SaaS Subscription Agreement

1. Agreement Overview

This SaaS Subscription Agreement ("Agreement") is a binding contract between Day Spa Data LLC ("Company," "we," "us," or "our") and the subscribing spa owner or authorized business entity ("Customer," "you," or "your"). This Agreement governs the commercial terms of your subscription to the Day Spa Data platform.

This Agreement incorporates by reference our Terms of Service (general platform usage), Privacy Policy (data collection and handling), and Data Processing Agreement (processing of personal data on your behalf). In the event of a conflict between this Agreement and the Terms of Service, the terms of this Agreement shall prevail with respect to commercial and subscription matters.

This Agreement becomes effective upon activation of your account and remains in effect for the duration of your subscription, unless terminated in accordance with Section 10.

2. Service Description

The Day Spa Data platform ("Service") provides automated business intelligence for independent spa owners operating wellness or cosmetic spa businesses in a non-clinical context. Your subscription includes:

• Data extraction: Automated sync from your spa management software via its CDC (Change Data Capture) API
• Data warehousing: Storage and processing of your business data on Google BigQuery
• Data transformation: Automated transformation pipeline (via Dataform) that cleans, unifies, and models your data into analytics-ready tables
• Web dashboard: Access to the Day Spa Data web application with role-based views for revenue, clients, appointments, team performance, and more
• Scheduled data syncs: Automated data refreshes multiple times daily (currently early morning, midday, and evening Eastern Time)
• Role-based access: Configurable user accounts for your staff with role-appropriate access (executive, manager, employee)
• AI Data Analyst: Conversational AI feature powered by Anthropic that answers natural-language questions about your business data. Unlimited use on all subscription tiers, subject to fair-use safeguards (per-message reasoning step caps, query row limits, response caching) that keep cost-to-serve predictable without limiting the user experience

3. Subscription Plans & Pricing

All prices are quoted in US dollars and billed monthly. Standard subscription pricing is graduated by location count:

Standard subscription:

• $400/month for your first location, plus $150/month for each additional location (e.g., $400 for one location, $550 for two, $700 for three). Includes full dashboard access, all analytics features, unlimited use of the AI Data Analyst, unlimited user seats, and email support.

Premium consulting partnership (optional add-on):

• +$250/month (monthly cadence) or +$125/month (quarterly cadence), flat per account regardless of location count. Adds a written strategic briefing, an optional consulting call at your chosen cadence, a quarterly business review, direct async access to the founder for non-urgent questions (24-hour response, Mon–Fri), and priority support (under 4-hour response on data issues).

Where we have agreed different rates with you (for example, promotional or negotiated pricing), the rates in your order form or checkout confirmation control over the published rates above.

4. Onboarding & Setup

Onboarding is included at no additional cost. Setup includes:

• Historical data backfill from your spa management software
• Location configuration and data pipeline setup
• User account creation and role assignment
• Revenue goal ingestion
• 30-minute training session per location

Timeline: Typical setup is completed within 5 business days of receiving spa software API credentials and location details.

5. Billing & Payment

14-day free trial — no card required at onboarding: When your account is activated, you receive 14 days of full dashboard access with no payment method required upfront. During the trial period, the dashboard surfaces in-app reminders to add a payment method via the billing portal. You may add a card at any time during the trial; your first charge is not made until the trial ends.

Trial expiration without payment method: If the 14-day trial period ends without a payment method on file, your account is automatically restricted to the billing page only — you retain the ability to add a payment method to resume access at any time, but other dashboard pages are temporarily locked. No charge is ever assessed if you do not provide a payment method.

Anniversary billing cycle: Your monthly billing cycle begins on the day of your first charge and recurs on that same day each month. There is no proration; each account has its own anniversary cycle.

Monthly billing: Monthly subscriptions are billed in advance at the beginning of each billing cycle. Monthly plans are month-to-month with no minimum commitment.

Prepay arrangements: If we agree to an annual or other prepay arrangement with you, its term, rate, and renewal handling will be documented in an order form. Unless an order form states otherwise, all subscriptions are month-to-month.

Failed payments & account lock: Failed charges trigger automatic retry via Stripe's dunning schedule. Accounts with unresolved failed payments after the retry window will be automatically locked and lose access to the Service until the outstanding balance is paid.

Late fees: Invoices overdue by more than 15 days are subject to a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is less). We reserve the right to suspend access for accounts with invoices overdue by more than 15 days.

Taxes: All fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, or similar taxes, excluding taxes based on our net income.

Price changes: We may adjust pricing with at least 60 days written notice. Price increases will not take effect until the start of your next billing cycle. Existing annual contracts are honored at their contracted rate through the end of their current term.

6. Service Level Agreement

Uptime target: We target 99.9% monthly uptime for the Day Spa Data dashboard application, measured as the percentage of minutes in a calendar month during which the dashboard is available and functional.

