Summary
This is a translation. The Portuguese version is the official one and prevails in case of any discrepancy. These Terms apply together with our Privacy Policy.
1. Who we are
Cutspot is operated by KAMPLISH – Desenvolvimento de Sistemas LTDA, a Brazilian limited liability company, CNPJ 35.977.805/0001-74, headquartered at Av. Marquês de São Vicente, 1619, Edif. LED Barra Funda, Conj. 1510, Várzea da Barra Funda, São Paulo – SP, 01.139-003, Brazil ("Cutspot", "KAMPLISH", "we").
Contact: contato@cutspot.app.
2. Definitions
- Service: the Cutspot iOS and Android apps, the web dashboard (including app.cutspot.app and Businesses' own addresses such as name.cutspot.app), the website and supporting systems.
- User / you: anyone who accesses the Service.
- Client: a User who looks for Businesses and books services.
- Business: a barbershop, salon, studio or independent professional that lists establishment(s) on the Service, and the person who manages the account on its behalf.
- Professional: a person who delivers the in-person service for the Business.
- Booking: a reservation of an in-person service made by a Client with a Business through the Service, or recorded by the Business itself.
- Content: anything a User submits to the Service: text, photos, reviews, client data, prices, notes, etc.
- Plan: Free, Pro or Network (Rede) for Businesses; Premium for Clients.
- Club: a recurring service subscription a Business offers to its clients.
3. Acceptance & eligibility
Acceptance is given by ticking the box "I have read and accept the Terms of Use and the Privacy Policy" in the app — at the end of the welcome screens, at sign-up or on the acceptance screen. We record the version accepted, the birth date provided, the date, the time and the IP address. By purchasing a Plan or using the Service, you also confirm you have read and accepted these Terms and the Privacy Policy. Electronic acceptance has the same effect as a signature. If you do not agree, do not use the Service.
Cutspot may be used by people of any age, and we ask everyone for their date of birth. Anyone under 18 may only use the Service with the knowledge and permission of a parent or other legal guardian, declared in the app. The guardian is responsible for the minor's actions in the Service, including bookings, no-shows and cancellations, and may request deletion of the account at any time. For children (under 12), the account must be created or supervised by the guardian, who ticks the permission.
Buying a paid Plan, joining a Club or making payments requires being 18 or older, or the representation or assistance of the legal guardian as provided by law. We may ask for confirmation of the guardian's permission and suspend the account until it is confirmed. Anyone accepting these Terms on behalf of a Business represents they are authorized to bind it.
4. What Cutspot is (and is not)
Cutspot is a technology platform that (a) helps Clients find Businesses and book time slots and (b) provides management tools to Businesses. Therefore:
- Cutspot does not provide barbershop, aesthetic or beauty services, does not employ or endorse Professionals, and is not a party to the service agreement between Client and Business.
- Price, duration, availability, quality, hygiene, safety and performance of the in-person service are the sole responsibility of the Business, which is the supplier towards the Client.
- Business information (photos, prices, address, reviews, "open now", distance, open slots) is supplied by Businesses or calculated automatically and may be out of date. Confirm with the Business when it matters to you.
- Listing a Business on the Service is not a recommendation, guarantee or certification by Cutspot.
None of this excludes liability the law assigns to Cutspot for its own acts, for the security of the Service, or for non-waivable consumer rights (Section 19).
5. Account & security
- Provide accurate information and keep it up to date. One person may not use another's account.
- You are responsible for keeping your password secret, for access to your device and for everything done with your account. Tell us at contato@cutspot.app if you suspect misuse.
- Businesses that share access with staff are responsible for the acts of those they authorize.
- We may ask you to verify your identity before handling account requests.
- A Client account does not convert into a Business account (or vice versa) without a new sign-up.
6. Rules for Clients
6.1 Bookings
- A slot is only reserved once the Service shows the confirmation. The slots shown depend on the schedule provided by the Business and may change until then.
- The Business may decline, reschedule or cancel a Booking. In that case Cutspot is not liable for losses, without prejudice to your rights against the Business.
- Arrive on time and cancel in advance through the app. Each Business may have its own lateness, grace-period and no-show policy, which applies to your Booking.
- The Business may record a no-show if you don't attend, which may appear in its history. Repeated no-shows may lead the Business to limit new bookings with it.
- Reminders, attendance confirmation requests and open-slot alerts (including the waitlist) are a convenience: they may not arrive due to network, device or notification-system failures, and do not replace your own follow-up.
- One-off services are paid directly to the Business by the methods it accepts. Cutspot does not intermediate that payment.
6.2 Reference photo & notes
If you attach a reference photo or write notes, they will be seen by the Business and the people who work with it. Do not send health data or third-party data unnecessarily.
