appointment requests helps maximize earnings for Beauticians andkeeps the system running smoothly. We know that sometimes things come up that preventyou from accepting every appointment request, or you may want to take a break. But notaccepting appointment requests causes delays and degrades the reliability of the system. Ifyou don’t want to accept appointments, just log off.

If you consistently decline appointment requests, we will assume you do not want to acceptmore Services and you may be logged out of the app.

Safety

Anamel uses technology to keep Beauticians and customers safe, for instance by GPS-tracking every appointment and allowing customers to share their journeys in real time withfamilies or friends. This is all backed up by a robust system of pre-screenings ofBeauticians. We also have a dedicated incident response team on call 24/7 to investigatesafety incidents.

Actions that threaten the safety of Beauticians and customers will be investigated and, ifconfirmed, lead to permanent deactivation of your account.

What leads to you losing access to your account?

If we are made aware of this type of problematic behavior, we may contact you so we caninvestigate them. Depending on the nature of the concern, we may put a hold on youraccount during our investigation. If the issues raised are serious or a repeat offense or yourefuse to cooperate, you may lose access to Anamel. Any behavior involving violence,sexual misconduct, harassment, discrimination, or illegal activity while using Anamel canresult in the immediate loss of your account. Anamel will also deactivate the account of anyBeautician who receives several or serious complaints of poor, unsafe, or distractedServices while using Anamel app. Additionally, when law enforcement is involved, we willcooperate with their investigation.

Zero Tolerance for Drugs and Alcohol

Anamel does not tolerate the use of drugs or alcohol by partners while providing Services.

What leads to you losing access to your account?

The account of any Beautician found to be under the influence of drugs or alcohol whileusing Anamel app will be permanently deactivated. Anamel may also deactivate theaccount of any Beautician who receives several unconfirmed complaints of drug or alcoholuse.

Compliance with the Law

We expect Beauticians using the Anamel app to act in compliance with all relevant state,federal and local laws and the rules of the road at all times.

What leads to you losing access to your account?

Anamel may permanently deactivate your account for activities such as: engaging in seriousillegal activity while using the Anamel app; and not maintaining valid licenses while usingthe Anamel app.

Firearms Ban

Anamel prohibits Beauticians and customers from carrying firearms in a vehicle while usingour app. If you violate Anamel’s firearms prohibition policy, you may lose access to Anamel.

Unacceptable Activities

To maintain the transparency and safety of each appointment for all users, activitiesconducted outside of Anamel’s system — like anonymous Services — are prohibited.

What leads to you losing access to your account?

We will take action against a Beautician for activities such as: upselling additional Serviceswhile using the Anamel app; harming the business or brand, like unauthorized use ofAnamel‘s trademark or intellectual property, or otherwise violating the Beauticians’agreement with Anamel; and soliciting payment of Services outside the Anamel system.

Fraud

Fraudulent activity undermines the trust on which Anamel is built. That’s why we areconstantly on the lookout for fraud by customers and Beauticians who are gaming oursystems.

What leads to you losing access to your account?

We will deactivate any account or accounts associated with fraudulent activity, which mayinclude: accepting appointments without the intention to complete, including provokingcustomers to cancel; creating dummy customer or Beautician accounts for fraudulentpurposes; claiming fraudulent fees or charges, like false setup fees; and intentionallyaccepting or completing fraudulent or falsified appointments.

Accurate Personal Information

We have a zero tolerance policy towards discrimination of any kind at Anamel.

What leads to you losing access to your account?

It is unacceptable to refuse to provide Services based on characteristics like a person’srace, color, religion, national origin, disability, sexual orientation, sex, marital status, genderidentity, age or any other characteristic protected under relevant federal, state, or local law.Actions like these may result in permanent deactivation of your account.

Discrimination

We have a zero tolerance policy towards discrimination of any kind at Anamel.

What leads to you losing access to your account?

It is unacceptable to refuse to provide Services based on characteristics like a person’srace, color, religion, national origin, disability, sexual orientation, sex, marital status, genderidentity, age or any other characteristic protected under relevant federal, state, or local law.Actions like these may result in permanent deactivation of your account.

Miscellaneous

The App is controlled and operated from within Canada. Without limiting anything else,Anamel makes no representation that the App, App Materials, User Content, Services, information or other materials available on, in, or through the App is appropriate or availablefor use in other locations, and access to them from territories where they are illegal isprohibited. Those who choose to access the App from other locations do so on their ownvolition and are responsible for compliance with the applicable laws. The waiver or failure ofAnamel to exercise in any respect any right provided hereunder shall not be deemed awaiver of such right in the future or a waiver of any of other rights established under theseTerms. Headings used in these Terms are for reference only and shall not affect theinterpretation of these Terms. No person or entity not party to this agreement will bedeemed to be a third party beneficiary of these Terms or any provision hereof. When usedherein, the words “includes” and “including” and their syntactical variations shall be deemedfollowed by the words “without limitation.”