1. Agreement to these terms
These Terms of Service govern the use of the website operated by NaileditbyAly LLC and the professional services offered through it. By visiting the website, sending an inquiry or engaging the studio for a project, you agree to these terms. If you act on behalf of a business, you confirm that you have authority to bind that business to this agreement.
If you do not agree with any part of these terms, please do not use the website or engage our services. A signed proposal or statement of work may add to or vary these terms for a particular project. Where that document conflicts with this page, the signed document controls for that project.
These terms apply to the business as operated from 238 E 100 N, Lehi - 84043-1902, United States (US).
2. Definitions
In these terms, the Company means NaileditbyAly LLC. The Client means the person or business that engages the Company for services. The Services means the computer integrated systems design work described on the website and in a proposal, including studio systems setup, appointment workflow design, service menu work, booking portal integration, retail display planning and aftercare support programs. Deliverables means the documents, configurations, designs and other materials the Company provides. Website means the pages published at nailedbyaly.mom.
A Proposal means a written offer that describes scope, fees, timeline and assumptions. A Statement of Work means a document that sets out the detailed tasks and acceptance steps for a project. Business Day means Monday to Friday, excluding public holidays observed in Utah.
References to writing include email and shared documents, provided the exchange clearly records the agreement of both parties.
3. Services we provide
The Company provides consulting and design services for computer integrated systems used in nail studios and similar beauty service businesses. The work is professional and advisory in nature. It may include surveys, system mapping, hardware recommendations, software configuration, written policies, staff guides, display plans and aftercare program design.
The Company does not perform nail services, does not employ technicians and does not hold itself out as a licensed contractor for electrical or structural work. Where installation requires a licensed trade, the Client is responsible for engaging that trade, and the Company will coordinate around the scheduled work.
Descriptions on the website are provided for general information. The exact Services for a project are those listed in the accepted Proposal or Statement of Work, together with any written change agreed later.
4. Website use
You may view the website and use its contact features for lawful purposes connected to the Services. You agree not to attempt to gain unauthorised access to the site, its hosting environment or any connected account. You agree not to interfere with the normal operation of the site, to introduce malicious code, or to use automated tools to scrape content at a volume that degrades service for others.
Content on the website is provided for information and does not constitute a binding offer. Prices, availability and service descriptions may change without notice. The Company may suspend or withdraw any part of the website at any time, including for maintenance or security reasons.
You are responsible for the equipment, software and connection you use to reach the website, and for the accuracy of any information you submit through the contact form or by email.
5. Inquiries and proposals
An inquiry does not create a contract. When the Company receives an inquiry, it may ask for additional information, arrange a short call or decline the work. If the Company decides to proceed, it will send a Proposal that describes the scope, the assumed starting conditions, the fee, the payment schedule and the expected timeline.
A contract is formed when the Client accepts the Proposal in writing and, where the Proposal requires it, pays the initial deposit. Until both steps are complete, the Company has no obligation to reserve time, order hardware or begin work.
Proposals remain valid for thirty days unless stated otherwise. After that period the Company may revise the scope or the fee to reflect changes in availability or supplier pricing.
6. Client responsibilities
The Client agrees to provide accurate information about the studio, its systems and its schedule. The Client will make a responsible contact available for decisions, grant reasonable access to the premises and to relevant accounts, and respond to questions within a reasonable time. Delays in these matters may shift the schedule and may require additional fees where the delay causes rework.
The Client is responsible for maintaining backups of its own business data before any change is made to a system. The Company will take reasonable care during configuration, but it does not guarantee recovery of data that was not backed up, and it is not responsible for losses caused by a missing backup.
The Client confirms that it has the right to share any material it provides, including images, menus, price lists and guest information. The Client will not ask the Company to use material that infringes the rights of another party.
7. Fees and payment
Fees are set out in the Proposal or Statement of Work. Unless stated otherwise, a deposit is due before work begins, progress payments are due at agreed milestones, and the balance is due on acceptance of the Deliverables. Invoices are payable within the period stated on the invoice, commonly fifteen days from the invoice date.
Fees are exclusive of applicable taxes, travel costs and third party subscriptions unless the Proposal says otherwise. Hardware, software licences and portal subscriptions are usually purchased directly by the Client in its own name so that the Client keeps ownership and control. Where the Company purchases something on the Client behalf, it will be reimbursed at cost and the item will be transferred to the Client.
