Terms of Use

1. Definitions

The following terms have the meaning given to them below wherever they appear in this agreement:

2. SWAYED's Role

The SWAYED Platform is a marketplace that facilitates connections between Clients and independent Stylists. SWAYED does not provide hairstyling or hair care services. SWAYED is not a party to the service contract between a Client and a Stylist, and is not an employer, agent, insurer, or guarantor of any Stylist or any Third-Party Service.

Each Stylist is solely responsible for the services they provide. SWAYED does not endorse, warrant, or guarantee the quality, safety, legality, or suitability of any Listing, Stylist, or Third-Party Service.

3. Eligibility and Account Registration

3.1 Eligibility

To create an account and use the SWAYED Platform, you must:

• Be at least 18 years of age, or 13 years of age with verified parental or guardian consent
• Have the legal capacity to enter into a binding contract in your jurisdiction
• Not have been previously suspended or removed from the SWAYED Platform
• Comply with all applicable laws in your jurisdiction when using the Platform

3.2 Account creation

You must provide accurate, complete, and current information when creating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at customercare@getswayed.site if you suspect unauthorized access to your account.

You may not create more than one personal account. SWAYED reserves the right to verify the identity of any Member and to suspend or terminate accounts that contain false or misleading information.

3.3 Stylist verification

Stylists must complete SWAYED's profile verification process before publishing a Listing or accepting Bookings. This process may include submission of professional credentials, specialization documentation, portfolio photos, and acceptance of SWAYED's Stylist Community Guidelines. SWAYED does not guarantee the completeness or accuracy of any Stylist's self-reported credentials.

4. Hair Profile Data and the SWAYED Dataset

Clients may voluntarily create a Hair Profile on the SWAYED Platform to improve stylist matching. By creating a Hair Profile, you acknowledge and agree that:

• Your Hair Profile data is personal information and is governed by SWAYED's Privacy Policy, which is incorporated into these Terms by reference
• Your Hair Profile is used primarily to match you with Stylists who specialize in your hair type and needs
• With your separate and explicit consent, anonymized Hair Profile data may contribute to SWAYED's proprietary Afro Hair Dataset, used to improve our AI matching algorithm and, in the future, to support research and product development partnerships
• Contributing to the dataset is always optional. Declining will not affect your ability to use SWAYED or receive stylist matches
• You may access, correct, or delete your Hair Profile data at any time through your account settings or by contacting customercare@getswayed.site

For full details on how Hair Profile data is collected, anonymized, stored, and used, including your rights under Canadian, U.S., and EU law, please review the Privacy Policy.

5. Member Conduct and Prohibited Uses

5.1 General conduct

All Members agree to use the SWAYED Platform in good faith, in compliance with applicable law, and in a manner that respects the rights and dignity of other Members. SWAYED is a community-centred platform built for the Afro and textured hair community, and we expect all Members to contribute to a safe, respectful, and inclusive environment.

5.2 Prohibited conduct

You must not:

• Provide false, inaccurate, or misleading information in your account, Listing, or Hair Profile
• Impersonate any person or entity, or misrepresent your professional qualifications or experience
• Use the Platform to solicit or conduct transactions outside of SWAYED (circumvention), including arranging off-platform bookings with Members you met through SWAYED
• Post, transmit, or share Content that is discriminatory, harassing, defamatory, obscene, threatening, or unlawful
• Use the Platform in any way that could harm, disable, overburden, or impair its infrastructure or security
• Scrape, crawl, or extract data from the Platform by automated means without SWAYED's express written permission
• Reproduce, sell, or redistribute any Content or data from the Platform for commercial purposes
• Use the Platform to engage in fraud, money laundering, or any other illegal activity
• Post or transmit unsolicited commercial messages (spam) to other Members
• Collect or harvest personal information about other Members without their consent

5.3 Stylist-specific obligations

Stylists additionally agree to:

• Maintain accurate, up-to-date Listings including pricing, availability, and specializations
• Hold any professional licenses, insurance, or certifications required by applicable law in their jurisdiction
• Provide services in a professional, safe, and timely manner consistent with their Listing
• Honour confirmed Bookings or provide adequate notice and facilitation of rescheduling in cases of unavoidable cancellation
• Not discriminate against any Client on the basis of race, ethnicity, gender, religion, disability, sexual orientation, national origin, or any other protected ground

5.4 Enforcement

SWAYED reserves the right, in its sole discretion, to remove any Content, suspend or terminate any Member account, or take any other action it deems appropriate in response to a violation of these Terms or SWAYED's Community Guidelines. SWAYED may, but is not obligated to, provide advance notice of enforcement action.

