Terms of Service

Effective Date: 18-Oct-2024

The Services (as defined herein) and Terms of Use are provided by Walkns. 

ANY USERS WHO DO NOT AGREE WITH THESE TERMS OF USE SHOULD NOT USE THE SERVICES! THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. 

Part I – Definitions, Agreement to be Bound. 

Contact 

1.1 Definitions. 

References to the “Booking Services” mean those appointment-scheduling services made available by us through the Walkns Application. 

References to the “Walkns Applications” and “Walkns Widgets” mean any mobile, web, or browser software application related to the Walkns Services designed, developed, and/or made available by Walkns through the Internet. 

References to the “Walkns Site” mean the Web site bearing the URL https://www.walkns.com/ and all affiliated websites owned and operated by Walkns, our subsidiaries, and related companies. 

References to the “Commercial Content” mean content which advertises or promotes a commercial product or service. 

References to a “Customer” mean any person or entity who uses the Walkns Applications, Walkns Scheduling Widgets, Walkns Site, Walkns QR Codes, or a Third-Party Platform as defined in Section 3.8 to schedule an appointment, manage appointments, browse health-, beauty- and wellness-related content and services, and/or pay for services rendered, whether said individual registers directly for the use of the Walkns Application or is added by a Provider through whom Customer obtains services. 

References to “Dispute” mean any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms contemplated by the Terms. 

References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach. 

References to the “Walkns Services” mean, collectively, any and all services offered by us, including but not limited to (1) the Walkns Site, (2) the Walkns Applications, (3) the Walkns Scheduling Widgets, (4) the Walkns QR Codes; and (6) any other services or features made available by Walkns through the Walkns Site, Walkins Scheduling Widgets, Walkins QR Codes, or Walkns Applications. 

References to a “Provider” mean a person and/or a business seller of goods, services, or products who use the Walkns Services to allow Customers to book, manage, view, reschedule, cancel and pay for Provider appointments. 

References to the “Terms”, “Terms of Use” and/or “Agreement,” mean these terms as set forth herein. 

References to “us,” “we,” “our,” and/or “Walkns,” refer to Walkns LLC, 539 W Commerce St Suite 7125, Dallas, Texas, 75208-1953, and all its designated agents, employees, and subsidiaries within the United States of America. 

References to “you,” and/or “User” mean the User of the Services, whether as a Provider or Customer. 

1.2. Agreement to be Bound. 

The following Terms of Use, together with the relevant information set out on the Services, including any features and services available, are subject to the Terms of Use set forth below. Please read them carefully as any use of the Services, whether directly through us or via a Third-Party Platform, constitutes an agreement, without acceptance, to be bound thereby by the User. By accessing or using the Services or clicking “accept” or “agree” to this Agreement, you represent (1) that you are at least eighteen (18) years old (and in some jurisdictions twenty-one (21) years old), (2) are not prohibited by law from accessing or using the Services, (3) you have read, understand, and agree to be bound by this Agreement, and (4) you have authority to register a Provider and act on its behalf. 

These Walkns Terms of Use are subject to the Walkns Privacy Policy, which also governs your use of the Services. Our Privacy Policy is available here: https://www.walkns.com/privacy-policy . In addition, each Provider and Third-Party Platform shall have his, her, or its own Terms of Use, which bind all Customer/Provider transactions.

The Parties acknowledge and agree that each Provider, Customer, Third-Party Platform, subsidiary, parent, and affiliate of us shall be a third-party beneficiary to the Terms of Use and that such other persons and/or companies shall be entitled to directly enforce and rely upon any provision of these Terms of Use which confers a benefit upon them. No other parties shall be third party beneficiaries to these Terms of Use. 

Part II – General Provisions. 

2.1. About Us; Walkns not Vendor; No Endorsement. 

At its core, Walkns acts as a software as a service to allow its Users to book, manage, view, and cancel appointments. In addition, the Walkns platform and all related Walkns applications, widgets, QR Codes, etc. allow Users to browse, view, and review content and potential service providers for health, wellness and beauty related services. Walkns does NOT have control over (1) the quality, safety, morality or legality of any aspect of any Services offered by Providers using our Services, (2) the truth or accuracy of the listings or directory information provided to us by Providers, (3) the timeliness or accuracy of any Provider appointment calendar, (4) the ability of Providers to provide Services booked, (5) the identity of any Provider or Customer, or (6) the ability of Customers to pay for Services. We do not and cannot ensure that a Provider or Customer will actually complete a transaction. If you rely on any of the information provided by or on the Services, you do so solely at your own risk. 

You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers. IN ALL INSTANCES EXCEPT WHERE NOTED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY ProviderS WITH WHOM A CUSTOMER DIRECTLY CONTRACTS. AT NO TIME WILL A CUSTOMER/MERCHANT RELATIONSHIP EXIST BETWEEN US EXCEPT AS EXPLICITLY NOTED. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. 

2.2. Accuracy, Completeness, and Timeliness of Information. 

We are not responsible if information made available on the Provider Services is not accurate, complete, or current, including but not limited to the information of a Provider, calendar availability, and bookings made. 

2.3. Errors in the Services. 

If you encounter any error in the Walkns Services, let us know at inquiries@walkns.com (if you are Provider) or customer.success@walkns.com (if you are a Customer). We do not warrant that any errors in the Walkns Services will be corrected. 

2.4. Modifications and Changes to Terms of Use. 

Walkns may update or revise this Agreement (including any Walkns Policies) from time to time at its sole discretion and without limitation upon notice of the same via posting to the Services and/or the emailing of a notice to our registered Users. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or Provider Account (as defined below). Except as otherwise expressly stated by Walkns, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use. 

2.5. Modifications and Changes to the Services. 

We may modify, add to, suspend, or delete any aspect of the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. If you do not agree to such modifications to the Services, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or Provider Account (as defined below). Except as otherwise expressly stated by Walkns, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use. 

2.6. Access to Walkns Website, Widgets or the Services. 

Though we try to make the Walkns Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Services will be at all times available. 

Use of the Services requires Internet access through your computer, mobile device, tablet or other internet-accessible device as allowed by Walkns. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Walkns does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Walkns Site, and some features and portions of the Services (including, but not limited to, making, modifying, or canceling appointments) may not be accessible with JavaScript disabled. 

2.7. Right of Refusal, Limitation, Discontinuation, and Termination. 

We reserve the right to refuse to provide access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Customer Account or a Provider Account (as defined below) for any reason whatsoever. In the event that we make a change to or cancel a Customer Account or a Provider Account (as defined below,) we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Customer Account or Provider Account (as defined below) was created; however, the failure to do so shall not result in any Walkns liability, including liability for lost data deleted as a result of the Customer Account or Provider Account (as defined below) termination. 

2.8. Prohibited Uses of the Services. 

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services; (l) take any action that imposes or may impose (in Walkns’s sole determination) an unreasonable or disproportionately large load on the Services or Walkns’s infrastructure; (m) rent, lease, copy, provide access to or sublicense any portion of the Services or Walkns Materials (as defined below) to a third party; (n) use any portion of the Services or Walkns Materials (as defined below) to provide, or incorporate any portion of the Services or Walkns Materials (as defined below) into, any product or service provided to a third party; (o) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Walkns); (p) modify any Services or Walkns Materials (as defined below) or create any derivative product from any of the foregoing; (q) remove or obscure any proprietary or other notices contained in the Services or Walkns Materials (as defined below); or (r) publicly disseminate information regarding the performance of the Services or Walkns Materials (as defined below) or access or use the Services or Walkns Materials (as defined below) for competitive analysis or benchmarking purposes. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision. 

