Terms of Service

1. Who Can Use Winkly

The Platform is designed for lash technicians and related beauty professionals to manage their business operations. To create an account, you must have reached the age of majority in your jurisdiction of residence and be legally capable of entering into binding agreements. It is your responsibility to ensure you are eligible to use the Service under the laws that apply to you.

By creating an account, you confirm that you meet these requirements.

2. What Winkly Is

Winkly is a web-based platform that helps lash technicians manage their clients, send consent forms, handle bookings, and run their business. It is a business management tool — not a medical platform. Lash extension services are cosmetic in nature, and nothing within the Platform constitutes medical advice, medical services, or a provider-client relationship of any kind.

3. Your Account

You are responsible for providing accurate information when creating your account and for keeping your login credentials confidential. You are responsible for all activity that takes place under your account. Notify us immediately if you become aware of any unauthorized access to your account.

We may access your account as needed to provide support, ensure platform security, or investigate suspected misuse.

4. Free Trial, Freemium Plan, and Paid Subscriptions

Free Trial. All new accounts begin with a 30-day free trial of the Pro plan. No credit card is required during the trial period.

After the Trial. If you do not subscribe to a paid plan before the trial ends, your account will automatically be downgraded to the free (Freemium) plan at the end of the 30-day period.

Freemium Plan. The Freemium plan provides access to a limited set of features at no charge. Information and data you have entered into features that are only available on paid plans will remain stored securely in our system but will not be accessible while you are on the Freemium plan. No data is deleted as a result of a plan downgrade. If you upgrade to a paid plan, you will regain access to all previously entered data.

Paid Plans. You may upgrade to a paid plan at any time. Details about what each plan includes are available on our Pricing page. Your subscription plan determines which features are accessible to you.

Automatic Renewal. Paid subscriptions are billed on a monthly basis and automatically renew at the end of each billing cycle unless you cancel beforehand. By subscribing, you authorize us to charge your payment method on a recurring monthly basis. You will receive notice of upcoming renewals in accordance with applicable law. You may cancel at any time online through your account settings — no phone call is required.

Cancellation. You are responsible for managing, downgrading, or cancelling your own subscription. Cancellations or downgrades take effect at the end of the current billing period. You will retain access to your paid plan features for the remainder of the period for which you have already paid.

Failed Payments. If a payment attempt fails, we will retry the charge approximately 24 hours later. If the second attempt also fails, your account will be immediately downgraded to the Freemium plan. You may upgrade again at any time by providing a valid payment method.

Taxes. Applicable taxes (such as GST/HST) will be added at checkout based on your province or territory of residence.

5. Refund Policy

All fees paid are non-refundable, except in the event that we terminate your account without cause. In that case, you will receive a prorated refund for any prepaid fees covering the unused portion of your subscription term.

No refunds are provided for cancellations, downgrades, or partial use of a billing period.

6. Changes to Plans and Terms

We may update these Terms or the features available within any plan from time to time. If we make a material change to these Terms, we will notify you by email at least 30 days before the change takes effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms. We will not make changes to cancellation, refund, or renewal terms in a way that increases your obligations or reduces ours without providing proper notice and, where required, your right to cancel without penalty.

7. Your Data and Your Clients

You retain ownership of all data you enter into the Platform, including your client information. We process that data solely to provide the Service to you.

As a lash technician using the Platform to manage your clients, you are responsible for:

• Having a lawful basis for collecting your clients' personal information;
• Informing your clients that their information is being collected and how it will be used;
• Using client data only for the legitimate purposes of managing your business through the Platform;
• Complying with all applicable privacy laws in your jurisdiction.

We will not sell your data or your clients' data. In the event of a data breach affecting your account, we will notify you as required by applicable law.

8. Your Compliance Obligations

You are operating your own independent business. You are solely responsible for ensuring that your business practices, services, certifications, and operations comply with all applicable local, provincial, federal, and international laws and regulations. We do not provide legal, regulatory, or professional compliance advice. Nothing in these Terms or the Service constitutes guidance on your compliance obligations.

9. Intellectual Property

We own all rights to the platform, software, design, branding, and related materials. You are granted a limited, non-exclusive, non-transferable licence to access and use the Service for your internal business purposes during the term of your subscription.

You retain all rights to the data and content you enter into the Platform. We do not claim ownership of your data.

Any feedback or suggestions you provide may be used by us to improve the Service without compensation or attribution to you.

10. Acceptable Use — What You May Not Do

When using Winkly, you agree that you will not:

• Use the Service for any purpose other than managing your own lash or beauty business;
• Access or use the Service to study, reverse-engineer, replicate, benchmark, or build a competing product or service — including accessing the platform to observe its features, workflows, or inner workings for competitive purposes;
• Upload false, fabricated, or misleading certifications or business information;
• Use client data for any purpose outside of managing your business through the Platform;
• Send unsolicited commercial messages to clients through the Platform;
• Attempt to gain unauthorized access to any part of the Service or another user's account;
• Use any automated tool, bot, or scraper to access or extract data from the Service;
• Reverse-engineer, decompile, or attempt to access the source code or underlying systems of the Platform;
• Use the Service in any way that violates applicable law.

We reserve the right to suspend or terminate your account if you violate this section or any other part of these Terms.

11. Third-Party Services

The Platform integrates with third-party services (such as payment processors and scheduling tools) to deliver certain features. Your use of these integrations may be subject to the terms and conditions of those third parties. We are not responsible for third-party services.

To receive client payments through the Platform, you must connect a Stripe account and agree to Stripe's Connected Account Agreement. Stripe manages identity verification independently of us.

12. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free from security vulnerabilities. We do not warrant that any information provided through the Service is accurate, complete, or suitable for your specific purposes.

13. Limitation of Liability

To the maximum extent permitted by applicable law, our total liability to you for any claims arising out of or relating to these Terms or the Service is limited to the fees you have actually paid to us in the 12 months immediately preceding the event giving rise to the claim. If you are on a free plan and have paid no fees, our liability is nil.

We are not liable for any indirect, special, incidental, consequential, or punitive damages, including lost profits, business interruption, or loss of data, even if advised of the possibility of such damages.

Nothing in this section limits our liability for gross negligence, willful misconduct, or breach of applicable data protection obligations.

14. Suspension and Termination

You may close your account at any time through your account settings. If you close your account, your data will be retained for a short period before being permanently deleted, except where longer retention is required by law.

We may suspend or terminate your account if you violate these Terms, engage in conduct that harms other users or the Platform, or as otherwise required by law. We will make reasonable efforts to notify you before doing so, except where immediate action is necessary.

Upon termination, you will be given a reasonable opportunity to export your data before it is permanently deleted. If we terminate your account without cause, you will receive a prorated refund as described in Section 5.

15. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any disputes arising from these Terms or the Service will be subject to the jurisdiction of the courts of British Columbia, except where otherwise required by applicable consumer protection law.

16. Notices

All notices from us to you will be provided by email to the address associated with your account. You are responsible for keeping your email address current. Notices are deemed received when sent.

To contact us, please email: support@winklyapp.com

17. General

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

Our failure to enforce any provision of these Terms on one occasion does not constitute a waiver of that provision on any future occasion.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to your use of the Service.

Winkly — winklyapp.com