Effective Mar 2023

General; Use of this Site

These terms and conditions set forth in this website (“this site”) and any related mobile applications (“Apps”) constitute an agreement (“this agreement”) between you (“you” or “Customer”) and BigToe Pose, Inc. (“we” or “BigToe”). This agreement governs your access to and use of www.bigtoe.yoga and any BigToe software, Apps and services (collectively the “Services”).

We reserve the right to change the terms and conditions of this agreement or to modify or discontinue the Services offered by us at any time. Those changes will go into effect on the effective date shown in any revised agreement. If we change this agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s) and/or by sending an email notice to you using the contact information provided by you. Therefore, you agree to keep your contact information up-to-date and that notice sent to the last email address you provided shall be considered effective. We also encourage you to check this agreement from time to time to see if it has been updated.

We may require you to affirmatively acknowledge the updated agreement before further use of the Services is permitted. However, by continuing to use any Services after the effective date of any modifications to this agreement, you agree to be bound by such changes. If the modified terms are not acceptable to you, please cease using the Services.

Description of Services

BigToe provides an online platform that connects massage therapists and yoga instructors with customers such as you. As a user of the Services, you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete, including with regard to payment information. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for Services, including any method offered or used through a mobile application. Furthermore, you agree and authorize us to, from time to time, and to the maximum extent permitted by law: (i) submit a transaction using the card information provided, (ii) if necessary, obtain updates from card issuers, card networks or other payment service providers for card numbers or other information provided to us and (iii) if necessary (and applicable) bill your mobile carrier or others via a mobile application if you authorize us to do so. You understand that any personal information you provide or that we collect through our Services is subject to our privacy policy available on our website. You agree that by using the Services in order to obtain massage therapy or yoga instruction, you are directing BigToe to intentionally disclose personal information to message therapists or yoga instructors, as applicable.

BigToe is committed to protecting the safety and wellbeing of all individuals who utilize our platform. As such, the Services provided by BigToe, including massage therapy and yoga instruction, are exclusively available to individuals who are 18 years of age or older. By agreeing to these terms and conditions and using our Services, you represent and warrant that you are at least 18 years old. Minors, defined as individuals under the age of 18, are not permitted to use the Services, either independently or accompanied by an adult. This restriction is in place to ensure compliance with legal and ethical standards, and to protect the interests of both our customers and service providers. If it comes to our attention that a minor has provided us with personal information or attempted to utilize our Services, we will take steps to remove that individual's information from our databases and prohibit them from future use of the Services. BigToe reserves the right to request proof of age at any time to verify compliance with this policy.

BigToe operates on a model where service providers are assigned based on their availability, proximity, and the specific service requested by the customer, rather than by customer selection. However, we respect and will accommodate the gender preference of our customers in assigning service providers, provided that such preference is indicated at the time of booking. By using our Services, you acknowledge and accept that, aside from specified gender preference, you will not be able to choose a specific massage therapist or yoga instructor. While we understand the importance of personal preferences, our system prioritizes availability and geographic proximity to ensure prompt and efficient service delivery. We assure you that all our service providers are highly trained, certified, and meet our rigorous quality standards. We strive to ensure that all our customers receive a consistently high-quality experience with every session booked through BigToe.

You acknowledge and agree that we reserve the right, at our sole discretion, to change or replace the service provider assigned to your session without prior notice. This may occur for various reasons, including but not limited to, scheduling conflicts, unforeseen circumstances, or other factors that may affect the original provider's availability. By using our platform, you accept and understand that such changes may occur and that we will endeavor to maintain the quality and continuity of the service provided.

Customer hereby acknowledges and understands that providers of the Services are highly trained, certified and licensed (where applicable under relevant state law) and specialize in massage therapy, yoga and related health and wellness techniques, as applicable. BigToe does not tolerate any requests deemed sexual or inappropriate in nature. Any customer reported for inappropriate behavior will be immediately removed from the Services.

Bigtoe acts as a facilitator by providing an online platform that connects service providers with customers. As part of our onboarding process, we require all service providers, including massage therapists and yoga teachers, to affirm that they possess all necessary and valid licenses and certifications as required by local and state laws. While we make a reasonable effort to verify the information provided to us by the providers, the sheer number of service providers and differences in state and local regulations make it impossible to thoroughly validate each individual's credentials. Therefore, Bigtoe cannot be held liable for any misrepresentation, inaccuracy, or falsification made by the providers about their licensing or certification status. By using our platform, you acknowledge and agree that it is your responsibility to independently verify the credentials of the service providers, if you deem it necessary. Bigtoe disclaims all liability for any loss or damage arising from any reliance placed on the information presented by the providers regarding their professional qualifications.