2.9. Communications Systems and Authorization to Contact You; Pop out Information; Recording Calls; Analyzing Your Messages and other Content. 

The Walkns Application may use GPS locator capabilities to identify your current location. If you decide to provide a mobile phone number and you check the relevant consent box when logged in to your Customer account, you hereby represent that you are aware that you will receive and you expressly consent to receive SMS text messages, phone calls, emails, push notifications, in-app communications, and Web-based browser technology containing Commercial Content, such as Web beacons and or other chatbot applications from Walkns regarding the Services and as otherwise described in our Privacy Policy. You may be charged for such communications pursuant to your carrier contract. Additionally, by providing your contact information and/or connecting related accounts, you provide access and consent for Walkns to communicate with you via voice assistants, such as Siri, Alexa, and Google home or any other similar voice services.  

Walkns may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) infrequently poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Walkns may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), to which you agree by providing your mobile phone number (as specified above). Walkns may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. 

Should you have any questions about your text plan or data plan, please contact your wireless provider. 

If you do not wish to receive communications as specified above, you may change your communications preference (including withdrawal of your consent to obtain said communications) at any time, including through the communications preferences section of your account. You may refrain from receiving said communications via SMS also by sending the word STOP to a message you received. Please note that message and data rates may apply. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. 

If you are experiencing issues with the messaging program you can get help directly at customer.success@walkns.com. 

Walkns may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Walkns, to carry out the purposes identified above. 

Walkns may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Walkns or its agents for quality control and training purposes, or for its own protection. 

Walkns automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Walkns’ User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Walkns may store message contents, including to conduct this scanning and analysis. 

Any personal information provided by you to Walkns or collected by Walkns and referred to above will be stored and processed by Walkns in accordance with our Privacy Policy. 

2.10. Privacy of Others; Marketing. 

If Walkns provides you with information about another User, you agree that you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services. Additionally, you may not use User information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so. 

2.11. Export Control. 

You may not use, export, or re-export any Walkns Applications, Walkns Scheduling Widgets,  or other aspects of the Walkns Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties. 

2.12. Fraudulent Actions of Users. 

Walkns is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Walkns from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. Walkns reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions. 

Part III – Customer Accounts. 

3.1 Online Accounts. 

Customers shall be given the opportunity to register via an online, mobile, voice activated or offline registration form to create a Customer account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Services. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. Accounts may be canceled via contact with customer.success@walkns.com.  

3.2. Transfer Prohibited. 

You agree that you shall not sell, trade, or transfer your Account to any other person or entity. 

3.3. Account Guidelines. 

The Services may contain the ability to communicate with other Users on one or more profiles, booking forms, platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and third parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you: 

1. Shall not upload, distribute, or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and 

2. Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and 

3. Shall not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of use of the Services; and

4. Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of use of the Services; and 

5. Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods or services in the scope envisioned by the express purpose of the Services; and 

6. Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability; and 

7. Shall not post unauthorized commercial communications (such as spam); and 

8. Shall not upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and 

9. Shall not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and 

10. Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and 

11. Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a third party; and 

12. Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and 

13. Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and 

14. Shall not interfere with or disrupt the Services or the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or the Interactive Areas; and 

15. Shall not facilitate or encourage any violations of these Terms of Use or any other Walkns policies; and 

16. Shall not upload, post or otherwise publish any information (in a form of link or otherwise) on entities providing competitive services to Walkns. 

Users agree and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them. 

3.4. Rights in Submissions. 

Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party. 

You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. 

3.5. Right to Monitor. 

We shall have the right to monitor your Account in our sole and exclusive discretion. 

3.6. Verification of Users. 

Users wishing to participate in the Services may be asked to provide a valid mobile phone number through the Walkns Application and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the Walkns Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages at that number. Users wishing to participate in the Services may also be required to verify their identities, especially in the case of Payment Services. This may include but is not limited to providing proof of identity (such as via a passport or other photo-bearing piece of identification) and residence (such as via a current utility bill.) Walkns does not bear any responsibility and cannot be held liable for the verification or non-verification of a User’s identity. 

Any personal information provided by you to Walkns and referred to above will be stored and processed by Walkns in accordance with our Privacy Policy. 

3.7. Account Settings. 

You may establish certain default settings for your use of the Walkns Services through the Walkns Application, such as your preferred payment card account. You may change these settings through the Walkns Application. 

3.8. Use of the Booking Services via Third-Party Platforms. 

Walkns works with third-party websites, applications, and services (each a “Third-Party Platform,”) through whom our Booking Services and Payment Services may be facilitated. In accordance with our Privacy Policy, unless a Customer opt-outs by contacting us at customer.success@walkns.com, we may contact such Customers who access or otherwise use our Booking Services and/or Payment Services via such Third-Party Platforms at the email address or phone number provided to such Third-Party Platform by Customer. 

3.9 Customer Reviews of Providers. 

Customers who book services with a Provider through Walkns may have the opportunity to leave a review (“Review”) for the Provider. In addition to complying with all requirements for reviews as may be set forth by the Federal Trade Commission (“FTC”) the rules for publishing and removing Reviews are as follows: 

1. Walkns is not responsible for the content of any Review published by a Customer; 

2. the Customer is allowed to provide a Review only in relation to the appointment that took place. Provider may request to remove the Review only if the Provider marks the appointment as a no-show within 24 hours from the scheduled appointment; 

3. the Review shall relate only to the professional activities provided by Provider and be based solely on the personal experience of the Customer; 

4. the Customer shall not publish Reviews that: (i) are false or intentionally misleading, (ii) contain harmful, defamatory or unethical content or violate the law, personal rights, in particular, they shall not contain vulgar or offensive expressions, refer to private and family life or call for violence or hatred, including racial, religious or ethnic hatred or against sexual minorities; 

5. Walkns may refuse to publish a Review or to remove an already published Review if, in Walkns's sole and exclusive opinion, it violates the Terms of Use or the provisions of law. However, Walkns does not settle disputes between Provider and the Customer and does not verify the veracity of Reviews; 

6. removal of the Review is irreversible; 

7. Customers shall be given the opportunity to provide their opinions about performed services of Providers; therefore, requests for blocking the possibility of providing Reviews or deletion Reviews posted by Customers will not be considered unless the Review otherwise violates these Terms. 

Reviews submitted by Customers who have used the services of a given Provider via a booking made in the Walkns Application are marked with the tag 'Verified User by Walkns.' Regarding these reviews, Walkns ensures that they originate solely from Customer accounts who have utilized the services of the specific Provider. Only after the Provider's Service has been fulfilled do Customers gain the ability to publish reviews. As for reviews that do not possess the 'Verified User by Walkns' tag, Walkns does not guarantee that such opinions come from Customers who have used the services of the specific Provider. 

Part IV – Terms of Sale for Booking Services, and Provider Rankings in Search Results. 