6.3 Client Premium
Premium is an optional subscription that unlocks your beauty history (photos, notes and colors) and is governed by Section 8. The history is private: the Business only sees the photo you choose to attach to a Booking.
7. Rules for Businesses
If you register a Business, in addition to the other rules you represent and undertake to:
- Be compliant: be duly incorporated and hold all licenses, permits, registrations and qualifications required for the services you offer.
- Keep information accurate: keep your name, address, photos, services, prices, duration, hours, Professionals, policies and audience served truthful and current. Advertised prices must be honored.
- Honor confirmed Bookings, or notify the Client reasonably in advance through the Service.
- Consumer relationship: comply with the Brazilian Consumer Protection Code towards your clients, including price information, complaints, refunds and charges.
- Staff: be fully responsible for your Professionals, employees and contractors, including labor, social-security, tax and commission obligations. Cutspot has no relationship with them.
- Taxes and invoices: issue invoices and meet tax and accounting obligations. Cutspot's Financial, tab ("comanda"), commission, goals and inventory reports are management tools, not tax documents, and do not replace an accountant, a tax system or an invoicing solution.
- Your clients' data: process the data you enter (client records, phone, birthday, tags, notes, tabs, photos) in compliance with the LGPD, as controller of that data, following item 7.1.
- Client images: only publish photos of people (including "Before and After" and gallery) with the portrayed person's prior, provable authorization. You are solely responsible for claims about those images.
- Communications: use campaigns, discounts and messages lawfully, without misleading or abusive advertising.
7.1 Data the Business processes on Cutspot
For data a Business enters or receives to manage its clients (records, service history, tabs, notes, tags, photos, waitlist, no-shows), the Business is the controller and Cutspot acts as processor, processing that data only to provide the Service to the Business, under these instructions:
- the Business ensures it has a legal basis for each piece of data it enters and each message it sends, and informs its clients about the processing;
- Cutspot keeps that data confidential, with appropriate security measures, accessed only by authorized people and processors (the sub-processors listed in the Privacy Policy, which the Business hereby authorizes);
- Cutspot reasonably helps the Business, where technically possible, to answer data-subject requests, and reports relevant security incidents involving that data;
- Cutspot may use that data in aggregated, anonymized form to measure and improve the Service, without identifying the Business's clients;
- when the account ends, the Business's data is deleted, except where retention is legally required. The Business is responsible for exporting or keeping beforehand anything it needs.
When one of your clients also has a Cutspot account, Cutspot is the controller of that client's account data, and each party is responsible for its own processing.
7.2 Dashboard address
The dashboard address handle (e.g. barbershop.cutspot.app) is a license to use, not the Business's property. We may refuse, change or reclaim handles that infringe a trademark, name or third-party right, are misleading, or remain unused after the account ends.
8. Plans, prices & billing
- Free: a Business may use the Service at no cost within the plan's current limits (e.g. number of Professionals, locations, monthly bookings and features). Each Plan's limits and features are shown in the Service before purchase.
- Pro, Network and Client Premium are paid subscriptions that renew automatically at the end of each period (monthly or yearly, as purchased) until cancelled. Price, period and inclusions are shown before you confirm.
- Where billing happens: in-app purchases are billed by the Apple App Store or Google Play and cancelled in the store settings; web purchases are billed by Stripe and cancelled in the dashboard billing portal. Store purchases are validated with the help of RevenueCat.
- Cancellation stops the next renewal. Paid access continues until the end of the period already paid, with no pro-rata refund, unless the law or store rules say otherwise. Deleting your account or uninstalling the app does not cancel your subscription.
- Plan and period changes (upgrade, downgrade, monthly/yearly switch) follow the rules shown at the time of the change and those of the billing channel.
- Moving to a lower plan: existing items are not deleted, but creating new items must respect the new plan's limits. Paid-only features may become unavailable.
- Price changes: we may change prices and Plan contents for future periods, with at least 30 days' notice for active subscriptions, which may be cancelled before the new price applies. Promotions apply for the period and under the conditions announced.
- Failed payment: paid access may be suspended until payment is settled.
- Right of withdrawal: Brazilian consumers who purchase on the web may withdraw within 7 days of purchase (art. 49 of the Consumer Code) through the dashboard's Plan & billing screen or our contact email, with a refund of the amount paid. Store purchases are also subject to Apple's and Google's refund policies.
- We do not receive or store full card numbers, security codes or banking passwords.
- Prices include applicable taxes as shown at checkout.
9. Clubs & payments to Businesses
A Business may offer a Club (service subscription) to its clients. In that case:
- The Club is a product of the Business, which sets price, number of services, usage rules, pauses, cancellation and refunds, and is responsible for them towards the client.
- Online charges are made by Stripe directly on the Business's account (Stripe Connect). The Business is the seller and responsible for the transaction; Cutspot provides the technology and is not a creditor, guarantor or responsible for payouts.
