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United States addendum

This addendum applies when your studio is in the United States. It adds to the terms of use and the data processing agreement; where it says something different from them, this addendum prevails for you. Everything it does not mention stays as the terms and the agreement say, including Estonian law and the courts of Tallinn.

Part A - the terms

A1. Business use only

The software is offered to businesses only. By creating an account you represent that you act for a studio, that you may bind it, and that you do not use the software as a consumer. Laws written to protect individual consumers do not apply to this contract.

A2. Recurring charges and cancellation

Your subscription renews monthly at the price shown to you before payment until you cancel. You can cancel at any time in your account settings or by e-mail to hello@leonandvera.com, effective at the end of the current billing month. We remind you by e-mail before the first renewal. Started months and purchased credit packs are not refunded.

A3. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THE TERMS, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT ANY NUMBER OF ENQUIRIES, BOOKINGS OR CUSTOMERS, THAT GENERATED TEXT, PICTURES OR FILMS ARE ACCURATE OR LAWFUL, OR THAT CONNECTED SERVICES SUCH AS META, GOOGLE OR YOUR STUDIO SYSTEM WILL BE AVAILABLE.

A4. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY UNDER THIS CONTRACT IS LIMITED TO THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY WHERE THE LAW DOES NOT ALLOW THEM, INCLUDING FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Section 12 of the terms applies otherwise.

A5. Your content and your compliance

You are responsible for everything you approve and publish, including under the FTC Act, state advertising and consumer protection laws, the CAN-SPAM Act, the TCPA and the terms of the platforms you connect. The software sends no text messages and makes no calls. You do not use it to advertise medical treatments, to make health claims or to collect health information, and you do not submit protected health information to it.

A6. Electronic notices

You agree that we may send notices, invoices and changes to the terms electronically to your account e-mail address, and that they count as given in writing.

A7. Sanctions

You represent that your studio and its owners are not located in a country, or listed by an authority, subject to United States or European Union sanctions.

A8. Disputes

Section 14 of the terms stays: Estonian law applies and the courts of Tallinn have jurisdiction. If a court in the United States nonetheless hears a claim between us, you and we each waive trial by jury and agree to bring claims only on our own behalf, not as a plaintiff or class member in any class or representative action, to the extent the law permits.

Part B - the data of your prospects

B1. Roles

For the data of the people who enquire at your studio, you are the business and controller; we are your service provider, contractor and processor under the California Consumer Privacy Act and the other United States state privacy laws. The data processing agreement applies. This part adds what those laws require.

B2. What we commit to

B3. Health information

The software processes no protected health information and we are not a business associate under HIPAA. Do not send it patient records, treatment details or health data. The booking data the software collects for you (name, contact detail, requested time, channel) is not consumer health data; your own intake forms and what you ask people in person remain yours.

B4. Where the data is

We store and process the data on servers in the European Union (Frankfurt am Main). The subcontractors and their locations are in Annex 1 of the data processing agreement.

Part C - privacy notice for residents of the United States

This part supplements the privacy policy for account holders and website visitors who live in the United States. It uses the words of the state privacy laws.

C1. What we collect and why

Categories: identifiers (name, e-mail address, studio name and address, IP address); commercial information (your tier, payments made through Stripe, invoices); internet activity (how you use the portal, measured without cookies); the brand material you give us (logo, photographs, texts, prices). Sources: you, your website and public profiles, Stripe, Google when you sign in with it, and Meta's click id when you arrive from one of our adverts. Purposes: to run your account, bill you, support you, secure the service, measure our own advertising and meet legal duties. Disclosures: to the service providers named in the privacy policy, each bound by contract, for these purposes only. Retention: as long as your account exists plus 30 days; invoices and payment records seven years.

We do not sell personal information and do not use it for targeted advertising across other websites. When you reach the portal from one of our adverts, we report the resulting account or payment to Meta with your IP address, browser and click id so we can see which advert worked; to opt out, write to privacy@leonandvera.com. We collect no sensitive personal information, and the service is not directed at anyone under 18.

C2. Your rights

Depending on your state, you may have the right to know what personal information we hold about you and to access it, to correct it, to delete it, to receive a portable copy, to opt out of sale, sharing, targeted advertising and profiling, and not to be treated differently for exercising these rights. Write to privacy@leonandvera.com. We verify a request through your account e-mail address; an authorized agent may act for you with your written permission. We answer within 45 days. If we refuse a request, you can appeal by replying to our answer, and we tell you how to reach your state's attorney general if the appeal fails.

C3. If you contacted a studio

If you wrote to a studio or booked a session with one that uses our software, the studio is the business responsible for your information and we are its service provider. Send requests about your information to the studio; we help it answer.

C4. Contact

Leon & Vera OÜ, Sepapaja tn 6, 15551 Tallinn, Estonia. privacy@leonandvera.com.