Software Licence Agreement

Last Updated: 29 October, 2026

Get Blys Inc. (“Blys”, “we”, “us”, or “our”) operates the website www.getblys.com (the “Site”) and offers a marketplace for you to offer services, including but not limited to massage and beauty, to third-party customers through the Site or mobile application (collectively, with the Site and Blys mobile application, the “Platform”). These Service Provider Terms and Conditions (together with all linked and referenced policies herein, this “Agreement”) constitute a legally binding contractual agreement between Blys and the individual user or the entity you represent (“you” or “your”) and govern your access or use of the Platform.

Blys’s Privacy Policy applies to your use of the Platform, and its terms are hereby incorporated into this Agreement by reference.

By accepting this Agreement, registering an account, or accessing or using the Platform, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, sole proprietorship, or other legal entity: (i) you represent and warrant that you have the full legal authority to bind such entity to this Agreement; (ii) “you” and “your” will refer and apply to that entity, as well as to any individual accessing the Platform on its behalf; (iii) you are fully responsible and liable for all acts, omissions, conduct, and compliance with this Agreement by your employees, contractors, officers, directors, agents, representatives, and affiliates (collectively, “Personnel”) who access the Platform or provide Services on your behalf; (iv) any reference to your acts, omissions, obligations, or liability under this Agreement shall be deemed to include those of your Personnel; and (v) a breach of this Agreement by your Personnel will be deemed a direct breach by you. If you do not have such authority, or if you do not agree with all of these terms, you must not accept this Agreement and may not access or use the Platform. You understand and agree that this Agreement may be updated or amended by us from time to time as set forth in this Agreement.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS. PLEASE REVIEW SECTION 17 CAREFULLY.