4.1. Appointment Booking. 

Walkns provides the Booking Services to Users for the purpose of assisting Customers in discovering and booking appointments with a variety of participating Providers and of assisting Providers in more efficiently managing their calendars and increasing their customer base. In response to a Customer’s online request for a Provider appointment through the Walkns Site or Walkns Application, Walkns directly contacts the Provider’s computerized database of appointments, and/or the calendar system designated by the Provider for synchronization with the Walkns Services. The availability of appointments is determined at the time of User’s query and is provided by the Provider. Users understand and agree that Walkns does not independently verify the availability of any Provider and cannot be held liable for errors in a Provider’s calendar, such as double-booking or bookings that are not honored by the Provider. Once an appointment is made by a Customer through the Walkns Site or Walkns Application, Walkns will provide confirmation of the appointment to both the Customer and Provider by SMS and/or email to the email address provided by said User upon registration. By using the Walkns Services, Users agree to receive appointment confirmations and reminders by email, SMS, push notifications, and/or any chatbot-related or voice-assisted technology with which Walkns may engage. Walkns shall not be held liable in the event an appointment confirmation or reminder is not sent to or received by a User. 

4.2. Appointment No-Show & Cancellation Policy. 

Walkns is committed to providing quality services to Customers and Providers. To assist us in maintaining a consistently high level of service for Providers and their patrons, Customers must make every reasonable effort to cancel any appointments that they will be unable to honor as soon in advance of the appointment as possible. You may cancel your appointment via the Walkns Site or Walkns Applications. Appointments should not be canceled by calling the Provider directly. Some Providers may require a debit or credit card number to finalize your appointment booking and place a hold on the Provider’s calendar. In order to use the Walkns Services for these Providers, you must provide valid debit or credit card information and a specific amount could be blocked or prepaid, and you may be required to cancel your appointment in accordance with the Provider’s stated cancellation policy, which will be disclosed at the time the appointment is made. Walkns uses this debit or credit card information as described in our Privacy Policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your appointment in accordance with a Provider's cancellation policy. Please note that a cancellation fee may be charged only if the Customer has self-canceled the appointment through the processes described above or the Provider has recorded a no-show. 

Be advised: you may be charged a cancellation fee indicated during the booking process or lose the amount blocked or paid (including but not limited to any non-refundable deposits on Provider Servers), if you arrange a Booking Service, but cancel late or no-show, thus committing a breach of a stated cancellation policy of the Provider. In case it is not otherwise specified, the refund of any amount blocked or pre-paid rests solely with the Provider. Walkns shall have no liability for refunding such amounts to the Customers, nor is Walkns responsible for verifying whether the Customer has provided valid debit or credit card information or has sufficient funds in Customer’s bank account to complete a transaction. 

Customers who cancel or fail to show up for multiple bookings may have their Accounts terminated, at the sole discretion of Walkns, in the event that such account activity is detrimental to orderly Booking Services with Providers and members of the Walkns community. 

4.3. Usage Guidelines. 

User agrees to use the Booking Services only to book appointments at Providers and then honor those appointments by arriving at Providers on time and paying for the services booked and provided. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination of your access to the Services. 

4.4. Payment for Services through Walkns, Generally. 

Walkns offers third-party payment services through which to allow Customers to pay bills at participating Providers through the Walkns Applications. Specifically, Walkns collects and processes payments on behalf of Providers through Stripe, Inc., a recognized professional payments processor. In order to use these Payment Services at a participating Provider, Customers must: (1) utilize a Walkns Scheduling Widget online via a compatible device; (2) make a reservation for the Provider through the Booking Services; (3) provide valid payment information through the Walkns Application as further described below; and (4) have an Account in good standing. There is a $1.98 per Booking ‘Convenience Fee’ charged by Walkns to the Customer to manage the Payment Services; in addition, Customer’s mobile carrier’s standard text message and data charges may also apply; you the Customer are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and Walkns Applications. 

4.5. Sale Prices. 

The prices and the terms of payment for Provider services are displayed at the time of booking via the Walkns Application; however, Providers may modify or change these fees at any time, in their sole discretion. The Walkns Site and Walkns Application supports an excluded tax system, wherein, any applicable taxes (e.g. any merchandise sales tax due) will be added to the final price after the service is rendered. 

4.6. Payment Card Information. 

In order to use the Payment Services, Customers must provide account information for a valid debit or credit card through the Walkns Application in order to complete your requested booking. Walkns uses this account information as described in our Privacy Policy. Walkns does not maintain your Card Information on any of its systems. Walkns uses Stripe-Connect for all Payment card related information processing. 

To confirm that the payment card information you have provided is accurate, we may place a temporary $1.00 authorization hold on your debit or credit card at the time you provide your payment card information through the Walkns Application. After we verify that your payment card information is accurate, usually within a few days, the $1.00 hold will be removed. In no event will your payment card actually be charged for this $1.00 authorization. 

To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers (such as payment processors providers, including but not limited to Stripe, Inc.) to process payments and manage debit and credit card information. 

By providing debit or credit card account information through the Walkns Application, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the Walkns Applications, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account. By using Walkns Services, you acknowledge and accept the binding agreement to bear full financial responsibility for all Provider Services that you schedule using Walkns or information contained on Walkns. 

4.7. Payment Authorization and Settlement. 

When you indicate through the Walkns Application that you intend to pay your bill using the Payment Services, you authorize Walkns and its payment service provider(s) to charge your debit or credit card for the full amount of the services to be rendered and any Cancellation Fees, No-Show Fees, and/or Walkns Convenience Fees that you may incur at any time prior to or after the appointment time and date. You are responsible for timely payment of all amounts owed by you to Walkns and Providers. 

4.8. Receipts and Transaction History. 

All the receipts for the transactions connected with the Payment Services are visible in your Account in the Walkns Application and/or Walkns Site. If you would like an emailed version or a paper receipt, you must request one from the Provider at the time of the transaction or service. 

4.9. Incomplete Payments. 

Walkns is not liable for any payments that the Payment Services do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit, or credit card account through the Payment Services, you are solely responsible for paying the applicable Provider(s) by other means, such as cash, as required for the full value of the services scheduled and/or delivered. 

4.10. Relationship with Stripe, Inc., Data Privacy. 

Providers that use the Walkns Applications and/or Walks Scheduling Widgets, must also enter into a relationship with Stripe, Inc., which acts as a provider of payment processing services. The terms and conditions applicable to this relationship and accepted by the Provider during the (1) Walkns Provider Onboarding process include the following, and are available at: https://stripe.com/legal (Stripe Service Agreement (US)); https://stripe.com/connect-account/legal (Stripe Connected Account Agreement (US)). Walkns does not enter into any legally binding obligation on behalf of Stripe, Inc. with respect to the Walkns Services provided to Providers.. 

As a Provider, You acknowledge and agree that your relationship with Stripe, Inc. is governed by the Stripe Agreements, and not by these Walkns Provider Terms of Use. You are responsible for reviewing, understanding and accepting any terms and conditions provided for in the Stripe Agreements.

All data required for completing the verification procedure via the Stripe, Inc. website and processing payments via the Walkns Appointment Scheduling Services is exchanged directly between the Provider and Stripe, Inc. and our Privacy Policy is not applicable in this respect. The data exchanged between the Provider and Stripe, Inc. might be subject to Stripe, Inc.’s own privacy policies. You are responsible for reviewing, understanding and accepting any terms and conditions of such privacy policies, if any. 

Any Provider’s data collected or processed by Walkns during the Walkns Appointment Scheduling processes will be treated in accordance with our Privacy Policy. 