- To receive payments, the Business must accept Stripe's terms and complete the onboarding and verification Stripe requires. Holds, blocks, payout timing, disputes and chargebacks follow Stripe's rules and are the Business's responsibility.
- Each Club payment received through the Service is subject to the Cutspot platform fee in force, shown in the dashboard before activation (currently 5% of the amount), deducted automatically, plus Stripe's own fees, which are also borne by the Business. Fee changes apply after 30 days' notice.
- When the Business records payments received outside the Service (cash, Pix, card terminal), Cutspot only records the information and takes no part in the transaction.
10. Loyalty, campaigns & perks
- Loyalty cards, stamps, rewards, vouchers, campaign discounts, last-minute offers and Club benefits are offered by the Business, which sets and honors the rules. Cutspot provides the tool and records progress.
- Stamps, vouchers and discounts have no cash value, cannot be sold or transferred, and are only valid at the Business that granted them, under the stated conditions.
- A voucher already earned remains valid even if the Business ends or changes the program, unless an expiry date was stated when granted or there is fraud.
- The Service may automatically identify clients who haven't returned in a while so the Business can run campaigns. This is a statistical suggestion with no legal effect on anyone.
- We may void benefits obtained through fraud, obvious error or use contrary to these Terms.
11. Content, reviews & images
11.1 Ownership & license
You keep ownership of the Content you submit. To operate the Service, you grant Cutspot a free, non-exclusive, worldwide license, for as long as the Content remains on the Service, to host, store, copy, adapt (resize, compress, crop), display and transmit that Content to the Users it is meant for, sublicensable only to necessary processors. Public Business content (name, logo, photos, services, prices) may also appear in Cutspot promotional materials while the Business is active; the Business may request removal at any time.
11.2 Responsibility
You warrant that you hold the rights and authorizations needed for what you submit (including people's image rights and photo copyrights) and that the Content is lawful and truthful. You are responsible for your Content.
11.3 Reviews
Reviews must reflect a real experience, without insults, third-party personal data or conflicts of interest (e.g. a Business reviewing itself or a competitor). Businesses may not offer anything in exchange for positive reviews or pressure clients to change them.
11.4 Moderation & removal
We do not pre-screen Content, but we may remove, hide or restrict Content and accounts that breach these Terms or the law, or to comply with a court order or valid authority request. To report a review, use the report button (flag) on the comment itself. To request removal of other Content that violates your rights (including image, privacy or copyright), email contato@cutspot.app identifying the content and the reason. Our liability for third-party Content follows Brazil's Internet Civil Framework (Law 12,965/2014).
12. Prohibited conduct
You may not:
- use the Service for unlawful, fraudulent or discriminatory purposes, or to put people at risk, including children and teenagers;
- create fake or mass bookings, bookings with no intent to attend, or reserve slots to block a Business's schedule;
- post false information, fraudulent reviews, or offensive, sexual, violent or hateful content, or content that infringes third-party rights;
- use other Users' data for any purpose other than the Booking or the service, including marketing without a legal basis;
- access accounts, data or systems without authorization; exploit vulnerabilities (anyone who finds one should only report it to contato@cutspot.app, without accessing third-party data); bypass Plan limits, billing or security controls;
- reverse engineer, copy, scrape, use bots on or overload the Service;
- resell, sublicense or commercially exploit the Service without authorization;
- impersonate another person or Business.
13. Intellectual property
The Service, including software, code, design, screens, text, the "Cutspot" marks, logos and other elements (excluding Users' Content), belongs to KAMPLISH or its licensors. We grant you a personal, limited, revocable, non-exclusive, non-transferable license to use the Service under these Terms. No other rights are granted. Suggestions you send us may be used freely, with no obligation to pay.
14. Third-party services
The Service relies on providers such as Supabase, Apple, Google (including Firebase, Maps and Places), RevenueCat, Stripe, Sentry and Cloudflare, listed in the Privacy Policy. Your use of those services is also subject to their terms. We do not control external links and integrations and are not responsible for their availability or content, subject to Cutspot's legal obligations.
15. Availability & changes
- We aim to keep the Service available and secure, but it may be unavailable due to maintenance, updates, provider or internet failures, or force majeure. There is no guarantee of uninterrupted availability or service level unless agreed in a specific contract.
- We may add, change or remove features. If a change materially reduces a feature of a current paid Plan, we will notify you and you may cancel, with a pro-rata refund of the unused period where the law requires.
- Keep the app updated; old versions may stop working.
- The Business is responsible for keeping its own copies of information it needs for tax, accounting or evidentiary purposes. The Service offers data export but is not a document-retention service.