  1. Definitions. Capitalized terms not defined in this Section have the definition set out elsewhere in this Agreement.
    1. 1.1 “Booking” means a Booking Request (as defined below) a Service Provider accepts.
    2. 1.2 “Booking Request Details” means the details the Customer has entered into the Booking Request including but not limited to the details of the property where the Service (as defined below) will be provided as determined by the Customer (the “Property”), the requested time and date of the Service, the type of Service required, the preferred gender of the Service Provider, preferred booking time, and the Customer’s contact details.
    3. 1.3 “Customer” means an individual user or corporate user that makes a Booking Request.
    4. 1.4 “Equipment” means equipment required by the Service Provider to complete the Service, including but not limited to, a massage table, massage oils and towels.
    5. 1.5 “Intellectual Property Rights” means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity.
    6. 1.6 “Service Fee” means the amount established by you (or agreed upon between you and the Customer) payable by a Customer to you, and collected by the Blys platform on your behalf, which can be subject to change if the Customer changes the Booking Request Details of the Service. The Service Fee is determined by a variety of factors such as the type of the Service, duration of the Service, location of the Property, and booking date and time.
    7. 1.7 “Service Provider” means an independent individual (including a person trading under a business name) or entity that uses the Platform to offer their services or products to clients, including you and other individuals or entities that offer Services.
    8. 1.8 “Site Content” means all material, content and information made available on the Platform and/or Blys’ official social media accounts, including but not limited to reviews and ratings provided by you, other users of the Platform, and other Service Providers, and any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.
  1. Blys Platform
    1. 2.1 Platform. Blys grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform solely to accept and manage booking requests made by Customers through the Platform (each, a “Booking Request”), promote Services through Blys, and manage your account, each subject to this Agreement. You agree that your provision of the Services is solely your responsibility.
    2. 2.2 Blys Marketplace. You acknowledge and agree that: (a) Blys solely offers a marketplace for Customers to find and request to book Services from Service Providers at the Property; (b) Blys has no control over and is not responsible for the actions or omissions of you, Customers, other Service Providers, or any other users of the Platform; (c) Service Providers are not Blys’ employees, contractors, or agents, or otherwise related to Blys, and Service Providers are entirely independent from Blys, and the full extent of Blys and Service Providers’ relationship is that Blys provides Service Providers a right to use the Platform, subject to this Agreement; (d) the full extent of Blys and Customers’ relationship is that Blys provides Customers a right to use the Platform, subject to the Terms of Use; and (e) Blys does not provide, perform, or conduct, or offer to provide, perform, or conduct, any Services, nor does it act as an agent or broker.
    3. 2.3 Changes to the Platform. Blys reserves the right to modify, add, or withdraw functions on the Platform at any time in its sole discretion. Blys further reserves the right in its sole discretion to modify, suspend, restrict, or terminate your access to the Platform or any portion thereof at any time, for any or no reason, and without notice or liability to you.
    4. 2.4 Intellectual Property Rights. Except for the express rights granted in this Agreement, nothing herein shall be construed as granting any license or right in Blys’s Intellectual Property Rights. The Platform and Site Content remain the sole property of Blys. Blys reserves all rights not expressly granted to you herein. Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights on the Site Content. The Site Content is protected by copyright and Blys reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform. You must not, without Blys’ prior written consent which may be withheld at its absolute discretion: (a) copy, republish, reproduce, duplicate or extract Site Content; (b) redistribute, sell, rent or license any Site Content; or (c) edit, modify or vary the Site Content.
  1. Booking System
    1. 3.1 Booking Requests. Customers may create a Booking Request pursuant to the Terms of Use for services provided by a Service Provider (the “Services”) through the online booking system on the Platform (the “Booking System”). See our Help Center article, “How Does the Booking System Work?”.
    2. 3.2 Acceptance of a Booking Request. The Parties agree that it is your absolute discretion as to when you use the Platform and whether to accept a Booking Request. You agree that you may only accept a Booking Request submitted by a Customer through the Platform by using the Platform and not through any other means, such as by contacting a Customer outside of the Platform. Once you accept a Booking Request, you must:
      1. (a) perform the Booking by providing the Services directly for the Customer in accordance with this Agreement; or
      2. (b) if the specific Service Provider can no longer attend a Booking, it may:
        1. cancel the Booking as soon as practicable in order for the Booking Request to be made available to other Service Providers on the Blys Platform; or
        2. provided that the performance of the Booking is carried out in accordance with this Agreement, the replacement Service Provider is an active Service Provider on the Platform that is currently in compliance with its obligations hereunder, the replacement Service Provider is approved by the Customer, and you remain responsible for the acts or omissions of the replacement Service Provider:
          1. arrange for Personnel of the Service Provider to perform the Booking; or
          2. engage another individual or company to act as an assigned Service Provider to perform the Booking (either (1) or (2), an “Assigned Service Provider”).