4.11. Complaints. 

Any complaints regarding the utilization of any of Walkns Applications are handled by Walkns and should be addressed to customer.success@walkns.com. 

4.20. Provider Rankings in Search Results. 

In the case of a Customer searching for services or Provider(s), the Customer is presented with Provider Profiles that match all the search criteria specified by the Customer. The Customer can use filters (Multi-layered Services Categories, Calendar Dates or date ranges of interest for services, etc) to refine the search results returned by the Walkns Scheduling Widgets. The Customer may also be able to sort from the Available Provider Profiles based on the following criteria: “Relevance”, "Sponsored first",  "Reviews" (top-rated first), “Price Order”, or other criteria which Walkns may, at its sole discretion, choose to make available from time to time.. 

The main parameters determining the positioning of Provider Profiles in the Customer's search results are as follows: 

1. availability - the Customer is presented with Provider Profiles that have an available time slot for the service of interest to the Customer; 

2. business category - a Provider can specify whether a particular service belongs to their primary or additional business category. If the Customer searches for a specific service, the Provider Profiles that have defined the searched service as their primary business category are presented to the customer first; 

3. service type - a Provider can specify the type of a particular service. If the Customer searches for a specific service by selecting its type, the Provider Profiles that have designated the same service type are presented to the Customer first; 

4. ratings - the Customer is presented with Provider Profiles that have the highest ratings based on reviews from other Customers; 

5. profile views to completed visits ratio - Walkns analyzes the proportion of the number of profile views to the number of completed visits to a particular Provider. The Customer is presented with Provider Profiles that have the highest value in this aspect; 

6. completed visits booked by the Customer - the Customer is presented with Provider Profiles that have the highest number of completed visits that were self-booked by the Customer through the Application; 

7. repeat visits - the Customer is presented with Provider Profiles that have the highest number of repeat visits booked by various customers. 

The purchase by a Provider of an optional, additional service from Walkns aimed at supporting the Provider in acquiring new Customers may also impact the search results displayed to the Customer. Provider Profiles that have availed of this additional service will be displayed higher in the Customer's search results. 

Part VI – Provider Terms of Use. 

In addition to the other terms contained in these Terms of Use, the following Provider Terms of Use shall be applicable to all Providers. 

6.1. Unauthorized Business & Content. 

In addition to the forgoing prohibited uses, our Walkns Application and the Walkns Site may not be used by a Provider to: 

publish, distribute, offer, sell or cause us to do so on his, her or its behalf, any of the content, products or services, being or related directly or indirectly to: (hereinafter “Unauthorized Business” and “Unauthorized Content”): 

(1) illegal or contrary to good morals or principles of social intercourse; 

(2) drugs, tobacco, alcohol, other stimulants and tools intended for the production of the foregoing; 

(3) pornographic, sexual (including escort or tantra), sexually suggestive, aiming to promote a particular service or product through a content of a sexual, ambiguous or unethical nature; 

(4) adult entertainment oriented; and internet/mail order/telephone order of age-restricted products (5) sales of firearms, ammunition, or weapons and other devices designed to cause physical injury; (6) betting, including lottery tickets, sports related gambling, casinos; 

(7) insurance or other financial merchandise; money transfers; independent financial adviser services or securities; pyramid selling or multi-level marketing; 

(8) counterfeit or infringing on third party intellectual property rights (illegal software or downloads included); 

(9) pharmacies or pharmacy referral services any other sales of products or services in highly regulated industries; 

(10) hate or harmful, invoking or supporting discrimination, violence or terrorism. 

Violations of this requirement may result in (at the sole discretion of Walkns and without the need for any further notice) (“Corrective Actions”): (i) block or deletion of any of the Unwanted Content, (ii) temporary or permanent block of a given features or Services used by you, (iii) temporary or permanent block of your Provider Account, (iv) Provider Account termination. The commencement of any Corrective Action by Walkns, including Account termination, shall not relieve you from the obligation to pay the charges accrued for Walkns Services prior to a given Corrective Action. 

6.2. Provider Accounts, Generally. 

In order to use and benefit from our Services as a Provider you must create an account through the Walkns Site or Walkns Application (“Provider Account”). By opening your Provider Account, you agree to comply with the Terms of Use, Privacy Policy and agree to provide Users with the services they booked with you in accordance with the Terms of Use. In addition, those terms and restrictions set forth in Sections 3.2 through 3.6 of these Terms for Customer Accounts shall apply equally to Provider Accounts. 

When registering a Provider Account, you represent that you are authorized to act on behalf of the Provider and must provide true, accurate, current, and complete data about the Provider being registered. Such data may include KYC (i.e. Know Your Client) data, as requested by our payment processor. Be advised that our payment processor may reject any Provider if it fails the provider’s internal due diligence procedures. For more information, see the terms and conditions of our processor, Stripe, Inc. available at https://www.stripe.com.  

You also agree to promptly update your Provider account to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Provider Account and the information in your Provider Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Provider Account, whether or not authorized by you. You agree to immediately notify Walkns of any unauthorized use of your Provider Account or any other breach of security related to your use of the Services.

6.3. Registration Fees, Opportunity Fees, No-Show and Cancellation Fees. 

1. Registration of a Provider Account may or may not be free of charge, depending on the location of the Provider’s business activity or type of services provided, thus, you may have to pay a fee to register your Provider Account (“Registration Fee”). The exact amount of the Registration Fee will depend on the type and location of your Provider. Walkns reserves the right to change, from time to time and in its full discretion, the locations or types of Providers which benefit from the reduced or waived Registration Fee.
   
   

(a) Any applicable Registration Fees shall be transferred from you, the Provider to Walkns via acceptable payment methods as set forth by us at the time of registration or as otherwise communicated to you, the Provider.

2. The key business benefit to you as a Provider in utilizing the Walkns Services is delivered to you whenever Walkns (via its Scheduling Widgets, QR Codes and Applications) presents you with a new Opportunity, in the form of a Booking Request from a Customer. In recognition of this business value brought to you by Walkns, you agree to pay  specified Walkns “Opportunity Fees” to Walkns, to compensate Walkns for providing each Appointment Booking Opportunity to you.

(a) The Opportunity Fee parameters will be finalized as a part of your documented arrangement with Walkns. In general, the Walkns Opportunity Fee will consist of a Fixed % of the Customer Price for the Service being booked (typically within the range of 15-30% of your Published Service Price, and excluding any other fees, promotions or other pricing variables at any given time, which factors shall not reduce the amount of the Opportunity Fee due to Walkns).

(b) Walkns will automatically retain the full Opportunity Fee from the funds gathered from the Customer’s corresponding payment card transactions via the Walkns Platform (and processed through our Secure Payment Partner, Strie, Inc.). These funds will generally be collected by Walkns as described below.

(i) CASE 1: Providers Services are Booked without requiring a Deposit to secure the Appointment:

1. Payment Card Validation: Walkns (using Stripe-Connect. CC processing) will run a $1 Customer Card validity check on the payment card details entered by the Customer and then reverse the charge (so Customer pays nothing up front).
   

a) If the card is invalid, the Customer is prompted to supply a different card. Appointments will not be Requested or Booked without a valid Customer Payment Card verification through Stripe-Connect.

b) If the card is valid, the Appointment Request will be forwarded to the Provider and once committed by the Provider, it will be Booked.