You acknowledge and agree that, in the event that you exhibit inappropriate or offensive behavior during a session, the service provider reserves the right to terminate the session without completing the service. In such circumstances, you will still be charged the full cost of the session as if it were completed. Furthermore, you may be removed from the platform and barred from using our services in the future. By using our platform, you accept and agree to adhere to a code of conduct that maintains a safe and respectful environment for all parties involved.

You hereby acknowledge and agree that we maintain a strict policy regarding smoking, alcohol, marijuana, or any prohibited substances to ensure a safe and professional environment. Smoking is strictly prohibited during sessions and in the vicinity where the service is being provided. Consumption of alcohol or marijuana before or during the session is expressly forbidden. If a service provider suspects that you are under the influence of alcohol or marijuana, they reserve the right to terminate the session immediately, and you will still be charged the full cost of the session. The use of illegal drugs or other prohibited substances before or during the session is strictly prohibited. If a service provider suspects that you are under the influence of such substances, they reserve the right to terminate the session immediately, and you will still be charged the full cost of the session. You further acknowledge and agree that our service providers have the right to work in a safe and comfortable environment. Any behavior that compromises their safety or comfort may result in the immediate termination of the session, and you will be charged the full cost of the session. Additionally, you may be removed from the platform and barred from using our services in the future.

You hereby acknowledge and agree to adhere to our draping policy during massage sessions. Draping is mandatory and involves the use of sheets or towels to cover the client's body, with only the area being worked on exposed at any given time. You agree to remain appropriately draped throughout the entire session. Any requests to remove or adjust the draping in a manner that compromises the professional boundaries of the service provider will result in the immediate termination of the session. In such cases, you will still be charged the full cost of the session. Furthermore, any behavior deemed inappropriate or offensive may lead to your removal from the platform and prohibition from using our services in the future.

When booking a massage session, you are responsible for ensuring that there is adequate space available for the provider to set up a massage table, especially in hotel rooms or confined spaces. It is imperative that the chosen location can comfortably accommodate both the provider and the necessary equipment. Asking the provider to perform a massage on a bed or any surface other than the massage table is strictly prohibited and will not be tolerated. Failure to provide adequate space or requesting them to use the bed may result in the immediate termination of the session without a refund.

Customer further acknowledges that providers of the Services have agreed with BigToe not to circumvent BigToe by contracting directly with customers initiated through the BigToe online platform. By using the Services, Customer also agrees not to contact providers other than through the BigToe online platform.

Communication Consent

By creating an account and using the services of Bigtoe, you expressly consent to receiving communication from us and our service providers. This includes, but is not limited to, appointment confirmations, reminders, updates, and information about your service requests.

You understand and agree that such communications are a fundamental part of the services we provide and that they will be sent to you through the preferred contact information you have provided to the Company. As part of our commitment to your privacy, all direct communication between you and our service providers will occur through the Company's secured messaging system, which masks personal contact information to maintain confidentiality.

You acknowledge that you are not required to consent to receive promotional messages as a condition of purchasing any goods or services. However, by booking a session, you grant the Company and its service providers the right to send you service-related messages. If you wish to withdraw your consent and stop receiving service-related messages, you may do so at any time by using the opt-out features provided in the communication or by updating your account preferences.

Please note that opting out of receiving service-related messages may impact your use of our services and your ability to communicate effectively with service providers regarding your bookings.

Accuracy of Information and Specifics of Location

To facilitate effective and efficient service, it is crucial that you provide accurate and comprehensive information to BigToe, including your correct phone number and location details. The location information includes your complete address, along with any specific details such as apartment or floor number. If your location is accessed via stairs, please provide the number of flights the provider will need to climb.

We ask that you disclose if there are any pets, such as dogs or cats, at the location, as this information can be important for providers who may have allergies. Furthermore, please inform us about the parking situation at your location, including whether parking is on the street, in a garage, valet service, or otherwise, and whether it is free or paid.

Please also specify the type of location for the service - whether it's a residence, a hotel, or an office. If the service is to be provided at a hotel or an office, kindly provide the name of the hotel or business. Please note that services provided at hotels may incur higher fees.

The phone number you provide should be valid and able to receive calls and/or text messages in case the provider or BigToe needs to contact you for any reason related to your service.