Late payments may attract a service charge at the rate stated in the Proposal, or the maximum permitted by law if no rate is stated. The Company may suspend work while an undisputed invoice remains unpaid, provided it gives written notice and a reasonable opportunity to pay.
8. Scheduling and access
The Company schedules visits and remote sessions in advance and confirms them in writing. The Client will provide safe access to the areas required for the work and will ensure that a responsible person is present during an on site visit. If access is not available at the agreed time, the Company may charge for the lost session.
Either party may request a change of date with reasonable notice. The Company will try to accommodate changes, but it cannot guarantee a replacement slot at short notice. Where a change is caused by the Client and results in additional travel or preparation, the Company may pass on the reasonable cost.
Remote sessions require a stable connection and a working audio link. If a session cannot proceed because of a technical failure on the Client side, the Company will offer one replacement session at no charge and may charge for further repeats.
9. Deliverables and acceptance
The Company will provide the Deliverables described in the accepted scope. When a Deliverable is handed over, the Client will review it within ten Business Days and either accept it or provide a written list of specific defects against the agreed scope. The Company will correct confirmed defects at no additional charge.
If the Client does not respond within the review period, the Deliverable is considered accepted. Requests for new features, additional services or a change in direction are treated as a change request and will be quoted separately.
Acceptance does not transfer ownership of third party accounts or subscriptions. Those remain with the Client where the Client holds the account, and the Company will document the ownership as part of the handover.
10. Intellectual property
The Client retains ownership of its own business information, menus, brand assets and guest data. The Company retains ownership of its methods, templates, checklists, internal documentation and pre existing tools. On full payment, the Company grants the Client a perpetual, non exclusive licence to use the project specific Deliverables for the operation of its business.
Client material remains the property of the Client at all times, and the Company will return or delete it on request at the end of the engagement. Templates, checklists and general know how that the Company developed before the project remain available for use in other engagements, provided no client confidential information is disclosed. The boundaries are written into the Proposal so that both sides know which items are project specific and which are part of the Company standard toolkit.
Unless the Client asks otherwise in writing, the Company may describe the engagement in general terms, such as the type of studio and the services delivered, without disclosing confidential information. The Company will not publish client photographs or guest details without written permission.
Nothing in these terms transfers ownership of the Company name, logo or other brand elements. The Client may not use the Company brand in a way that suggests endorsement of a separate product or service.
11. Third party services
Projects often depend on third party platforms, including booking portals, payment processors, hosting providers, hardware vendors and network carriers. The Company does not control these providers and cannot guarantee their availability, pricing or performance. The Client is responsible for reviewing and accepting the terms and privacy notices of each provider it chooses.
Where a provider changes an interface, withdraws a feature or raises a price, the Company will advise the Client and propose an alternative where possible. Work needed to adapt to a provider change is outside the original scope and may be quoted as a change request.
Support for a third party platform is limited to the configuration work described in the accepted scope. The provider remains the first point of contact for platform outages, account recovery and feature requests.
12. Confidentiality
Each party agrees to keep confidential the non public information it receives from the other in connection with a project. Confidential information includes business plans, pricing, guest data, internal procedures, credentials and any material clearly marked as confidential. The receiving party will use that information only to perform the engagement and will share it only with team members or advisers who need it.
These obligations do not apply to information that is already public without a breach of this agreement, that was lawfully known before disclosure, that is independently developed without use of the confidential material, or that is required to be disclosed by law. Where disclosure is required, the party will give prompt notice where legally permitted.
Confidentiality obligations continue for three years after the engagement ends, except for trade secrets and personal information, which remain protected for as long as the law requires.
13. Privacy
The Company handles personal information as described in the Privacy Policy published on the website. The Client is responsible for the personal information it collects from its own guests and for providing any notice or consent required by law. Where the Company processes guest information on behalf of a Client, it does so only on documented instructions and only for the purpose of the engagement.
The Client will ensure that any system it asks the Company to configure complies with the privacy and marketing rules that apply to its jurisdiction. The Company will flag an obvious compliance concern but does not provide legal advice and does not warrant that a configuration satisfies every rule.