2. Confirmation of Delivery of Service: The Walkns Applications will prompt the Provider for a positive confirmation that the Customer attended the Appointment and the Providers Services were provided. The Provider agrees to respond to this Walkns action within the time specified by Walkns and to truthfully indicate to the Walkns Applications which one of the following possible conditions exists:

a) Successful Service Delivery: The Customer has attended the appointment as booked and the Provider has delivered (or is in the act of delivering) the Services requested.

i) The Service is Billable, and the Walkns Application will process the following Payment Card Funded Transactions:

1. The Customer’s Payment Card will be charged for the Full Service Price agreed at Booking Confirmation plus the Walkns Convenience Fee (also presented to Cust\omer and agreed at Booking. Currently $1.98 per Appointment and subject to change at Walkns sole discretion).
   
   

2. From the proceeds of the above transaction, Walkns will automatically retain BOTH said Walkns Convenience fee AND the negotiated Walkns Opportunity Fee applicable for the Service.
   
   

3. The remaining balance of funds collected from the Customer’s Payment Card, minus the Stripe-Connect Processing Fee, which is always paid by the Provider, will be Deposited into the Providers Stripe-Connect account.
   
   

4. Note: Provisions for additional Customer Transaction Activities may also include Walkns Application Support for:
   
   

a) Customer Discretionary Tipping

b) Customer Discretionary Purchase of additional Services on the same Provider Bill.

c) Customer electronic signature collection at Check-Out.

d) Other Promotional or Marketing interactions of benefit to Customers and Providers which Walkns may offer from time to time.

b) Customer Late Cancellation or No-Show: The Customer has either failed to appear for the booked Appointment, OR, Customer has Canceled the Appointment booking inside the Providers stated Cancellation Policy for the Service.

i) In this circumstance, Walkns will enforce the published No-Show Policy and process the following Customer Payment Card Transactions:

1. The Customer’s Payment Card will be charged for the Full No-Show Penalty amount  agreed at Booking plus the Walkns Convenience Fee (also presented to Cust\omer and agreed at Booking. Currently $1.98 per Appointment and subject to change at Walkns sole discretion).
   
   

2. From the proceeds of the above transaction, Walkns will automatically retain BOTH said Convenience fee AND the negotiated Walkns Opportunity Fee applicable for the Service.
   
   

3. The remaining balance of funds collected from the Customer’s Payment Card minus the Stripe-Connect Processing Fee, which is always paid by the Provider, will be Deposited into the Providers Stripe-Connect account.
   
   

c) Customer Cancellation of Appointment within Valid Time Frame: The Customer has chosen to Cancel the requested Service Appointment within the allowed time limit for the Providers Service.

i) No penalties will be assessed to the Customer.

ii) The Walkns Applications will notify the Provider of the timely cancellation and will also present the Customer with the ability to request a Reschedule Appointment for the same Provider Services.

iii) If the Customer declines to reschedule the Appointment, Walkns will process a charge to the Customer’s Payment Card in the amount of the published and agreed Walkns Convenience Fee, as previously described. No funds will be presented to the Provider.

d) Provider Cancellation or No-Show: The Provider has either failed to appear for the booked Appointment, OR, the Provider has Canceled the Appointment booking unilaterally.

i) NOTE: The Provider understands and agrees that this case is a serious failure to deliver Customer Success on the part of the Provider, and therefore, such Provider-initiated Cancellations or No-Shows must be avoided for the sake of their own brand reputation, as well as the poor reflection on the associated Salon Suites and Walkns brands respectively, which are also harmed by such Provider conduct. Repeat cases of this type of Provider behavior constitute grounds for suspension from participation in the Walkns programs, at Walkns sole discretion.

ii) In this case, the Customer will not be charged anything.

iii) In addition, the Provider accepts and agrees to pay Walkns for:

1. The Walkns Customer Convenience Fee amount, plus,
   

2. The Full Walkns Opportunity Fee for the Service for which the Customer had successfully confirmed a Booking on the Walkns Applications, plus,
   

3. The corresponding Stripe-Connect Processing Fees, which are always paid by the Provider
   

4. The Provider agrees to maintain a ‘Card On File’ in their Walkns Account, which the Provider agrees will be used by Walkns to automatically charge the Provider for the above fees in the case of a Provider-initiated Cancellation or No-Show.
   

iv) Walkns may, at its sole discretion, choose to refund these fees on a case by case basis under circumstances clearly outside the control of the Provider: E.g. Force Majeure, Acts of God, Facilities Disruptions, etc. to be documented by the Provider in writing and submitted to Walkns for considerations at customer.success@walkns.com.

(ii) CASE 2: Providers Services are Booked with the requirement of a Non-Refundable Deposit (from Customer) to secure the Appointment.

1. Under this case, the following changes to the above stated processes will be applied, with all other actions remaining as previously stated:
   

a) Payment Card Charge for Non-Refundable Deposit: At the stage in the Appointment booking process via the Walkns Applications wherein the Customer Confirms & Commits to the specific Appointment for Services, from the specific Provider that has previously Accepted the Customer’s Appointment Request, then Walkns will run a Charge for the Provider-specified Service Deposit amount, plus the Walkns Convenience Fee amount on the Customer-supplied (and previously validated) Payment Card.

i) If the card is invalid or NSF for the charge, the Customer is prompted by the Walkns Applications to supply a different card. Appointments for Provider Services which require a Deposit will not be Confirmed and Booked  without first completing a successful Customer Payment Card transaction through Stripe-Connect.

ii) If the card charge is successful, the Confirmed and Committed Appointment Notification will be forwarded to both the Customer and the Provider.

1. Further, Walkns will retain BOTH the Walkns Convenience Fee AND the entire Walkns Opportunity Fee for the Services Confirmed. The balance of the collected Customer Deposit Funds (if any) minus the Stripe-Connect Processing Fee, which is always paid by the Provider, will be Deposited into the Providers Stripe-Connect account.
   

2. NOTE: These Walkns Fees are considered by Walkns and the Provider to be non-refundable. If, for any reason, the Provider chooses to Refund any or all of the Customer Deposit amount collected, the Provider hereby acknowledges and accepts the financial responsibility for said refund without limitations, and holds Walkns harmless and unencumbered in any such transactions.
   

b) Successful Service Delivery: The Customer has attended the appointment as booked and the Provider has delivered the Services requested.

i) The Service is now fully Billable, therefore the Walkns Application will process the following Payment Card Transactions:

1. The Customer’s Payment Card will be charged for the numerical difference between the previously paid non-Refundable Deposit Amount and the confirmed Service Full Price Amount (exclusively and without regard to or reduction by either the previously charged Walkns Convenience Fee or the Walkns Opportunity Fee portion of said previous Deposit proceeds).
   

2. The proceeds of the above transaction amount, minus the Stripe-Connect Processing Fee, which is always paid by the Provider, will be Deposited into the Providers Stripe-Connect account.
   

c) Customer Late Cancellation or No-Show: The Customer has either failed to appear for the booked Appointment, OR, Customer has Canceled the Appointment booking inside the Providers stated Cancellation Policy for the Service. In either case, the results will be the same, as described below.

i) In this circumstance, Walkns will enforce the published No-Show / Late Cancellation Policy and process the following Customer Payment Card Transactions:

1. The Customer’s Payment Card will be charged for the Full No-Show / Late cancellation Penalty amount  agreed at Booking plus the Walkns Convenience Fee (also presented to Cust\omer and agreed at Booking. Currently $1.98 per Appointment and subject to change at Walkns sole discretion).
   