By using our platform, you agree to provide accurate and complete information regarding your location, phone number, and other relevant details. Failure to provide correct information may result in service delays, cancellation, or additional charges. BigToe is not responsible for any issues that arise due to inaccurate or incomplete information provided by the customer.

When booking services with Bigtoe, it is the customer's responsibility to ensure that our providers can gain access to the location specified for the service. This includes, but is not limited to, securing any necessary permissions, passes, or access codes required for entry into buildings, gated communities, hospitals, or other secure locations. If a provider is denied entry due to lack of necessary permissions, the client may still be charged for the service. In addition, any costs or penalties incurred by the provider due to denied access may be charged to the client. By booking our services, the client agrees to take all necessary steps to ensure the provider can access the location and provide the service as scheduled.

Payments for services

In accordance with this Terms of Service, you hereby acknowledge and agree that we reserve the right to place a temporary hold on your designated payment method for an amount up to the full cost of the session(s) you book through our platform. This hold serves to ensure the availability of funds and may be maintained until the completion of the session(s) and any applicable fees have been successfully processed. You further acknowledge that if the hold on funds is unsuccessful or cannot be placed for any reason, we reserve the right to deny the requested service and cancel your booking.

The cost of each session booked through Bigtoe is as displayed on our platform, and includes the fees for the specific service requested. An additional mandatory gratuity of 20% of the session cost will be added to all sessions. This 20% gratuity will be automatically added on top of the service cost and is non-negotiable. The total price, inclusive of the service cost and gratuity, will be clearly displayed on the checkout screen before you confirm and finalize your booking. By confirming your booking, you agree to pay the total price displayed, acknowledging that it includes the mandatory gratuity.

You acknowledge and agree that our cancellation policy will be applied in the event of a session cancellation. The cancellation policy, including any applicable fees or penalties, will be displayed on the checkout screen prior to booking a session. By proceeding with the booking through our platform, you accept and agree to adhere to the terms of this policy. In the event of a cancellation, we reserve the right to charge the applicable cancellation fees using the hold on funds that was placed during the booking process. Please review the cancellation policy carefully to understand the consequences and conditions for cancelling a session.

You acknowledge and agree that, as a general policy, the services rendered through our platform are non-refundable. While we strive to maintain a high standard of quality in the services provided, refunds will generally not be granted for reasons including, but not limited to:

• Quality of service: Displeasure with the standard of service provided, or any subjective assessment of the service received.
• Provider's punctuality or responsiveness: Delays or lack of communication from the service provider, within reasonable limits.
• Dissatisfaction with the outcome or results of the service: Unmet expectations regarding the end result or effects of the service provided, which may be influenced by various factors beyond our control.
• Change of mind or personal circumstances: Cancellation or rescheduling due to personal reasons, preference changes, or any other circumstance unrelated to the service or platform, subject to our cancellation policy.
• Inability to use the service for reasons beyond our control: External factors or events that may prevent the use of the service, such as technical issues, legal restrictions, or force majeure events.
• Customer no-shows: Failure to attend or participate in the scheduled service without providing timely notice as per the cancellation policy.
• Provider unable to reach customer due to customer's error: Situations where the provider cannot reach or contact the customer as a result of incorrect or incomplete information provided by the customer, such as an erroneous phone number or address.
• Inaccurate age range or gender information provided by the customer: It is the customer's responsibility to accurately provide the age range and gender of the customer(s) receiving the service. In rare instances, if a provider refuses to serve the customer due to discrepancies in the provided age range or gender, no refunds will be given.

However, at our sole discretion, Bigtoe may choose to provide a refund or credit under exceptional circumstances. Any such decisions will be made on a case-by-case basis, and the granting of a refund or credit in one instance does not guarantee or imply that similar refunds or credits will be granted in other situations.

You acknowledge and agree that our service providers strive to arrive at the scheduled time for all appointments. However, due to unforeseen circumstances, providers may occasionally be delayed. In such instances, providers are permitted a grace period of up to 30 minutes from the scheduled appointment time. If the provider is more than 30 minutes late, you are entitled to a full refund for the session. We appreciate your understanding and patience as our providers make every effort to arrive on time and provide you with the best possible service.

Responsible Use of the Service

Account Use: Each user is responsible for all activity that occurs under their account, including all bookings made. We reserve the right to monitor usage of our platform and we may, at our sole discretion, flag certain behaviors as abusive or suspicious.