    3. 3.3 Assigned Booking. The Service Provider is permitted to assign the completion of a Booking to an Assigned Service Provider engaged by the Service Provider on the basis that the Service Provider acknowledges and agrees that the Service Provider is responsible for: (i) ensuring that the Assigned Service Provider is made aware of this Agreement and the terms contained herein and is bound by this Agreement to the same extent as the Service Provider; (ii) ensuring that the Assigned Service Provider complies with the terms of this Agreement; and (iii) payment to the Assigned Service Provider in respect of the provision of the Services performed by the Assigned Service Provider. Further, in no circumstances will Blys be liable to make payment of any Service Fee (or part thereof) to an Assigned Service Provider, including on behalf of the Service Provider. The Service Provider acknowledges and agrees the Service Provider is liable for the acts or omissions of the Service Provider’s employees as well as any Assigned Service Provider (and any employees of the Assigned Service Provider) in respect of the provision of the Services. A breach of any of the terms of this Agreement by an Assigned Service Provider will be deemed to be a breach by the Service Provider, and Blys shall be entitled to exercise its rights (as relevant) against the Service Provider in relation to any such breach. The parties acknowledge and agree that the performance of Services by any employee of the Service Provider is not considered to be an assignment for the purposes of this clause.
    4. 3.4 Changes and Cancellations.
      1. (a) Changes by You. If you cancel the Booking, the Service Provider Cancellation Policy, including but not limited to the cancellation fees therein, applies and is incorporated by reference herein.
      2. (b) Changes by the Customer. If a Customer cancels a Booking, the Client Cancellation Policy, including but not limited to the cancellation fees and Service Provider payout schedule therein, applies and is incorporated by reference herein.
  1. Customers
    1. 4.1 Acknowledgment. You acknowledge and agree that Blys: (a) does not participate in the interaction between you and the Customer, except solely to the extent necessary to provide the Platform to facilitate the interaction, including the invoicing and processing of the Service Fee on your behalf; and (b) is not party to any agreement made between you and the Customer, and any warranties or representations made with regard to the Services are not given by Blys and are specifically and solely made as between the Service Provider and the Customer.
    2. 4.2 Liability. To the fullest extent permitted by law, Blys will not have any liability whatsoever for any of the Services provided by Service Providers or acts or omissions by Customers on- or off-Platform.
  1. Safety, Damage, and Quality
    1. 5.1 Reports. If you experience any issues regarding safety, quality, condition or description, you shall report such issues to Blys through the Platform. See our Help Center article, “How do I report a service provider or make a complaint?”
    2. 5.2 Damage and Loss. You acknowledge and agree that: (i) you will be liable for any loss or damage to the Property caused by you while providing the Services; (ii) you will be personally liable for any loss or damage (including bodily harm) suffered by the Customer as a result of you providing the Services; and (iii) Blys does not make any representations or warranties as to the safety or quality of the Property. Notwithstanding anything to the contrary, you acknowledge and agree that Blys does not have any responsibility to reimburse you or the Customer for any damage to the Property or loss or damage (including bodily harm) to a Customer whatsoever, and you indemnify, release, and hold Blys harmless from any cost, expenses, or liabilities incurred directly or indirectly in connection with any Services.
  1. User Obligations
    1. 6.1 User Representations and Warranties. You are solely responsible for compliance with any and all laws, rules, regulations, health, and safety requirements (including any applicable public health directives, sanitation protocols, and workplace safety standards) and Tax (as defined below) obligations that may apply to your use of the Platform and provision of the Services. Further, you agree that (i) you are solely responsible for determining and acquiring the appropriate level of insurance and other protection (such as bonding) required for you to provide the Services; (ii) Blys is not responsible for ensuring you and your Personnel have sufficient insurance protection, but Blys may request proof of insurance or other protections, and you must provide it immediately; and (iii) you will respect the privacy of Customers and must not perform any act that would constitute a breach of their privacy, including as set out in the Code of Conduct and Acceptable Use Policy. You represent, warrant, and covenant to Blys that: (a) you possess the full legal capacity and authority to enter into this Agreement; (b) your use of the Platform complies with this Agreement, the Acceptable Use Policy, and all applicable laws, and will not infringe upon or violate the rights of any third party; (c) you possess all necessary legal rights to upload, transmit, submit, or otherwise disclose any materials or content, including but not limited to your business information and logos, Services descriptions, reviews, and images (collectively, “User Data”) to the Platform, including rights from the Customer to upload images of the Property and from third parties included in images; and (d) all User Data is accurate. You maintain sole liability for the accuracy, legality, and authenticity of all User Data submitted to the Platform. You agree to provide Blys with all necessary forms and information required to provide the Platform or as reasonably requested by Blys. You agree that breach of this Section is grounds for immediate and permanent suspension or termination of your access to the Platform and immediate termination of any Bookings.
    2. 6.2 Obligations as a Service Provider. By creating an account as a Service Provider, you certify that you are – or if you are a salon, merchant or other business entity, all of your Personnel who are providing the Services are – each a licensed professional and that your business information is correctly represented on Blys. You further certify that you are duly licensed to provide Services on Blys. Blys reserves the right to remove or hide any information from profiles, as well as remove or hide the entire profile itself. You agree that Blys has no liability or obligations with respect to this Section.
