Terms of Service

Agreement to these terms

These Terms of Service are an agreement between Nguyener Marketing LLC (“Hayven,” “we,” “us”) and the business that signs up for Hayven (“you,” “your salon”). They cover the Hayven app, the booking and marketing pages we host for you, and the setup, support, and marketing services our team provides.

Your plan, price, and any extras are set out in your order: the proposal, form, email, or in-app confirmation you accept when you sign up or change your plan. If your order and these terms disagree, your order wins. Our Privacy Policy explains how we handle personal information, and it’s part of this agreement.

By creating an account, signing an order, or using Hayven, you agree to these terms. If you accept them for a business, you confirm that you’re allowed to bind that business.

Who can use Hayven

Hayven is for businesses, mainly nail salons in the United States. You must be at least 18 and able to enter into contracts.

People who book with your salon or fill in a form on one of your pages are your clients, not parties to these terms. Our Privacy Policy explains how we handle their information.

Accounts and security

The salon owner’s account controls the salon’s Hayven workspace, including which staff members are invited and what each one can see and do.
Keep sign-in details private and give each person their own login. You’re responsible for what happens under your salon’s accounts, and you should tell us right away at (866) 970-6888 if you think someone has gotten in without permission.
Our team sets up Hayven for you. With your permission, our staff may sign in to your workspace to set it up, make changes you ask for, and help when something isn’t working.

Plans, fees, and cancellation

Fees. You pay the fees in your order. Unless your order says otherwise, fees are billed monthly in advance, and prices don’t include taxes.
Usage charges. If your order includes usage-based charges, such as text message volume, extra phone numbers, or carrier registration fees, we bill them as your order describes.
No long-term contract. Hayven is month to month. You can cancel any time by calling, texting, or emailing us. Cancellation takes effect at the end of your current billing period, and you keep access until then. We don’t refund partial periods unless the law or your order requires it.
Price changes. We’ll tell you at least 30 days before a price change takes effect. If you don’t agree, you can cancel before the new price applies.
Late payment. If a payment is more than 15 days late, we may pause your account after telling you. Your data isn’t deleted while the account is paused.

Your data

Your data stays yours. “Your data” means everything you, your team, and your clients put into Hayven, including client records, appointments, messages, photos, and content. You own it.
How we use it. You let us host, copy, process, and send your data only to provide and support Hayven for you, keep it secure, and follow your instructions. For your clients’ personal information, we act as your service provider. We don’t sell it, and we never use it to market Hayven or to help another salon.
Aggregated information. We may use information about how Hayven is used, combined and stripped of anything that identifies your salon or your clients, to improve Hayven.
Getting a copy. You can ask for a copy of your client list and appointment history at any time while you’re a customer, and for 30 days after your account ends. After that, we may delete your data as described in our Privacy Policy.
Your responsibilities. You’re responsible for the accuracy of your data and for having the right to give it to us, including any photos, logos, or reviews you ask us to publish.

Hayven sends texts and emails to your clients in your salon’s name. Laws such as the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and state laws, along with carrier rules, apply to those messages. You agree that:

You’ll have the permission the law requires before messages go out. Appointment messages need the client’s consent to be contacted. Promotional texts need the client’s express written consent, which Hayven’s forms collect and record.
You won’t message people who opted out, and you won’t import or add numbers without the right consent. Hayven stops texts automatically when someone replies STOP, and includes an unsubscribe link in marketing emails.
You’re responsible for what your messages say, including offers and prices, and for giving us accurate business details for carrier registration (A2P 10DLC).
Delivery isn’t guaranteed. Carriers may filter, delay, or block messages. We may pause sending if a carrier or Twilio requires it or if messages look like spam.

Hayven gives you the tools for consent and opt-outs, but using them correctly is your responsibility.

Text messages from Hayven

This section applies to anyone who agrees to get texts from Hayven itself, for example by requesting a demo on hayven.ai.

What you’ll get: calls and texts about your demo request, and, if you become a customer, about your account and support.
How often: message frequency varies. Msg & data rates may apply.
Opting out: reply STOP to any text to stop getting texts from us. Reply HELP for help, or call or text (866) 970-6888.
Consent to texts is never a condition of buying anything. Carriers are not liable for delayed or undelivered messages.
We don’t sell, rent, or share mobile numbers or text-message consent with anyone for their marketing. See the text message section of our Privacy Policy.

Acceptable use

You won’t use Hayven to:

send spam or messages people didn’t agree to receive;
break any law, or infringe anyone’s rights, including privacy, publicity, and intellectual property rights;
publish false or misleading offers, reviews, or claims;
harass, threaten, or discriminate against anyone;
upload malware, probe or attack our systems, or get around usage limits or security;
copy, resell, or reverse engineer Hayven, or use it to build a competing product; or
put an unreasonable load on the service.

Third-party services

Hayven works with services from other companies, such as Twilio (texts and phone numbers), Google (Business Profile and reviews), Meta (Facebook and Instagram), and the POS you already use. When you connect or use one of them, its own terms apply between you and that company. We aren’t responsible for those services, and if one changes or stops offering a feature, the related Hayven feature may change too.