Both parties will report a suspected data incident to the other without undue delay so that each can meet its own notification duties.
14. Warranties and disclaimers
The Company warrants that the Services will be performed with reasonable skill and care by competent personnel and that the Deliverables will materially conform to the accepted scope. The Company will correct a confirmed defect reported within thirty days of acceptance at no additional charge.
Except as stated above, the website and the Services are provided as available and without further warranty, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non infringement. The Company does not warrant uninterrupted or error free operation of any third party platform or network.
The Company does not guarantee a particular business result, such as an increase in bookings or retail sales. The Client remains responsible for its own commercial decisions and for the conduct of its staff.
15. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost goodwill or loss of data, arising from or connected with the engagement, even if that party was advised of the possibility of such loss.
The total liability of the Company for all claims connected with an engagement is limited to the total fees actually paid by the Client to the Company under the relevant Proposal or Statement of Work during the twelve months before the event giving rise to the claim.
Nothing in these terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited. If a jurisdiction does not allow part of this limitation, that part will be severed and the remainder will continue to apply.
16. Indemnity
The Client agrees to indemnify the Company against claims, losses and reasonable costs arising from material the Client provides, from content the Client asks the Company to publish, or from the Client use of a configured system in violation of law or third party rights.
The Company agrees to indemnify the Client against claims that a Deliverable created solely by the Company infringes a third party intellectual property right, provided the Client notifies the Company promptly and allows the Company to direct the response. This indemnity does not apply where the claim arises from client material, a client modification or use outside the agreed scope.
The indemnified party will take reasonable steps to mitigate loss and will cooperate with the defence of a claim.
17. Term and termination
These terms apply for as long as the website is used or a project is active. Either party may terminate an engagement for material breach by giving written notice and a reasonable opportunity to cure, usually fifteen days. Either party may terminate immediately if the other becomes insolvent or ceases to trade.
On termination, the Client will pay for work performed and for committed costs up to the date of termination. The Company will hand over completed Deliverables and any client material in its possession. Where a refundable deposit remains, the Company will return the unused portion after deducting the value of work performed.
Termination does not affect clauses that are intended to survive, including confidentiality, intellectual property, limitation of liability and dispute resolution.
18. Force majeure
Neither party is liable for a delay or failure to perform caused by an event beyond its reasonable control. Such events include natural disasters, severe weather, fire, epidemic, civil unrest, war, labour action, utility failure, network outage and the failure of a major third party provider.
The affected party will notify the other promptly and will use reasonable efforts to resume performance. If the event continues for more than thirty days, either party may terminate the affected part of the engagement and settle the accounts for work already performed.
Force majeure does not excuse the obligation to pay for services already delivered.
19. Governing law and disputes
These terms are governed by the laws of the State of Utah, United States, without regard to conflict of law rules. The parties will first attempt to resolve a dispute through good faith discussion. If a dispute is not resolved within thirty days, either party may bring the matter before a court of competent jurisdiction located in Utah, and each party consents to that jurisdiction.
Before starting formal proceedings, the parties will consider mediation with a mutually agreed mediator. The cost of mediation will be shared equally unless the mediator recommends otherwise.
Nothing in this clause prevents either party from seeking urgent injunctive relief where necessary to protect its information or its rights.
20. Changes to these terms
The Company may update these terms from time to time to reflect a change in its services, its providers or the law. The current version is published on this page with an effective date. A change applies to a new engagement when the Client accepts a Proposal after the change is published.
For an active engagement, a change to these terms will not apply unless both parties agree to it in writing. The signed Proposal or Statement of Work continues to govern that engagement.
If any part of these terms is found to be unenforceable, the remaining parts will stay in force and the parties will replace the affected part with an enforceable provision that reflects the original intent.
21. Contact details
Questions about these terms can be sent to the studio. The Company will respond to a written question about an active engagement within two Business Days.
- Company: NaileditbyAly LLC
- Address: 238 E 100 N, Lehi - 84043-1902, United States (US)
- Email: bookings@nailedbyaly.mom
- Phone: +12629226167
By using the website or accepting a Proposal, you confirm that you have read and understood these Terms of Service. Thank you for choosing NaileditbyAly LLC for your studio systems work.