    3. 6.3 Equipment. You acknowledge and agree that it is your responsibility to provide and maintain any necessary Equipment and that you will not be entitled to any reimbursement from Blys for any expenses or costs related to the Equipment. Blys may request proof that you have sufficient Equipment and to evidence the Equipment’s quality and safety to provide the Services, but Blys is under no obligation to verify this information.
    4. 6.4 Expenses. The Service Provider is solely responsible for the payment of all costs and expenses incurred in performing the Services including without limitation, the costs associated with the Equipment, any incurred travel expenses, and any and all other expenses relating to the use of the Platform or provision of the Services.
    5. 6.5 Licensing. It is your sole responsibility to ensure you and your Personnel have sufficient qualifications, licensing, and certifications to provide the Services you offer. Blys is not responsible for reviewing or vetting qualifications, identity, licenses, or certifications of Service Providers or their Personnel, but Blys may, in its sole discretion, request proof of or obtain the foregoing or related documentation for you or your Personnel, and you agree to provide this information to Blys within twenty-four (24) hours of request.
    6. 6.6 HIPAA. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) imposes rules to protect personal health information (“PHI”), as defined under HIPAA. If you are subject to HIPAA and providing or processing any PHI in connection with the Services, prior to accessing or using the Platform you must notify Blys and enter into a Business Associate Agreement (“BAA”). You are solely responsible for determining whether you are subject to HIPAA. You must send notice and request a BAA by emailing hello@getblys.com.
    7. 6.7 Non-Circumvention. You agree that you shall not: (i) contact or engage with any Customer whose details are obtained from the Platform for employment or any business outside of the Platform; or (ii) contact Customers whose details are obtained from the Platform for any purpose other than for the purposes of providing the Services through the Platform in accordance with this Agreement. You acknowledge that monetary damages alone would not be adequate compensation to Blys for your breach of this Section and that Blys is entitled to seek an injunction from a court of competent jurisdiction with respect to this Section. Notwithstanding this Section, nothing in this Agreement prevents you from providing Services or other services to the public, operating your own independent business, or utilizing other platforms, provided that doing so does not involve soliciting or providing off-platform services to Customers obtained through the Platform or otherwise breach your obligations under this Agreement. You retain the sole right to determine when, where, and how often you access the Platform or offer Services.
  1. User Accounts, Security, and Verification
    1. 7.1 Account Registration and Credentials. You agree to provide accurate and complete information during registration and to update it promptly to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials, passwords, and any multi-factor authentication mechanisms. You accept sole responsibility for all activities that occur under your account by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
    2. 7.2 Auditing. Blys reserves the right to audit your user profile, including messages in your account, at any time for any reason. Read more in our Help Center article, “Why Does Blys Review Messages (And How Does It Keep You Safe)?” We may temporarily suspend your account or access to the Platform if we suspect unauthorized access, identity misrepresentation, or fraudulent behavior.
  1. User Data and Platform Uploads
    1. 8.1 User Data License. You retain all ownership and title to your User Data. You grant Blys a perpetual, non-exclusive, transferable, fully sublicensable, worldwide, irrevocable, royalty-free right and license to host, store, process, transmit, reproduce, and use your User Data in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing. You may only use other users’ User Data to accept or manage Booking Requests.
    2. 8.2 Responsibility. The Platform may allow users to submit, post, or upload User Data. We make no representations that we will publish or make available on the Platform any User Data, and we reserve the right, in our sole discretion, to refuse to allow any User Data, or to edit or remove any User Data at any time with or without notice. We may, but are not obligated to, monitor, edit, or remove any activity or content, in whole or in part, that we determine in our sole discretion to violate this Agreement or our standards. Blys is not responsible for ensuring the accuracy, completeness, or legality of any User Data from any users or similar content uploaded by other users, including Customers, for which those users remain solely responsible.
    3. 8.3 Feedback. If you transmit any comments, feature requests, bug reports, or other ideas or suggestions of any kind (collectively, “Feedback”) to Blys, you hereby assign to Blys all right, title, and interest in and to such Feedback. Blys may implement, commercialize, modify, and use it without any financial compensation, attribution, or restriction of any kind, regardless of what your communication may say. For clarity, Blys will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback.
    4. 8.4 DMCA. We comply with the Digital Millennium Copyright Act (“DMCA”) and will remove User Data upon receipt of a compliant takedown notice in accordance with this Section.
      1. (a) DMCA Takedown Notice Procedure. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Platform infringes your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
        1. The copyrighted work that you claim has been infringed, or a representative list if multiple works are covered;
        2. The material that you claim is infringing and that is to be removed, including information reasonably sufficient to permit us to locate the material (such as the specific URL);
        3. Your mailing address, telephone number, and email address;
        4. Include both of the following statements in the body of the notice:

          “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”

          “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

        5. Your full legal name and your electronic or physical signature.
      2. (b) Designated Agent. Completed notices must be delivered to our Designated Copyright Agent:

        Get Blys Inc.
        Attn: DMCA Designated Agent
        2810 N CHURCH STREET
        WILMINGTON, DE 19802
        Email: hello@getblys.com

        Only send DMCA notices to the Designated Copyright Agent.

  1. Fees
    1. 9.1 Platform Fee. Blys charges Service Providers a fee for use of the Platform (the “Platform Fee”) in accordance with the Payment and Fees Policy.
    2. 9.2 Service Fee. The Service Fee, less the Platform Fee and any other amount Blys is entitled to deduct under this Agreement, will be paid to Service Providers in accordance with the Payment and Fees Policy, which is incorporated herein by reference. You agree that it is your sole responsibility to ensure your bank information is accurate and Blys is not responsible to make additional payments to another bank account if you provide incorrect bank information. You acknowledge and agree that Blys may, in its sole discretion, charge Customers any fee to use the Platform, and Blys will be solely entitled to any such fee.
      1. (a) Service Providing Pricing. As an independent business, you retain the sole right to determine, adjust, and set the rates and Service Fees you charge for your Services. Instructions and platform guidelines for setting or modifying your rates are detailed in our Payment and Fees Policy.
      2. (b) Price Changes. You acknowledge that the Platform Fee is subject to change from time to time. You may find Blys’ current fee structure at our Payment and Fees Policy.
    3. 9.3 Taxes. You are solely responsible for determining, reporting, withholding, and remitting all applicable federal, state, and local taxes, duties, withholdings, levies, payroll taxes, statutory withholdings, workers’ compensation, employment-related contributions, and social security contributions (“Tax”) arising from or related to your provision of Services, your Personnel, operating your business, your use of the Platform, and any payments received under this Agreement. You agree to indemnify, defend, and hold harmless Blys from and against any taxes, penalties, interest, fines, liabilities, costs, or expenses arising from or related to your tax obligations, tax reporting, or any tax assessed on payments made or processed under this Agreement.
    4. 9.4 Compliance with Law. We reserve the right to take any actions we deem necessary or appropriate to comply with applicable laws, regulations, orders, directives, or other governmental requirements, which may include withholding, delaying, or remitting funds to a governmental authority or other third party. Any such action shall, to the extent applicable, fully discharge our obligations with respect to the affected funds.
  1. Confidentiality.
    1. 10.1 Definition of Confidential Information. You acknowledge that during your access to or use of the Blys Platform, you may receive or have access to non-public, proprietary, or confidential information belonging to Blys (“Confidential Information”). Confidential Information includes, without limitation, the Platform and Blys’ technology, pricing, non-public communications, and Customer data obtained through the Platform. Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this Agreement by you; (b) was lawfully in your possession prior to disclosure by Blys without restriction; or (c) is independently developed by you without reference to or reliance on Blys’ Confidential Information.
    2. 10.2 Obligations. You agree to: (a) keep all Confidential Information strictly confidential and use reasonable care to protect it from unauthorized access or disclosure; (b) use Confidential Information solely as necessary to use the Platform or provide the Services subject to this Agreement; and (c) not disclose Confidential Information to any third party without Blys’ express prior written consent, except to your legal or financial advisors who are bound by confidentiality obligations at least as restrictive as this Section. If you are legally compelled by subpoena, court order, or government authority to disclose any Confidential Information, you will provide Blys with prompt written notice (where legally permissible) so that Blys may seek a protective order or other appropriate remedy.
    3. 10.3 Remedies and Survival. You acknowledge that unauthorized disclosure or use of Confidential Information may cause irreparable harm to Blys, and Blys shall be entitled to seek injunctive relief in addition to any other legal remedies available. Your obligations under this Section 10 will survive termination of your account or this Agreement.
  1. Term and Termination.
    1. 11.1 Term. This Agreement will come into effect on the date you first use or create an account on the Platform, whichever is sooner. The Agreement will continue until terminated in accordance with this Agreement.
    2. 11.2 Termination and Suspension. You or Blys may terminate this Agreement for any or no cause at any time. In order to terminate this Agreement, you must delete your account. See Help Center article, “How can I delete my account?” Blys may delete or block user accounts at its own discretion. Blocked users are prohibited from setting up a new user account.
    3. 11.3 Effect of Termination. If this Agreement or your access to the Platform is terminated: (i) you will no longer be authorized to access the Platform; (ii) you will continue to be subject to and bound by all restrictions imposed on you by this Agreement; (iii) all licenses granted to you shall expire; and (iv) all disclaimers by Blys and limitations of Blys’ liability set out in this Agreement will survive termination. If you have violated any terms of this Agreement or Blys, in its sole discretion, determines it to be the correct course of action, Blys may block the email address you used to register with the Platform and/or any other email address you possess from accessing the Platform or any other services or products owned by Blys. If your account does not delete automatically and immediately, such as if your account is flagged for review due to trust and safety or negative balance reasons, you must immediately upon termination: (a) stop performing the Services and inform Blys of any Bookings not yet performed so that Blys can make alternative arrangements for the performance of such Bookings; (b) cease to accept any new Booking Requests; (c) cease all use of the Platform; (d) return to Blys all property, including Confidential Information, in your possession that belongs to Blys; and (e) pay or repay any sums lawfully owed to Blys pursuant to this Agreement. You agree to reimburse us for all costs and expenses incurred in collecting any due amounts or owed fees hereunder, including reasonable attorneys’ fees, collections costs, and court costs. You acknowledge and agree that if you do not pay or repay any sums lawfully owed to the Customer or to Blys, Blys will be entitled to deduct those sums from any amount payable to you. Termination or suspension of your access to the Platform for any reason by Blys does not limit any of Blys’ other rights or remedies, and termination of this Agreement will not prejudice or impair any rights, remedies or continuous obligations that have already accrued to any Party under or in respect of any breach of this Agreement. Upon termination, Blys will pay you any Service Fees which have been received by Blys on your behalf and have not yet been paid to you in respect of Bookings completed prior to the date of termination (less any deductions Blys is entitled to make pursuant to this Agreement or as otherwise agreed in writing between the parties).
  1. Third-Party Sites and App Stores.
    1. 12.1 Third-Party Sites. The Platform may include a link or otherwise redirect to another website operated by a third party (a “Third-Party Site”). You acknowledge and agree that any Third-Party Sites are not controlled by Blys and do not form part of the Platform. We do not endorse, and are not responsible or liable for, the availability, content, products, or services of any Third-Party Sites. Access and use of any Third-Party Sites is entirely at your own risk, and any dealings or correspondence with third parties found through the Platform are solely between you and the third party. YOU AGREE THAT YOU WILL NOT HOLD BLYS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “BLYS PARTIES”) LIABLE OR IN ANY WAY ACCOUNTABLE FOR ANYTHING THAT OCCURS ON ANY THIRD-PARTY SITE.
    2. 12.2 Third-Party App Stores. If you access or download the Platform through third-party mobile application platforms or infrastructure providers, such as the Apple App Store and Google Play Store, you agree to the Third-Party App Store Terms, which are incorporated into this Agreement by reference.
  1. Disclaimer of Warranties

    EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLYS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE RELIABILITY, QUALITY, ACCURACY, OR COMPLETENESS OF ANY PROFILES, RATINGS, REVIEWS, RECOMMENDATIONS, FEEDBACK, OR COMPOSITE METRICS, WITH RESPECT TO THE PLATFORM AND/OR SITE CONTENT. BLYS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM AND/OR SITE CONTENT WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE PLATFORM AND SITE CONTENT ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE PLATFORM OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE PLATFORM AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

    You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by us, you or other users of the Platform, and that Blys does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable). Blys does not guarantee any quantity of Booking Requests being made available for acceptance by you through the Platform, or that you will receive any particular amount of revenue as a result of entering into this Agreement.

  1. Waiver and Release

    YOU UNDERSTAND AND AGREE THAT BLYS IS A MARKETPLACE AND TECHNOLOGY PLATFORM PROVIDER, NOT A SERVICE PROVIDER, EMPLOYER, OR AGENT. ALL SERVICES ARE RENDERED SOLELY BY INDEPENDENT CONTRACTORS, AND ALL PROPERTIES ARE OPERATED BY CUSTOMERS OR THIRD PARTIES. BLYS IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, CONDITION, OR CONDUCT OF ANY CUSTOMER, OTHER SERVICE PROVIDER, PROPERTY, OR THIRD PARTY, AND BLYS DOES NOT ENDORSE OR GUARANTEE ANY CUSTOMER, USER, OR PROPERTY. IT IS SOLELY YOUR, AND NOT BLYS’, RESPONSIBILITY TO EVALUATE AND DETERMINE WHETHER A PARTICULAR CUSTOMER, BOOKING, OR PROPERTY IS SAFE, SUITABLE, AND APPROPRIATE FOR YOU. BLYS HAS NO OBLIGATION TO VERIFY, AND DOES NOT GUARANTEE OR REPRESENT THAT IT HAS VERIFIED, THE IDENTITY, BACKGROUND, CREDITWORTHINESS, OR PROPERTY OF ANY CUSTOMER OR THIRD PARTY. BLYS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE IDENTITY OR MISREPRESENTATION OF ANY USER OR SERVICE PROVIDER, THE ACTS, OMISSIONS, OR MISREPRESENTATIONS OF ANY OTHER SERVICE PROVIDER, CUSTOMER, OR THIRD PARTY. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS’ EQUIPMENT AND PERSONAL SAFETY. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO TAKE ALL REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH IN OR THROUGH THE PLATFORM.

    YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN TRAVELING TO AND RENDERING SERVICES IN PRIVATE PROPERTIES AND UNFAMILIAR PREMISES. BY USING THE PLATFORM, YOU EXPRESSLY ASSUME ALL SUCH RISKS, ON BEHALF OF YOURSELF AND ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, THEFT, ILLNESS, BODILY INJURY, OR DEATH. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AN INDEPENDENT CONTRACTOR SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN SAFETY AND ADEQUATE INSURANCE, LICENSING, PERMITS, AND PROFESSIONAL CERTIFICATIONS AS REQUIRED BY APPLICABLE LAW AND REASONABLY NECESSARY TO PROVIDE THE SERVICES.

    YOU ALSO UNDERSTAND AND AGREE THAT THE PLATFORM MAY OFFER GUIDES, BEST PRACTICES, AND OTHER INFORMATION FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING AVAILABLE THROUGH THE PLATFORM IS INTENDED TO BE THE PRACTICE OF MEDICAL OR PROFESSIONAL CARE, INSTRUCTION, OR TRAINING. BLYS DOES NOT PROVIDE PROFESSIONAL TRAINING OR CERTIFICATION. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN PROFESSIONAL KNOWLEDGE, TRAINING, LICENSING, AND CERTIFICATIONS, AND FOR EXERCISING YOUR INDEPENDENT PROFESSIONAL JUDGMENT WHEN RENDERING SERVICES. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE PLATFORM AS A SUBSTITUTE FOR YOUR OWN PROFESSIONAL JUDGMENT, SCOPE OF PRACTICE, OR FORMAL PROFESSIONAL TRAINING. YOUR USE OF OR RELIANCE ON ANY CONTENT, RECOMMENDATIONS, OR SUGGESTIONS AVAILABLE THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK.