Booking and Cancellation: We understand that plans can change and cancellations might be necessary. However, a pattern of repeated bookings followed by cancellations can disrupt our ability to provide efficient service to all of our users and could be perceived as misuse of our platform. As such, if a user repeatedly books and then cancels services, we reserve the right to issue a warning, temporarily suspend, or permanently terminate the user's account.

Use of Block/Pause Functionality: The platform provides you the ability to block service providers after your sessions with them to ensure a personalized service experience. The Company reserves the right to monitor the use of this feature for patterns that, at its sole discretion, constitute excessive use, such as the indiscriminate blocking of multiple service providers without reasonable justification. In the event of deemed excessive use, the Company may take actions including, but not limited to, issuing warnings, suspending, or terminating your account, with such determinations being final. You agree to employ this functionality judiciously.

Appeals: If your account has been flagged for suspicious or disruptive behavior, and you believe this is in error, you may contact our support team. While we will review the situation and work with you to resolve any issues, please be aware that there is no guarantee that your access to our Services will be restored. The final decision rests solely with us and will be determined in accordance with these Terms of Service.

As part of your use of our platform, you agree to use the service responsibly, in compliance with all applicable laws, and in a manner that does not infract the rights of any other user or third party.

Release of, and Limitation of, Liability

YOU UNDERSTAND AND AGREE THAT BIGTOE HAS NO CONTROL OVER THE CONDUCT OF MASSAGE THERAPISTS OR YOGA INSTRUCTORS, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY OF THEIR ACTS, ERRORS OR OMISSIONS.

Customer hereby knowingly and voluntarily enters into this waiver and release of liability and hereby waives any and all rights, claims or causes of action of any kind whatsoever arising out of Customer’s use of the Services and does hereby release and forever discharge BigToe, and its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that Customer may suffer in connection with Customer’s use of the Services.

You further agree to indemnify and hold harmless BigToe against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by you or anyone else acting on your behalf.

In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you are responsible for obtaining and maintaining health care insurance.

BIGTOE DOES NOT MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, OR USEFULNESS WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT THIS SITE AND ANY RELATED APPS HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE SITES AND APPS MEET YOUR REQUIREMENTS.

THE AGGREGATE LIABILITY OF BIGTOE AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, ANY CAUSE OF ACTION ARISING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT RECEIVED BY BIGTOE FROM YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $250.

The laws of certain jurisdictions do not allow for the exclusion or limitation of legal warranties, liability or certain damages or limits of representations. If these laws apply to you, then you may have additional rights.

Intellectual Property Protection

All right, title, and interest in the Services, including the content of this site, are and will remain the property of BigToe. This includes, without limitation, non-personally identifiable aggregate data collected by BigToe in connection with providing the Services, including usage statistics and traffic patterns. Subject to this agreement, BigToe grants you a limited license to use the Services in accordance with the terms hereof.

This site and any Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored or modified. You agree not to redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of this site, any Apps or any content or components that are available on this site or any related Apps.

You further agree not to interfere or take action that results in interference with or disruption of this site or any related Apps or servers or networks connected to this site or any Apps.

If you elect to post, upload, publish, submit or transmit certain content, including without limitation, photographs or other visual likenesses of you, then you are deemed to have granted to BigToe a non-exclusive, fully sublicenseable right to use such materials to provide the Services, promote the Services and improve the Services. If you do not want to grant us permission to use such materials in accordance with this agreement, please do not post, upload, publish, submit or transmit them.

This site or any related Apps may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). These links are provided for your information and convenience only. We have no control over the contents of those sites or resources. BigToe does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use any Third-Party Links & Ads at your own risk. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, and not this agreement.

When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this agreement are between you and us and not with the owner or operator of the App Store.

Governing Law; Venue

This agreement and the rights and obligations of the parties hereunder and thereunder shall be interpreted and construed in accordance with, under, and governed by, the laws of the [Commonwealth of Pennsylvania]. The parties agree that any litigation directly or indirectly relating to the Services must be brought before and determined by a court of competent jurisdiction within [Philadelphia County, Pennsylvania], and the parties hereby agree to waive any rights to object to, and hereby agree to submit to, the jurisdiction of such courts.

Severability

In the event that any provision contained within this agreement shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

Assignment

This agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without BigToe’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign or transfer our rights and obligations under these Terms to another company or organization – for example, this could include another member of our group of companies or someone who buys our business. We will notify our active Users in writing if this happens.

International Users

The Services are controlled and offered by BigToe from its facilities in the United States of America. BigToe makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

Force Majeure

BigToe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, power or Internet outage, war, pandemics, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Entire Agreement

This agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.