Hayven runs alongside your POS. We don’t control your POS provider or its data.

Facebook and Instagram automations

If you use Comment → DM, you must own the connected Facebook Page and Instagram account, or be authorized to manage them. You may use the feature only to reply to people who commented on your own posts, and you must follow Meta’s Platform Terms and messaging policies. You can pause an automation or disconnect your accounts at any time. Our Privacy Policy explains what data the feature uses and how long we keep it.

Marketing services by our team

If your plan includes marketing done for you, such as your bio page, promotion pages, campaigns, or ad tracking:

We build and publish content using the information, photos, and offers you give us, and you confirm you have the right to let us use them.
You’ll review offers and prices before they go live, and you’re responsible for honoring the offers you approve.
Ad spend is paid by you directly to the ad platform, unless your order says otherwise.
We work hard to bring you clients, but we can’t guarantee results such as bookings, revenue, reviews, or search rankings.

Setup, support, and availability

Setup. Our team sets up your salon on Hayven, usually in one call with you.
Support. Real people help you by phone, text, and email, in English or Tiếng Việt, at (866) 970-6888 and support@hayven.ai.
Availability. We work to keep Hayven running at all times, but we can’t promise it will never be interrupted. We may need short maintenance windows, and we’ll try to schedule them outside busy salon hours.

New and upcoming features

Some features are marked “New,” “Beta,” or “Coming soon.” Features that aren’t live yet aren’t part of what you’re paying for, so please don’t count on them when deciding to buy. Beta features are provided as they are, and we may change or remove them.

Hayven’s property and your feedback

Hayven, including its software, design, and brand, belongs to us. While you’re a customer, we give you a limited, non-exclusive, non-transferable right to use Hayven for your business. If you send us ideas or feedback, we may use them without owing you anything.

Confidentiality

Each of us may see the other’s non-public business information, such as your client list or our pricing and product plans. Each of us will use the other’s confidential information only for this agreement, protect it with reasonable care, and share it only with people who need it and are bound to keep it confidential. This doesn’t apply to information that’s public, that was already known, or that the law requires us to disclose.

Disclaimers

Except as these terms state, Hayven is provided “as is” and “as available.” To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Suggestions from Hayven’s AI writing tool can be wrong, so review them before you publish.

Limitation of liability

To the extent the law allows:

Neither of us is liable to the other for lost profits, lost revenue, lost data, or indirect, special, or consequential damages.
Each party’s total liability under this agreement is limited to the fees you paid Hayven in the 12 months before the event that caused the claim.

These limits don’t apply to your payment obligations, your obligations in “Indemnity,” or a breach of “Acceptable use.”

Indemnity

You’ll defend Hayven and hold it harmless against claims from others, and pay the resulting costs, when the claim comes from your data or content, messages sent at your direction (including claims about consent under the TCPA or similar laws), or your breach of these terms. We’ll tell you about the claim promptly and let you control its defense, and you won’t settle it in a way that binds us without our consent.

Suspension and ending the agreement

Suspension. We may pause your account, or the part of it that’s affected, if a payment is late, if Hayven is being used in a way that breaks these terms or the law, if there’s a security risk, or if a carrier requires it. We’ll tell you first when we can, and restore access once the problem is fixed.
Ending. You can cancel as described in “Plans, fees, and cancellation.” We can end the agreement with 30 days’ notice, or right away if you seriously break these terms.
After it ends. Access stops, fees already owed stay due, and you can still ask for a copy of your data as described in “Your data.” Sections that by their nature should continue (such as data, confidentiality, disclaimers, limitation of liability, indemnity, and governing law) continue.

Governing law and disputes

These terms are governed by the laws of Pennsylvania, without regard to its conflict-of-laws rules. If a dispute comes up, please contact us first; we’ll try to resolve it informally within 30 days. If we can’t, the dispute will be decided only by the state or federal courts located in Pennsylvania, and both of us agree to those courts’ jurisdiction.

Changes to these terms

We may update these terms as Hayven changes. We’ll post the new version here and update the “Last updated” date. If a change is significant, we’ll tell you by email or in the app at least 30 days before it takes effect. If you keep using Hayven after that, the new terms apply; if you don’t agree, you can cancel before they do.

General

These terms, your order, and our Privacy Policy are the whole agreement between us about Hayven.
Neither of us may transfer this agreement without the other’s consent, except as part of a merger or sale of the business.
Neither of us is responsible for delays caused by events outside our reasonable control, such as outages at carriers or hosting providers, natural disasters, or government action.
If part of these terms can’t be enforced, the rest still applies. Not enforcing a term right away doesn’t waive it.
We’re independent businesses. This agreement doesn’t create a partnership or employment relationship.
We’ll send notices to the email address on your account. Send notices to us at the contact details below.

Contact us

Nguyener Marketing LLC
408 Anthony Road
King of Prussia, PA 19406

Email: support@hayven.ai
Call or text: (866) 970-6888

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