    THE PLATFORM IS CONTINUALLY UNDER DEVELOPMENT, AND BLYS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS BLYS FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES, AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR PROVISION OF THE PLATFORM AND SERVICES, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH, PROPERTY DAMAGE, OR THEFT, WHETHER ARISING FROM THE PLATFORM, THE ACTIONS OR OMISSIONS OF A THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, CUSTOMERS OR OTHER SERVICE PROVIDERS), OR THE USE OF ANY EQUIPMENT.

  1. Limitation of Liability
    1. 15.1 General Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BLYS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLYS’S MAXIMUM CUMULATIVE, AGGREGATE LIABILITY FOR ALL CLAIMS, DISPUTES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT OR RELATING TO THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE GREATER OF $100.00 OR THE TOTAL AGGREGATE PLATFORM FEES PAID BY YOU TO BLYS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
    2. 15.2 Services Liability. TO THE EXTENT PERMITTED BY LAW, BLYS WILL NOT BE RESPONSIBLE AND WILL BE EXCLUDED FROM ALL LIABILITY, FOR ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF LIFE AND DAMAGE TO PROPERTY) THAT YOU OR ANOTHER PERSON MAY SUFFER IN CONNECTION WITH THE OFFER OR SUPPLY OF (OR DEFAULT IN SUPPLYING) THE SERVICES.
    3. 15.3 Acceptance. You agree and accept that the limitations of liability provided in this Section 15 and the indemnity provided in Section 16 are reasonable.
  1. Indemnity

    You agree to defend, indemnify, and hold harmless the Blys Parties from and against any and all legal claims, Losses, damages, liabilities, costs, charges, payments, and expenses (including reasonable attorneys’ fees and court costs) which Blys may pay, suffer, incur, or be liable for, arising out of or relating to: (a) your use of the Platform or provision of Services; (b) User Data; (c) your breach of this Agreement; (d) your negligence, willful misconduct, or fraud; and (e) your violation of any third-party rights or applicable laws.

    “Losses” mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against Blys or suffered, incurred or paid by Blys (howsoever arising) and include loss of data, interruption of business or any consequential or incidental damages.