16. Warranties & liability
The Service is provided as is and as available. To the maximum extent permitted by law:
- Cutspot is not liable for the in-person service, for acts or omissions of Businesses, Professionals or Clients, for no-shows, delays, cancellations, prices, quality, harm occurring at the establishment, or disputes between Clients and Businesses;
- Cutspot is not liable for lost profits, loss of clientele, indirect damages or data loss caused by events beyond its reasonable control, by the User's own misuse of the account, or by failures of devices, networks, app stores or third-party payment methods;
- for Businesses, which use the Service as a tool of their commercial activity, Cutspot's total liability for any cause related to the Service is limited to the amount paid by the Business to Cutspot in the 12 months before the event (or BRL 500.00 if nothing was paid), except in case of willful misconduct, gross negligence or where the law forbids such limitation.
Nothing in this Section limits consumer rights that cannot be waived by contract, or liability for willful misconduct or damages the law does not allow to be excluded.
17. Indemnification
You agree to reimburse Cutspot for losses, judgments, fines, costs and reasonable attorneys' fees arising from third-party claims caused by: (a) your breach of these Terms or the law; (b) your Content; (c) for Businesses, the services provided, the relationship with clients, staff and tax authorities, the use of client images and the processing of data it controls. We will notify you of the claim and you may take part in the defense. This clause does not apply to the extent the harm results from Cutspot's fault or where consumer law forbids it.
18. Suspension & termination
- By you: you may stop using the Service at any time and delete your account in the app (Profile) or on the Delete account page. Cancel subscriptions first in the channel where you bought them.
- By us: we may warn, limit, suspend or terminate accounts, fully or partially, in case of breach of these Terms or the law, risk to other Users or the Service, fraud, an authority order or prolonged inactivity. Whenever possible and safe, we will notify you first and allow you to explain. Suspension for breach does not entitle a refund of periods already paid, unless required by law.
- Effects: the license ends; data is handled per the Privacy Policy. Sections 7.1, 11, 13, 16, 17, 22 and any others that by their nature should survive remain in force.
- We may discontinue the Service as a whole with at least 30 days' notice, providing a way to export data and refunding pro rata amounts paid for unused periods.
19. Consumer rights
If you are a consumer, nothing in these Terms excludes or limits rights granted by the Brazilian Consumer Protection Code (Law 8,078/1990) and other mandatory rules. If any clause is incompatible with those rights, it ceases to apply only to that extent, and the rest remains in force. Complaints can be sent to our contact, and we respond within a reasonable time.
20. Apple & Google store terms
If you downloaded the app from the Apple App Store or Google Play:
- these Terms are between you and KAMPLISH, not Apple or Google, which are not responsible for the app or its content;
- KAMPLISH is solely responsible for maintenance, support, app warranties and claims related to the app, including intellectual property and legal compliance claims;
- if the app fails to conform to an applicable warranty, you may notify Apple, which may refund the app's purchase price (if any); to the extent permitted by law, Apple has no other warranty obligation;
- you represent you are not located in a country subject to a US embargo nor on any restricted-party list;
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you;
- you must also comply with the store's usage rules.
21. Changes to these Terms
We may update these Terms to reflect changes in the Service, the law or our business model. Material changes will be announced in the app or by email at least 15 days in advance (30 days for prices), unless required by law or for security, in which case they may apply immediately. If you disagree, you may cancel and delete your account before the effective date; continuing to use the Service afterwards means you agree. The version and effective date are at the top of this page; previous versions are available on request.
22. Governing law & venue
These Terms are governed by the laws of Brazil. If you are a consumer, you may sue in the courts of your domicile. For all other relationships, including with Businesses, the courts of the City of São Paulo – SP are chosen, waiving any other. Before going to court, please contact us to try to resolve the matter; you may also use the consumidor.gov.br platform.
23. General provisions
- Documents: these Terms, the Privacy Policy and the conditions shown when purchasing a Plan form the entire agreement on the Service. In case of conflict, the specific condition shown at purchase prevails.
- Language: the Portuguese version prevails over translations.
- Notices may be sent through the app, push notification or registered email and are effective when sent. Keep your email up to date.
- Severability: if any clause is held invalid, the others remain valid.
- No waiver: not enforcing a right does not waive it.
- Assignment: you may not transfer your account or these Terms without our authorization. We may assign them in a corporate reorganization, merger, acquisition or asset sale, preserving Users' protections.
- Independent parties: nothing in these Terms creates a partnership, employment, agency, franchise or representation between Cutspot and Users or Businesses.
- Force majeure excuses the affected obligations while it lasts.
24. Contact
KAMPLISH – Desenvolvimento de Sistemas LTDA · CNPJ 35.977.805/0001-74
Av. Marquês de São Vicente, 1619, Edif. LED Barra Funda, Conj. 1510, Várzea da Barra Funda, São Paulo – SP, 01.139-003, Brazil
Email: contato@cutspot.app