2. From the proceeds of the above transaction, Walkns will automatically retain BOTH said Convenience fee AND the negotiated Walkns Opportunity Fee applicable for the Service.
   

3. Any remaining proceeds of the above transaction amount, minus the Stripe-Connect Processing Fee, which is always paid by the Provider, will be Deposited into the Providers Stripe-Connect account.
   

d) Customer Cancellation of Appointment within Valid Time Frame: The Customer has chosen to Cancel the requested Service Appointment within the allowed time limit for the Providers Service.

i) No penalties will be assessed to the Customer.

ii) The Walkns Applications will notify the Provider of the timely cancellation and will also present the Customer with the ability to request a Reschedule Appointment for the same Provider Services.

1. If the Customer declines to reschedule the Appointment, Walkns will process a charge to the Customer’s Payment Card in the amount of the published and agreed Walkns Convenience Fee, as previously described. No funds will be presented to the Provider.

e) Provider Cancellation or No-Show: The Provider has either failed to appear for the booked Appointment, OR, the Provider has Canceled the Appointment booking unilaterally.

i) NOTE: The Provider understands and agrees that this case is a serious failure to deliver Customer Success on the part of the Provider, and therefore, such Provider-initiated Cancellations or No-Shows must be avoided for the sake of their own brand reputation, as well as the poor reflection on the associated Salon Suites and Walkns brands respectively, which are also harmed by such Provider conduct. Repeat cases of this type of Provider behavior constitute grounds for suspension from participation in the Walkns programs, at Walkns sole discretion.

ii) In this case, the Provider agrees that Walkns is entitled to permanently retain BOTH the Walkns Convenience Fee AND the entire Walkns Opportunity Fee for the Services previously Confirmed, as previously deducted from the collected Customer Non-Refundable Deposit Funds, minus the Stripe-Connect Processing Fee, which is always paid by the Provider.

1. The Provider agrees to hold Walkns harmless from any attempts to collect or recover any of these amounts from Walkns at any time.
   

iii) In this case, the Provider further agrees to full responsibility for repayment directly to the Customer in an amount equal to the Sum of:

1. The previously Customer Deposit, plus,
   

2. The previously charged Walkns Convenience Fee.
   

3. This combined Sum must be paid by the Provider to the Customer directly and in a timely manner (typically within 24 working hours)  which complies with any and all applicable regulations governing such consumer transactions.
   

4. The Provider agrees to complete this Customer Refund Transaction without any involvement of the Walkns System and accepts all liabilities, whether expressed or implied, resulting from their unilateral cancellation and/or No-Show actions. The Provider agrees to hold Walkns harmless from any liabilities in the matter.
   

5. Walkns may, at its sole discretion, choose to refund these fees on a case by case basis under circumstances clearly outside the control of the Provider: E.g. Force Majeure, Acts of God, Facilities Disruptions, etc. to be documented by the Provider in writing and submitted to Walkns for considerations at customer.success@walkns.com.
   

6. Under no circumstances, including any cases under which Walkns chooses, at its own discretion, to facilitate Customer Refunds, shall Walkns accept any responsibility nor any liability associated with any Provider’s delivery of, or non-delivery of Services Booked.

6.4. Cancellation of a Provider Account. 

You can cancel your Provider Account by sending us an email to inquires@walkns.com. However, note that Walkns will not refund you for any fees, deposits or penalties already paid for, or outstanding, even if you have ceased using your Provider Account, or you’ve received no recent bookings, or your offer was not listed in the Services made available via the Walkns Widgets, QR Codes or Applications (for any reason). In case of a Provider or Salon Suite Owner Account cancellation, we reserve the right to suspend and/or delete your Provider Account from our Walkns Services at our sole discretion, and in accordance with our Privacy Policy. 

6.5. Compliance with all Terms of Sale. 

All sales and accepted bookings shall be binding. Provider agrees and acknowledges that he, she, they or it, and not us, shall be solely responsible for delivery of any and all purchased services to Customers and that a contract for sale arises at the point where a Customer utilizes the Booking Services to book a service. Every sale shall be subject to the laws applicable, but there shall not be implied any right that is not a legal right and that is not set down in these Terms. 

6.7. Provider Warranties; Restrictions. 

In addition to the Unauthorized Business and prohibited use of the Services set forth in these Terms, Provider warrants that any and all services (a) are not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party; (b) have not been identified by the U.S. Consumer Products Safety Commission and any other regulations set forth by the countries of Provider and Customer as hazardous to consumers and, therefore, are not services subject to a recall; (c) are not counterfeit; (d) do not offend against the law of any country whose citizens might purchase or receive the services; and (e) do not violate the rules and regulations promulgated by the U.S. Food and Drug Administration (“FDA”). Provider warrants further that he, she, or it owns all copyrights, trademarks and other intellectual property related to any Provider Account information provided to us or that Provider has the permission of the intellectual property rights holder (a) to place the Product(s) into the stream of commerce; (b) to receive the net proceeds of such sales as arise; and (c) to defend the intellectual property in the Product(s). Finally, Provider warrants and represents that he, she, or it has all licenses and authorizations required for performance of these Terms. Upon our request, Provider shall provide us with sufficient documentary evidence of such authorization or waiver. We are not obliged to require such documentary evidence, and the fact that we have not requested such documentary evidence shall not be deemed in any way as a statement as to whether or not such authorization or waiver is required. 

Furthermore, it is illegal to use drug paraphernalia slang when referring to Products available for sale via the Walkns Applications, Scheduling Widgets, QR Codes, etc. 

6.8. Listing Description. 

By listing services available for booking via the Walkns Services, Provider must accurately describe the services it provides and all terms of sale. Provider’s listings may only include text descriptions, and other content relevant to the sale of that service and must be listed in an appropriate category. In the Walkns Provider Applications. 

6.9. Maintenance of Provider Calendar. 

The Provider is solely responsible for the accurate maintenance and updating of its calendar to show current, correct availability for the Walkns Services. In no event shall Walkns be held liable for double bookings or other schedule-related errors. 

6.10. Ethical Selling Tactics Required; Communication with Customers. 

Providers shall utilize ethical selling tactics when promoting any and all services including refraining from the making of false and/or misleading statements regarding the services and/or Provider. Providers expressly agree to conduct themselves at all times in an ethical, moral, and lawful manner. In order to assist with the same, Walkns may from time to time in its sole and exclusive discretion place limits on the types of communications that Providers may send to Customers, including but not limited to mass targeted marketing campaigns via SMS text, email, or push notifications facilitated by the Walkns Applications, Scheduling Widgets or QR Codes, etc. 

In addition to the forgoing, Providers shall not abuse any communication system made available via the Walkns Applications, Scheduling Widgets or QR Codes or the Walkns Site, including the use of auto-responders. Providers understand that such auto-responders may or may not be activated automatically upon registration of a Provider Account, depending on jurisdiction, and can be modified by Provider via its account settings. 

6.11. Compliance with Law. 

In addition to the other requirements to comply with laws, regulations, and terms set forth herein, Providers agree to obey any and all local, state, and federal regulations and laws regarding solicitation and sales. 