  1. Dispute Resolution
    1. 17.1 Service Provider Disputes. You acknowledge and agree that: (a) any dispute, controversy, or claim (each, a “Dispute”) between you and a third party (including but not limited to Customers or other recipients of the Services) concerning the Service carried out by the Service Provider is directly between you and the third party; (b) Blys is not a party to any Dispute between you and such third party; and (c) you will be required to pay or reimburse any legal fees incurred by Blys as a result of having to mediate any Dispute between you and the third party.
    2. 17.2 Dispute Resolution Process. You agree that all claims you bring against Blys must be resolved in accordance with this Section 17.
    3. 17.3 Mandatory Informal Dispute Process. Prior to initiating any formal legal action or arbitration proceeding, you and Blys agree to make a good faith effort to resolve the Dispute informally. You agree to notify Blys in writing of a dispute by mail to Get Blys Inc, 2810 N Church St, Wilmington, DE 19802, Attn: Chief Executive Officer or General Counsel or legal@getblys.com, detailing the nature of the claim and the specific relief requested. You and Blys agree to negotiate in good faith for a period of thirty (30) calendar days from the date the notice is received before any party may initiate an independent arbitration proceeding.
    4. 17.4 Arbitration Agreement. If the Dispute is not resolved through the informal process within the thirty (30) day window, you and Blys agree that all disputes, claims, or controversies arising out of or relating to this Agreement, the Site, or the Platform shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”), available at www.adr.org, rather than in a court of law. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. All aspects of the arbitration proceeding and award will be strictly confidential.
    5. 17.5 Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. Governing law will be as set forth in Section 18.1. You and Blys agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    6. 17.6 Waiver of Class Actions, Class Arbitrations, and Jury Trials. YOU AND BLYS EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOURS. YOU AND BLYS HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY.
    7. 17.7 Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential, and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition. The arbitrator will apply Delaware state law during the arbitration. You agree that these terms and your use of the Platform evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement. The arbitrator shall have the authority to award any remedy or relief that would have been available in court under applicable law.
    8. 17.8 Exceptions. Notwithstanding the foregoing, (a) either party may bring an individual action in small claims court; or (b) Blys may seek equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Blys or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Blys, and your only remedy will be for monetary damages, subject to the limitations of liability set forth above.
    9. 17.9 Severability. If any provision of this Arbitration Agreement is found unenforceable, the parties will replace it with a valid provision that best mirrors their original intent, and the remainder of the agreement applies. However, if Section 17.5 is found unenforceable, the entirety of Sections 17.4 through 17.7 (the “Arbitration Agreement”) is null and void, except regarding claims for public injunctive relief.
    10. 17.10 Modifications. If Blys makes material changes to this Arbitration Agreement, you may reject the change by sending written notice within thirty (30) days to Blys’s notice address. Rejecting a change binds you to the arbitration language in effect when you first accepted this Agreement.
  1. Miscellaneous
    1. 18.1 Governing Law and Venue. This Agreement and your use of the Platform shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of this Agreement. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
    2. 18.2 Assignment. Except as expressly permitted herein, you may not assign this Agreement without Blys’s prior written approval. Blys may assign this Agreement without restriction. This Agreement inures to the benefit of our successors, assigns, and licensees.
    3. 18.3 Modifications. Blys may update this Agreement from time to time. You can find the latest version of this Agreement at https://getblys.com/us/terms/. If Blys makes a material update to this Agreement, Blys will provide advance written notice to you, and Blys shall not be liable for any losses, damages, or disruption resulting from your need to modify your practices, content, or behavior to comply with such updates. If you do not agree to the updated Agreement, you may terminate this Agreement and stop using the Platform by notifying Blys in writing before the effective date of the update. Your continued use of the Platform after the update takes effect constitutes your acceptance of the updated Agreement.
    4. 18.4 Relationship of the Parties. No employment, partnership, quasi-partnership, joint venture, or franchise relationship is intended to be created between Blys and you under this Agreement. By using the Platform, you warrant that you have made yourself aware of the requirements under any applicable workplace and occupational health and safety laws which may apply to the engagement between a Customer and the Service Provider. Except as expressly authorized in writing, no Party will have (and must not represent that it has) any power, right or authority to bind the other Party, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name.
    5. 18.5 No Third-Party Beneficiaries. This Agreement is for the sole benefit of Blys and you. Nothing in this Agreement, express or implied, is intended to or will confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever.
    6. 18.6 Notice. All notices sent to Blys shall be in writing and delivered by mail to Get Blys Inc, 2810 N Church St, Wilmington, DE 19802, Attn: Chief Executive Officer or General Counsel with a copy via email to hello@getblys.com and shall be effective upon receipt. All notices sent to you shall be in writing and delivered via your user profile or to the email address associated with your user profile and shall be effective upon sending.
    7. 18.7 Waiver. No waiver of any provision of this Agreement by Blys is binding unless authorized in writing by an executive officer of Blys. In the event that Blys waives a breach of any provision of this Agreement, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of this Agreement and will in no manner affect the right of Blys to enforce the same at a later time.
    8. 18.8 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that specific provision shall be severed, and the remaining terms of the Agreement shall remain in full force and effect. Any provision of, or the application of any provision of this Agreement which is prohibited in any jurisdiction is, solely in that jurisdiction, ineffective only to the extent of that prohibition.
    9. 18.9 Statute of Limitations. You and Blys agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Platform, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
    10. 18.10 Survival. All provisions that by their nature should survive termination shall survive.
    11. 18.11 Interpretation. Unless the context requires otherwise: words in the singular include the plural and vice versa; headings are for convenience only; references to sections, schedules, or annexes are to those of this Agreement; if an act falls on a non-business day, it may be performed on the next business day; no provision will be construed against a party as the drafter; “includes” means “includes without limitation”; and references to time mean Eastern Time.
    12. 18.12 Electronic Notices and Transactions. You agree to transact business and receive all contracts and notices from Blys electronically over the Internet, via our Platform, or at your registered email in HTML or PDF format. You certify that you have the necessary internet access and hardware to view, print, and retain these documents. It is your duty to maintain an up-to-date email address and to ensure Blys emails are not blocked by spam filters. You may request paper copies or withdraw your electronic consent at any time by emailing hello@getblys.com; however, withdrawing consent will result in the immediate termination of your account and services. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original, non-electronic signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
    13. 18.13 Sanctions and Export Control. You represent and warrant that you are not: (a) located in, or a resident or national of, any country or region subject to a comprehensive U.S. government embargo; or (b) identified on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department’s List of Specially Designated Nationals. You agree to comply strictly with all U.S. export controls and economic sanctions laws.
    14. 18.14 Entire Agreement. This Agreement constitutes the entire agreement between you and Blys regarding its subject matter and supersedes all prior or contemporaneous understandings and agreements. For clarity, the Agreement includes all linked and referenced policies and terms herein.