6. Content: Reviews, Comments, and Member Submissions

6.1 Your Content

Members may post reviews, ratings, photos, and other Content on the SWAYED Platform. You represent and warrant that:

• You own or have the necessary rights and permissions to post the Content
• The Content does not infringe any third-party intellectual property rights, including copyright, trademark, or privacy rights
• The Content is accurate, genuine, and reflects your honest experience
• The Content does not contain false, defamatory, harassing, discriminatory, or unlawful material
• The Content will not be used to solicit business outside of SWAYED or to promote competing platforms

6.2 License to SWAYED

By posting Content on the SWAYED Platform, you grant SWAYED a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and display that Content in connection with operating and promoting the SWAYED Platform, for the duration of your account or until the Content is removed. You retain ownership of your Content.

6.3 SWAYED's moderation rights

SWAYED does not pre-screen Content but reserves the right to remove or edit any Content at any time, without notice, that it reasonably determines to be in violation of these Terms, applicable law, or the spirit of the SWAYED community. SWAYED is not liable for any Content posted by Members.

7. Fees, Payments, and Commissions

7.1 Platform Fee (Clients)

A Platform Fee is charged to Clients at the time of each Booking. The Platform Fee ranges from $1.99 to $3.99 CAD per Booking depending on seasonal pricing, service category, or other factors determined by SWAYED. The applicable Platform Fee for each Booking will be clearly displayed to the Client on the checkout screen before the Booking is confirmed.

The Platform Fee is non-refundable except where a Booking is cancelled by the Stylist or where SWAYED determines, at its sole discretion, that a refund is warranted due to a platform error.

7.2 Commission (Stylists)

SWAYED retains a commission of 9% of the service price for each completed Booking. Commission is automatically deducted from the Stylist's payout at the time of disbursement. The applicable commission rate will always be clearly disclosed in the Stylist's account dashboard.

Early-Bird Commission Promotion: The first 20 Stylists who joined SWAYED on or after June 24, 2024 and completed full profile verification are eligible for a 0% commission rate for their first three (3) months on the Platform. After this period, the standard 9% commission applies. This promotion is non-transferable and may be revoked if the Stylist violates these Terms.

7.3 Subscription tiers (coming Fall 2026)

SWAYED intends to introduce optional subscription tiers for both Clients and Stylists in or around Fall 2026. These subscriptions will be voluntary and may offer enhanced features, reduced Platform Fees, priority matching, or other benefits. Pricing, terms, and features for each subscription tier will be disclosed in full before launch and will not affect existing Bookings or the base functionality of the Platform for non-subscribing Members.

SWAYED will provide at least 30 days' advance written notice to registered Members before any subscription product is made available or any subscription-related changes take effect.

7.4 Payment processing

Payments on the SWAYED Platform are processed by a third-party payment processor (currently Stripe). By making or receiving payments through the Platform, you agree to Stripe's Terms of Service and Privacy Policy. SWAYED does not store credit card numbers or other payment credentials on its servers. All payment data is encrypted and handled in accordance with PCI-DSS standards by the payment processor.

7.5 Cancellations and refunds

The following cancellation policy applies to all Bookings:

• Free cancellation: Clients may cancel a Booking at no charge if the cancellation is made more than 24 hours before the scheduled appointment time
• Late cancellation fee: If a Client cancels a Booking within 24 hours of the scheduled appointment, SWAYED will process a refund of the service price less the payment processing costs incurred (currently Stripe's standard refund processing fee, which varies). The Platform Fee is non-refundable in all cases of Client-initiated cancellation
• Stylist-initiated cancellation: If a Stylist cancels a confirmed Booking, the Client will receive a full refund of the service price and Platform Fee. SWAYED will notify the Client as soon as possible and assist with finding an alternative Stylist
• No-show: If a Client fails to appear for a confirmed Booking without cancelling, no refund will be issued

SWAYED reserves the right to update the cancellation policy. Material changes will be communicated with at least 30 days' notice and will not apply retroactively to existing Bookings.

7.6 Fee changes

SWAYED reserves the right to change Platform Fees, Commission rates, or introduce new fee structures at any time. SWAYED will provide Members with at least 30 days' written notice of any fee changes. Fee changes will not affect Bookings confirmed prior to the effective date of the change.

7.7 Taxes

Members are solely responsible for determining and fulfilling their own tax obligations arising from their use of the SWAYED Platform. Stylists are independent contractors and are responsible for remitting any applicable income tax, HST, GST, QST, or other tax obligations in their jurisdiction. SWAYED does not provide tax advice.

