Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Deltabyte Technology LLC DBA The Local Gem (“Company,” “we,” “us,” or “our”), governing your access to and use of the website thelocalgem.com and related applications (collectively, the “Platform”).

1.1 Eligibility

To use the Platform, you must:

• Be at least 18 years old, or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Platform under applicable law
• Provide accurate and complete registration information

1.2 Changes to Terms

We may modify these Terms at any time. When we make material changes, we will notify you by email or through the Platform. Your continued use after changes become effective constitutes acceptance of the modified Terms.

The Local Gem is a beauty and wellness marketplace that connects customers with salons, spas, and beauty professionals. Our Platform provides:

3.1 Account Registration

To access certain features, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Create only one account per person or business
• Not share your account credentials with others

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Notify us immediately of any unauthorized access
• Log out from shared devices after use
• Accept responsibility for activities on your account

3.3 Account Suspension & Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or harm other users or the Platform.

4.1 Visitors (Customers)

As a Visitor using our Platform, you agree to:

• Write honest, accurate reviews based on genuine experiences
• Treat business owners and staff with respect
• Honor booking appointments or cancel in a timely manner
• Not engage in harassment, discrimination, or abusive behavior
• Pay for services as agreed with businesses

4.2 Business Owners

As a Business Owner using our Platform, you agree to:

• Provide accurate, up-to-date business information
• Maintain valid business licenses and certifications as required by law
• Respond to booking requests promptly
• Deliver services as advertised
• Handle customer data in compliance with applicable privacy laws
• Not manipulate reviews or ratings
• Comply with all applicable local, state, and federal laws

4.3 Claiming a Business

If you claim ownership of a business listing, you represent that you are authorized to do so. We may require verification of your ownership before granting access.

You agree not to use the Platform in any way that violates these Terms or applicable law.

5.1 Prohibited Activities

6.1 Our Content

The Platform and its original content (excluding user-generated content), features, and functionality are owned by The Local Gem and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of content you submit to the Platform (reviews, photos, messages). However, by posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content on the Platform.

6.3 Content Standards

All content you submit must:

• Be accurate and not misleading
• Not infringe on any third-party rights
• Not contain illegal, harmful, or offensive material
• Not include personal information of others without consent

6.4 DMCA Notice

If you believe content on the Platform infringes your copyright, please send a DMCA takedown notice to legal@thelocalgem.com with:

• Your contact information
• Description of the copyrighted work
• Location of the infringing content on our Platform
• Statement of good faith belief
• Your signature (electronic or physical)

7.1 Review Guidelines

Reviews are a vital part of our community. To maintain trust:

• Be Honest: Only review businesses you have genuinely visited
• Be Specific: Describe your actual experience
• Be Respectful: Avoid personal attacks or offensive language
• Disclose Incentives: If you received any incentive for a review, disclose it

7.2 Prohibited Reviews

• Reviews for businesses you haven't visited
• Reviews written by business owners about their own business
• Reviews by competitors intended to harm a business
• Reviews that contain threats, hate speech, or personal information

7.3 Review Removal

We reserve the right to remove reviews that violate our guidelines. Business owners may flag reviews for our review, but cannot directly remove genuine customer feedback.

8.1 Booking Process

The Platform facilitates bookings between customers and businesses. When you book:

• You enter into an agreement directly with the business
• The Local Gem is not a party to this agreement
• Terms and conditions of the business apply

8.2 Cancellations & No-Shows

• Cancellation policies are set by individual businesses
• Please cancel appointments as early as possible
• Repeated no-shows may result in account restrictions

8.3 Service Quality

9.1 Payment Processing

Payments are processed through Stripe, a third-party payment processor. By making payments through the Platform, you agree to Stripe's terms of service.

9.2 Platform Fees

• Visitors: Basic features are free to use
• Business Owners: Basic listing is free; premium features may require subscription
• Booking Fees: May apply to certain transactions as disclosed

9.3 Refunds

• Refund policies for services are determined by individual businesses
• Platform subscription refunds are handled according to our refund policy
• Disputed charges should first be addressed with the business

9.4 Currency & Taxes

All prices are in USD unless otherwise stated. You are responsible for any applicable taxes on your purchases.

10.1 Consent to Receive SMS

By checking the SMS opt-in box and providing your mobile phone number, you consent to receive automated text messages from Deltabyte Technology LLC DBA The Local Gem at the phone number provided. These messages are strictly limited to the following categories:

• Account Notifications: Security alerts, password resets, and verification codes.
• Bookings & Appointments: Confirmations, reminders, rescheduling, and cancellation notices.
• Transactions: Information regarding payments, receipts, or billing issues.