6.12. Freedom of Promotional Methods. 

Notwithstanding the foregoing, Providers shall be free to choose on which social media platforms and through such other mediums and sales channels they promote their services and use of the Services, including the ability to choose his, her, or its own operation means, methods, locations, and hours. 

6.13. Right of Refusal. 

A Provider may refuse to accept a booking made via the Walkns Services for any or no reason whatsoever so long as such a refusal does not violate federal, state, or local laws, or any other rule or regulation. Providers accept any liability for such actions and agree to hold Walkns harmless therefrom.

6.14. Policies, Terms of Sale Required. 

Providers must have in place via their service listing the following policies before they shall be permitted to conduct any transaction via the Services: prepayment policies, cancellation policies, return policies, and payment policies in addition to such other policies as a Provider wishes to set forth. Providers must create reasonable policies in good faith and must abide by such policies. In the event a policy fails to comply with these Terms of Use and/or is unreasonable in any way we may, in our sole and exclusive discretion, require Provider to revise said policy. 

6.15. Processing Fees for Providers. 

Providers that participate with Walkns will be charged applicable fees (the “Processing Fees”) by the Walkns designated Payment Processor(s) for processing Customer Card payments according to the terms agreed between said Payment Processor (e.g. Stripe-Connect) and the Provider . These Processing Fees will always be the responsibility of the Provider and never Walkns’ responsibility.

6.16. Chargebacks and Revocations. 

If a Customer is not the authorized user of the payment method or otherwise contests the transaction, the amount of a transaction may be reversed or charged back provided that the transaction: (a) is disputed, (b) is reversed for any reason by the payment network, Walkns’s payment processors provider, or the Customer or its financial institution, (c) was not authorized or Walkns has any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of these Terms. For any transaction that results in a chargeback, Walkns will withhold the chargeback amount in a reserve from the amounts payable to Provider. We may recoup the amount of any chargeback and any associated fees and fines assessed by a network or our processor. In addition to the forgoing, be advised that Walkns may charge a chargeback processing fee. If you have pending chargebacks, we may delay payments, and if we reasonably believe that a chargeback is likely with respect to any transaction, we may withhold the amount of the potential chargeback from payments otherwise due to you until such time that: (a) a chargeback is assessed due to a Customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur. If we are unable to recover funds related to a chargeback for which you are liable, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you. 

If we believe you might incur, or you are incurring, an excessive amount of chargebacks, we may establish additional conditions governing your account, including (a) establishing new processing fees, (b) creating a reserve in an amount reasonably determined by us to cover anticipated chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Payment Services. 

We will assist you, when requested and at your expense, to investigate any of your transactions processed through the Payment Processors utilized by the Walkns platform. To that end, you permit us to share information about a chargeback with the Customer, the Customer’s financial institution, our payment processor, payment networks and your financial institution in order to investigate and/or mediate a chargeback. We will request necessary information from you to contest the chargeback. If the chargeback is contested successfully, we will release corresponding reserved funds to your account. If a chargeback dispute is not resolved in your favor by the network or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) calendar days of our request, may result in an irreversible chargeback. 

6.17. Withholding of Funds. 

Where we, in our reasonable opinion, are required to do so by law, we reserve the right to withhold funds for services that we reasonably deem suspicious with regard to money laundering, Unauthorized Business, fraud, or other illegal activities or in case of any other chargebacks or revocations. 

6.18. Payouts. 

Once you create your Stripe-Connect Account, through the secure link that the Walkns Applications will forward to you during your Walkns onboarding and Provider Account Setup process, you will have the opportunity (on the secure Stripe-Connect site) to designate a deposit account into which you wish to be paid out. Payouts to Providers via Stripe-Connect shall automatically be transferred to your deposit account, less any fees due to Walkns and/or Stripe, within 2-3 business days. Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed via your Walkns Provider Account Settings. 

We are not responsible and accept no liability for any delay of payout. To inquire about a payout schedule for any particular transaction please review your Stripe-Connect Payment Account, or contact Walkns at inquiries@walkns.com.  

In the event your payout account becomes negative, you agree that we and/or Stripe, Inc. have the right to offset any incoming payments against the negative balance. Should you fail to bring your account to positive, we and/or Stripe, Inc. may block you from accepting further payments and institute legal proceedings for collection. 

6.19. Responsibility for Accurate Payout Information. 

You agree to provide current, complete, and accurate deposit account information for payout. You agree to promptly update your Stripe-Connect Account and other information, including your address, email address and bank account information, so that we can complete your transactions through our designated Payment Processor(s) and contact you as needed. 

6.20. Processing Errors. 

Walkns utilizes recognized professional 3rd Party Payment Processors, including but not limited to Stripe-Connect and we refer you to them for tracking and resolution of any processing Errors suspected. Regarding any transaction records in your Walkns Provider Account, we can only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) calendar days of when it first appears on your electronic transaction history releases Walkns from addressing them. 

6.21. Payment of Taxes. 

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. 

6.22. Additional Products and Services, Generally. 

We may, from time to time, offer additional products and services for purchase by Providers’. Such additional products and services shall be subject to additional service fees, which shall be set out at the point of sale and subject to change in or sole and exclusive discretion and set forth in a separate agreement between the Provider and Walkns or a Walkns affiliate offering such products and services. 

6.23. Transaction History. 

You may, at any time, access your transaction history via your Account settings. Such history may include the ability to track commissions and inventory and otherwise receive statistics and reports on the performance of your Provider. While we endeavor to keep all such information complete, timely, and accurate, we do not warrant that all transaction history shall be error-free. You are encouraged to maintain your own transaction history and financial information and to verify the same with your qualified accountant. By using the Walkns Applications and Walkns Site you acknowledge that your reliance on any such information provided by Walkns is at your own risk. Walkns shall not be held liable in the event such information is inaccurate or incomplete. 

Part VII – Intellectual Property; Privacy. 

7.1 Intellectual Property Rights Not Waived. 

This is an Agreement for access to and use of the Services, and you are not granted a license to any software or intellectual property by these Terms of Use. Walkns Services are protected by U.S. and, where applicable, international intellectual property laws. The Services belong to us and are the property of us or our licensors (if any). We retain all ownership rights in the Walkns Services. 

Furthermore, all material displayed or transmitted on the Walkns Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties. 

Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Walkns Services, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. 

You may make a single print copy of any Materials provided by us on the Walkns Services for personal, non commercial use only, provided that you do not remove or cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on our Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to inquiries@walkns.com. 

You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Walkns Services in accordance with these Terms of Use. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Use specified in this Agreement. We reserve any rights not expressly granted under these Terms of Use. 

7.2 Feedback. 

You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non confidential. 

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use. 

Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions, and the like relating to Walkns or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority, or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you. 

7.3 Grant of License by User. 

You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in any content contained in any service listing or profile. You agree to allow Walkns to store or re-format your content and display your content in any way as we so choose. Walkns will only use personal information in accordance with our Privacy Policy. 

7.4 Confidential Information of Customers. 

As part of a transaction made via the Walkns Application, Providers may obtain personal information, including payment information, a telephone number, and an email address, from a Customer/User. The precise scope of personal information collected by Walkns is described in our Privacy Policy. 

This personal information shall only be used for that transaction or for Walkns-related communications and shall be held in strict confidence in accordance with our Privacy Policy. For more details on how the personal information is stored, processed and for which purposes is used by Walkns please refer to our Privacy Policy. 