8. Promotions and Discount Codes

8.1 WELCOME10 — Client promotion

The WELCOME10 promotional code grants a $10 CAD discount on the first Booking for the first 100 new Clients who create a SWAYED profile. Eligibility conditions:

• Available to new Clients only (one per person, one per account)
• Must be applied at checkout at the time of the first Booking
• If the Booking is modified or cancelled, the discount code remains valid for reuse within 90 days of account creation
• The discount does not apply to the Platform Fee
• SWAYED reserves the right to revoke this offer if fraud or misuse is suspected
• Offer void where prohibited by law

8.2 General promotions

SWAYED may from time to time offer additional promotions, discount codes, or referral incentives. All promotions are subject to their specific terms and conditions as communicated at the time of the offer, and may be modified or withdrawn at SWAYED's discretion. Promotions are non-transferable and have no cash value unless expressly stated.

9. Intellectual Property

9.1 SWAYED's intellectual property

All intellectual property rights in and to the SWAYED Platform — including the website, application, design, branding, software, algorithms (including the AI matching algorithm and Afro Hair Dataset), text, graphics, logos, and other content created by SWAYED — are owned by or licensed to 16064469 Canada Inc. All rights are reserved.

You may not reproduce, copy, distribute, sell, sublicense, reverse-engineer, or create derivative works from any part of the SWAYED Platform or its content without SWAYED's express prior written consent.

9.2 The Afro Hair Dataset

The anonymized Afro Hair Dataset compiled by SWAYED from Member Hair Profiles (in accordance with the Privacy Policy and with Member consent) constitutes proprietary data and a trade secret of SWAYED. No right, title, or interest in the dataset is granted to any Member or third party except as expressly set out in a separate written agreement with SWAYED.

9.3 Feedback

If you provide SWAYED with feedback, suggestions, or ideas about the Platform, you grant SWAYED a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without any obligation to you.

10. Messaging and Communications

10.1 Transactional communications

By creating an account, you consent to receiving transactional communications from SWAYED by email and, where you have provided a mobile number and opted in, by SMS. Transactional messages include booking confirmations, reminders, cancellation notices, receipts, and account security alerts. These messages are necessary to provide the service and you may not opt out of them while maintaining an active account.

10.2 Marketing communications

With your separate consent, SWAYED may send you marketing communications about new features, promotions, stylist spotlights, and platform updates. You may opt out of marketing communications at any time by clicking "Unsubscribe" in any email, by texting STOP in response to any SMS, or by updating your notification preferences in your account settings.

10.3 SMS messaging terms

If you opt in to SMS messages from SWAYED, you agree to receive recurring automated text messages from The SWAYED Team. Message frequency varies. Standard message and data rates from your mobile carrier may apply. Your consent to receive marketing messages is not a condition of using the Platform or making a Booking.

To unsubscribe from SMS messages, reply STOP at any time. To request help, reply HELP or contact customercare@getswayed.site. Carriers are not liable for delayed or undelivered messages.

If you change or transfer your mobile number, you must notify us at customercare@getswayed.site or reply STOP from your original number before doing so.

SWAYED reserves the right to change or terminate its SMS program at any time with reasonable notice.

10.4 In-platform messaging

SWAYED provides a messaging feature to facilitate communication between Clients and Stylists in connection with Bookings. You must not use in-platform messaging to solicit off-platform transactions, share personal contact information for the purpose of circumventing SWAYED, or send harassing, abusive, or unsolicited messages. SWAYED may monitor in-platform messages for safety, fraud prevention, and policy compliance purposes, as described in the Privacy Policy.

11. Third-Party Links and Services

The SWAYED Platform may contain links to third-party websites or services (such as payment processors, social media platforms, or partner tools). SWAYED does not control, endorse, or assume responsibility for any third-party content, products, services, or privacy practices. Your use of any third-party service is subject to that party's own terms and privacy policy. SWAYED encourages you to review the privacy policies of any third-party services you access through the Platform.

12. Disclaimers

The SWAYED Platform and all its content are provided "as is" and "as available," without warranty of any kind, express or implied. To the fullest extent permitted by applicable law, SWAYED disclaims all warranties, including but not limited to:

• Any warranty that the Platform will be uninterrupted, error-free, or free of harmful components
• Any warranty as to the accuracy, completeness, or reliability of any Content or information on the Platform
• Any warranty that a Stylist is qualified, licensed, insured, or suitable for a particular Client's needs
• Any warranty as to the outcome or quality of any Third-Party Service booked through the Platform

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, warranty, right, or remedy that cannot be excluded or limited under applicable Canadian law or the laws of any jurisdiction in which you reside.