10.2 Message Frequency & Rates

Message frequency varies based on your activity and interactions with the Platform (e.g., number of bookings made). Standard message and data rates may apply depending on your mobile carrier plan. Deltabyte Technology LLC is not responsible for any charges incurred from your carrier.

10.3 Opt-Out & Unsubscribe

You may opt out of SMS communications at any time.

• To Opt-Out: Reply STOP to any message received from us.
• Confirmation: After sending STOP, you will receive one final confirmation message. No further SMS communications will be sent unless you explicitly opt in again.

10.4 Help & Support

For assistance with SMS messages, reply HELP to any message or contact us at support@thelocalgem.com.

10.5 Carrier Liability Disclaimer

11.1 Premium Membership Tiers

The Local Gem offers a Premium Membership for business owners that provides enhanced features and visibility. Premium membership includes two tiers of benefits:

11.2 Verification Requirements

To be eligible for Verified status and receive the Premium and Vetted badges, your business listing must meet the following requirements:

• Minimum Photos: At least 5 high-quality photos of your business, services, or work
• Complete Profile: Accurate business name, category, location, and contact information
• Service Listings: At least one service with pricing and duration
• Quality Standards: Photos must be appropriate, non-offensive, and represent your actual business

11.3 Verification Process

After purchasing a Premium membership:

• Your listing becomes active immediately with basic features
• Our team reviews your listing for quality and completeness
• If approved, you receive the Premium badge, Vetted badge, and priority search placement
• If additional information is needed, we will contact you via email
• Verification decisions are typically made within 1-3 business days

11.4 Verification Rejection

Common reasons for verification rejection include:

• Insufficient photos (fewer than 5)
• Inappropriate or misleading content
• Incomplete business information
• Business category doesn't match our platform focus

If rejected, you may update your listing and request re-verification by adding the required content and contacting support.

11.5 Premium Badge Display

The Premium and Vetted badges are earned distinctions that signify:

• Premium Badge (Gold): Indicates an active paid membership
• Vetted Badge (Blue): Indicates the listing has been reviewed and verified by our team

Badges are displayed only to businesses that maintain an active paid membership AND have passed our verification review. Badges may be removed if a business violates our Terms of Service or Community Guidelines.

11.6 Refund Policy for Premium

Premium membership purchases are generally non-refundable. However, if your verification is rejected and you feel this was in error, you may request a review by contacting support@thelocalgem.com within 14 days of purchase.

We do not warrant that:

• The Platform will be uninterrupted, secure, or error-free
• Results obtained from the Platform will be accurate or reliable
• Any content on the Platform is accurate, complete, or current
• Businesses listed on the Platform are licensed, qualified, or trustworthy

No Professional Advice: Content on the Platform is for informational purposes only and does not constitute professional, medical, or legal advice.

In no event shall our total liability exceed the greater of:

• The amount you paid to The Local Gem in the 12 months preceding the claim, or
• One hundred dollars ($100 USD)

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless The Local Gem and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of a third party
• Content you submit to the Platform
• Your conduct in connection with the Platform

15.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@thelocalgem.com to attempt to resolve the dispute informally. We will work with you in good faith to resolve any issues within 30 days.

15.2 Binding Arbitration

If we cannot resolve the dispute informally, you agree that any dispute arising from these Terms or the Platform will be resolved through binding arbitration, rather than in court, except that you may bring claims in small claims court if eligible.

15.3 Class Action Waiver

15.4 Governing Law

These Terms and any dispute arising from them shall be governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

16.1 By You

You may delete your account at any time through your account settings or by contacting us. Upon deletion, your data will be handled according to our Privacy Policy.

16.2 By Us

We may suspend or terminate your account at any time for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Conduct harmful to other users or the Platform
• Extended period of inactivity

16.3 Effect of Termination

Upon termination:

• Your right to use the Platform ceases immediately
• We may delete your content and data
• Provisions that should survive termination will continue in effect
• Outstanding obligations remain due

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Billing Policy, constitute the entire agreement between you and Deltabyte Technology LLC regarding the Platform.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 No Agency

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and The Local Gem.

17.6 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

If you have questions about these Terms or need to contact us for any reason:

We aim to respond to all inquiries within 48-72 hours.