We have not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the Customer, Providers are not licensed to add any Customer to an email or physical mailing list. For more information, see our Privacy Policy. This provision shall not apply to instances where a Provider adds its own Customers to the Mobile Application or otherwise obtains consent from a Customer to contact said Customer for purposes outside of the transaction and Walkns-related communications. 

7.5. Application License by Walkns. 

Subject to the terms and conditions of this Agreement, Walkns grants User a non-exclusive, non transferable, revocable license to use the Walkns Application, in object code form only, on User’s compatible devices including but not limited to mobile devices, solely to support User’s permitted use of the Services. 

7.6. DCMA Notice of Infringement. 

If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for your copyright notice is at the bottom of this Section 7.6.In order for us to take action, you must do the following in your notice:(a) provide your physical or electronic signature;(b) identify the copyrighted work that you believe is being infringed;(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;(d) provide us with a way to contact you, such as your address, telephone number, or email; (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed. 

Here is the contact information to which you must mail your Copyright Notification materials to:

Walkns LLC,
ATTN: Copyright Enforcement
539 W Commerce St.,  Suite 7125
DALLAS, TX 75208-1953 

PLEASE NOTE: We cannot take action unless you give us all the required information. 

Part VIII – Third-Party Advertisements, Promotions, Platforms, and Links. 

8.1. Third Party Advertisements and Promotions. 

We may, from time to time, run advertisements and promotions from third parties on the Walkns Services. Your dealings or correspondence with, or participation in promotions of advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Walkns Services. 

8.2. Use of Third-Party Tools and Platforms. 

We may provide you with access to third-party tools and Third-Party Platform integrations (including but not limited to Stripe-Connect, Google Calendars, Outlook Calendars, Apple Calendars, etc.) over which we neither monitor nor have any control nor input. Information shall be shared with such third parties as set forth in our Privacy Policy. 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and Third Party Platforms. 

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the Walkns Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms of Use. 

8.3. Third-Party Links. 

Certain content, products, and services available via our Services may include materials from third parties. 

Third-party links on the Walkns Services may direct you to third-party Web sites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Web sites and/or services, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.  

Part IX: Disclaimers; Limitations Of Liability; Indemnification 

9.1. Disclaimer Of Warranty; Limitation Of Liability. 

You agree that use of the Walkns Services is at your sole risk. Neither us nor our affiliates nor any respective employees, agents, third-party content providers or licensors warrant that the use of the Services shall be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information provided. 

Any downloadable software, products, or other materials, without limitation, is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use. Walkns does not warrant that your use of our Services will be uninterrupted or error free, that Walkns will review the information or materials made available through the Services for accuracy or that it will preserve or maintain any such information or materials without loss. Walkns shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Walkns. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. 

Although all information and materials carried on Services are believed to be reliable, we make no representations, neither expressly nor impliedly, as to the accuracy, completeness, timeliness, or reliability of the Services. 

To the maximum extent permitted by law, in no event shall we, our employees, subsidiaries, parents, agents, partners, third-party content providers, affiliates, vendors, and/or our or their respective directors and officers be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, including but not limited to loss of profits, personal injury or death, property damage, reputational harm, or loss of information or data, and even if advised of the possibility of such damages, which arise out of or are any way connected with or relate to (1) this Agreement, (2) any use of the Services, hardware or accessories, materials, or the user content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of the booking services or payment services), or (4) your visit to any Provider or the performance, non-performance, conduct, or policies of any Provider or Customer in connection with the Services. In addition, you specifically understand and agree that any third party directing you to the Walkns site by referral, link, or any other means is not liable to users for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the Services. Walkns is neither an agent of nor otherwise associated with any Provider for which a Customer has made an appointment or paid a bill using the Walkns Services. 

We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By utilizing the Walkns Services, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or otherwise utilize our Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain Users. 

The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees, and agents. You and Walkns understand and agree that the disclaimers, exclusions, and limitations in this Section 9.1 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Walkns would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. 

9.2. Indemnification. 

You agree to defend, indemnify and hold us harmless, as well as our affiliates and vendors and respective directors, officers, users, and agents, from and against all claims, suits, and expenses, including attorneys' fees, arising out of or related to (a) your use of the Walkns Site and/or the Walkns Applications, Walkns Widgets or QR Codes; (b) your noncompliance with or breach of this agreement; (c) your use of third party services, platforms, products, links, advertisements, and/or tools; (d) your violations of any third party rights, including third-party intellectual property rights in submissions and feedback; (e) the unauthorized use of the Services by any other person using your information; (f) your failure to comply with the network rules or pci-dss security standards, including the compromise of any payment information. 

9.3. Release. 

You understand that Providers and Customers are solely responsible for their interactions between each other and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you, your Provider as a result of your (or such recipient’s) interaction with a User or visit to any Provider or from any product or service of any Provider. You hereby release the Walkns from any and all such Claims. In connection with the foregoing, if you are a California resident, you hereby waive California civil code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Walkns pertaining to the subject matter of this Section 9.3. 

Part X - Governing Law; Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection. 

10.1. Governing Law. 

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Texas for those Users who enter into this Agreement with Walkns, LLC, without giving effect to any principles that provide for the application of the law of another jurisdiction. 

10.2. Arbitration. 

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitration choice related to the controversy, dispute, demand, count, claim, or cause of action) between you and Walkns or its successors or assigns shall exclusively be settled through binding and confidential arbitrating. 

Arbitration shall be subject to the UNCITRAL Arbitration Rules and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from UNCIRAL. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the UNICTRAL’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). You are thus giving up your right to go to court to assert or defend your rights except for matters that you file in small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. You and Walkns must abide by the following rules: (1) any claims brought by you or Walkns must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (2) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Walkns will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Walkns also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law. 

Notwithstanding the foregoing, either you or Walkns may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dallas, Texas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dallas, Texas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dallas, Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate. 

With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Walkns shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Dallas, Texas. 

Part XI – Miscellaneous. 

11.1. Customer Service. 

Should you have any questions, comments or concerns regarding the Services, customer service may be contacted at any time at +1 (972) 382-9170 or via email at customer.success@walkns.com or by postal mail at

Walkns LLC,
ATTN: Customer Success
539 W Commerce St.,  Suite 7125
DALLAS, TX 75208-1953. 

11.2. Affiliate Disclosure. 

We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Services. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate or partnership. 

11.3. Authority. 

Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms. 

11.4. Waiver. 

Any waiver of any rights under these Terms of Use shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law. 

11.5. Force Majeure. 

We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as a storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay. 

11.6. Assignment. 

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Walkns. 

11.7. Rights of Third Parties. 

These Terms do not give any right to any third party unless explicitly stated herein. 

11.8. Relationship of the Parties. 

The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither party has authority to enter into terms of any kind in the name of the other party or of any third-party that may have a right pursuant to these Terms.
 

11.9. Severability. 

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. 

11.10. Notices. 

Except as explicitly stated otherwise, any notices shall be given by postal mail to
Walkns LLC,
ATTN: Legal Notices
539 W Commerce St.,  Suite 7125
DALLAS, TX 75208-1953,
and in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing. 

11.11. Effective Date. 

From time to time, we may update these Terms of Use by prominently posting a notice of update to the Web site, by pushing a notice to registered Users of our Walkns Application, and/or by contacting you at the email you provided upon registration, so we encourage you to review them often. 

Last update: October 16, 2024