13. Limitation of Liability

To the maximum extent permitted by applicable law, SWAYED (including its affiliates, officers, directors, employees, agents, and licensors) will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, goodwill, or business opportunities
• Service interruptions or platform downtime
• Personal injury, property damage, or emotional distress arising from a Third-Party Service
• Unauthorized access to or alteration of your account or Content
• Any act or omission of a Stylist, Client, or other third party

In any case where SWAYED is found liable for direct damages arising out of or related to these Terms or your use of the Platform, SWAYED's total aggregate liability to you will not exceed the greater of: (a) the total Platform Fees you paid to SWAYED in the 12 months preceding the claim; or (b) CAD $100.

14. Indemnification

You agree to indemnify, defend, and hold harmless SWAYED, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of or inability to use the SWAYED Platform
• Your violation of these Terms or any applicable law
• Your Content, including any claims that your Content infringes a third party's rights
• Any service you provide or receive through the Platform (as applicable to Stylists and Clients respectively)
• Any dispute between you and another Member

15. Dispute Resolution

15.1 Good-faith resolution

SWAYED is committed to resolving disputes fairly and amicably. If you have a dispute with SWAYED or with another Member in connection with the Platform, we encourage you to contact us first at customercare@getswayed.site. SWAYED will make reasonable efforts to respond within 5 business days and to work with you toward a fair resolution.

15.2 Mediation

If a dispute cannot be resolved informally within 30 days of written notice from either party, either party may refer the dispute to non-binding mediation administered by a mutually agreed mediator or, failing agreement, by the ADR Institute of Canada. The costs of mediation will be shared equally between the parties unless otherwise agreed. Mediation will be conducted in the English or French language, at the election of the initiating party, and will take place in a mutually agreed location or via videoconference.

15.3 Governing law and courts

If mediation does not resolve the dispute within 60 days of the mediation referral (or such longer period as the parties may agree), either party may pursue the matter before the courts. These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario, Canada for the resolution of any dispute that is not resolved through mediation, without regard to conflict of law principles.

15.4 No class actions

To the extent permitted by applicable law, you agree that any dispute will be resolved on an individual basis only and not as part of any class, collective, or representative proceeding. This does not apply where prohibited by mandatory law.

16. Account Suspension and Termination

16.1 Termination by you

You may close your account at any time by contacting customercare@getswayed.site or using the account deletion feature in your settings. Upon account deletion, your personal information will be handled in accordance with the Privacy Policy. Outstanding Bookings or financial obligations at the time of account closure remain enforceable.

16.2 Suspension or termination by SWAYED

SWAYED may suspend or permanently terminate your account, with or without notice, if:

• You materially breach these Terms or SWAYED's Community Guidelines
• Your use of the Platform creates legal, regulatory, or reputational risk for SWAYED
• We are required to do so by law, court order, or regulatory authority
• Your account has been inactive for an extended period and you have no pending Bookings or obligations

Where feasible, SWAYED will provide advance notice and an opportunity to address the issue before termination. Stylists whose accounts are terminated for cause will receive any outstanding earnings for completed Bookings before the termination date, less any amounts owed to SWAYED.

16.3 Effect of termination

Upon termination of your account, your right to access and use the Platform ceases immediately. Sections of these Terms that by their nature should survive termination — including Sections 6.2 (Content license), 9 (Intellectual Property), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), and 17 (General Provisions) — will continue to apply.

17. Cookies

The SWAYED Platform uses cookies and similar tracking technologies to maintain your login session, remember your preferences, and analyze how the Platform is used. By using the Platform, you consent to our use of cookies in accordance with the Privacy Policy. You may control cookies through your browser settings, though disabling certain cookies may affect Platform functionality.

18. Changes to These Terms

SWAYED may update these Terms from time to time to reflect changes in our services, legal requirements, fee structures, or expansion into new markets. When we make material changes, we will:

• Post the updated Terms on the Platform with a new effective date
• Notify registered Members by email at least 30 days before the changes take effect
• Where required, obtain fresh consent for material changes that affect your rights

Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Platform and may delete your account.

19. General Provisions

19.1 Entire agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific services or promotions (as communicated at the relevant time), constitute the entire agreement between you and SWAYED regarding your use of the Platform and supersede all prior agreements, representations, or understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

19.3 No waiver

SWAYED's failure to enforce any provision of these Terms on any occasion does not constitute a waiver of its right to enforce that provision in the future.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without SWAYED's prior written consent. SWAYED may assign these Terms or any of its rights or obligations hereunder to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to Members as required by the Privacy Policy.

19.5 Force majeure

SWAYED will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, labour disputes, internet outages, power failures, government actions, or pandemics.

19.6 Language

These Terms are written in English. Where required by applicable law, SWAYED will make a French version available. In the event of any conflict between the English and French versions, the English version will prevail, except where prohibited by law (including the Charter of the French Language in Quebec).

19.7 Contact

For any questions about these Terms, to report a violation, or to exercise your rights, please contact:

SWAYED — No Texture Left Behind.