Exclusions: The uptime calculation excludes: (a) scheduled maintenance (communicated in advance); (b) outages caused by third-party infrastructure providers, sub-processors, or your spa management software vendor; (c) force majeure events; and (d) issues caused by your systems, network, or equipment. Data sync delays do not constitute downtime.

SLA credits:

• Monthly uptime below 99.9% but at or above 99.0%: credit of 10% of that month's fees
• Monthly uptime below 99.0%: credit of 25% of that month's fees

Credit process: SLA credits must be requested in writing within 30 days of the affected month. Credits are applied to your next invoice and are not redeemable for cash. Maximum credit per month shall not exceed one month's subscription fees.

7. Support

Email support: Support is available via email at support@dayspadata.com.

Response times:

• Critical issues (data pipeline down, dashboard inaccessible): initial response within 4 hours during business hours
• Non-critical issues (questions, feature requests, minor bugs): initial response within 1 business day

Business hours: Monday through Friday, 9:00 AM – 6:00 PM Eastern Time, excluding US federal holidays. Phone support is not available at this time.

8. Data Processing & Security

Infrastructure: Your data is processed and stored on Google Cloud Platform in the us-east1 (South Carolina) region.

Sub-processors: We use third-party sub-processors to deliver the Service, including providers for data warehousing and compute, authentication, application hosting, transactional email, AI language model processing, error monitoring, product analytics, and payment processing. The complete current list of sub-processors and their processing locations is maintained in our Data Processing Agreement (Section 7).

Encryption: All data is encrypted at rest and in transit using industry-standard protocols.

Data ownership: You retain full ownership of all your business data. We process your data solely to provide the Service as described in this Agreement.

Aggregated data: We may use de-identified, aggregated data for benchmarking and service improvement purposes. Such data will not contain personally identifiable information or data that could reasonably be used to identify your specific business.

Full details on data collection, use, and protection are set forth in our Privacy Policy and Data Processing Agreement.

HIPAA & Protected Health Information: The Service is not provisioned by default to process Protected Health Information ("PHI") under the Health Insurance Portability and Accountability Act of 1996. Customer must not submit PHI to the Service absent a separately executed Business Associate Agreement. See Section 17 of the Terms of Service and Section 14 of the Data Processing Agreement for full terms, including Customer's responsibility to determine PHI status and Company's right to refuse PHI ingestion.

9. Data Retention & Export

During subscription: Your data is retained for the duration of your active subscription. You may request an export of your data at any time during the subscription term.

After termination: Following termination of your subscription, you will have a 90-day window to request an export of your data. Data exports are provided in CSV or JSON format.

Permanent deletion: After the 90-day export window, your data will be permanently and irreversibly deleted from our systems. We are not obligated to retain your data beyond this period.

10. Cancellation & Termination

By you: You may cancel your subscription at any time through your billing portal inside the dashboard. No notice period or written request is required. Cancellation takes effect at the end of the current billing period — you retain full access through the end of the period you have already paid for, and no further charges will run. Prepaid terms, if any, are non-refundable and run through the end of the period documented in your order form.

By us: We may suspend or terminate your account for: (a) material breach of this Agreement or the Terms of Service; (b) non-payment of fees overdue by more than 30 days; or (c) as required by law. Where possible, we will provide 30 days notice and an opportunity to cure.

Effect of termination: Upon termination, access to the Service ceases and all outstanding fees become immediately due and payable. Data retention and export terms are governed by Section 9.

11. Limitation of Liability & Disclaimers

The full terms regarding disclaimers of warranties and limitation of liability are set forth in Sections 11 and 12 of the Terms of Service, which are incorporated herein by reference.

Aggregate liability cap: Our total aggregate liability arising out of or related to this Agreement shall not exceed the total fees paid by you in the 12 months immediately preceding the event giving rise to the claim.

No guarantee of outcomes: The Service is provided as-is. Analytics, dashboards, and reports are tools to inform business decisions but do not guarantee specific business outcomes.

AI Data Analyst disclaimer: AI Data Analyst outputs are provided for informational purposes only and may contain errors, inaccuracies, or incomplete information. AI-generated responses do not constitute professional financial, legal, tax, or business advice. You are solely responsible for evaluating and independently verifying any information provided by the AI Data Analyst before making business decisions.

12. Publicity

You grant us a non-exclusive, royalty-free, worldwide right to use your business name and logo to identify you as a customer of the Service on our website, marketing materials, and customer lists. We will use reasonable efforts to follow any brand guidelines you provide. You may revoke this permission at any time by emailing legal@dayspadata.com, in which case we will remove your name and logo from new materials within 30 days. This Section does not authorize the use of any testimonial, quote, or case study, which requires your separate written consent.

13. General

Governing law: This Agreement is governed by the laws of the State of South Carolina, without regard to its conflict of law provisions.

Dispute resolution: Disputes shall be resolved in accordance with the dispute resolution procedures set forth in Section 14 of the Terms of Service (informal resolution, then binding arbitration administered by the American Arbitration Association in Charleston, South Carolina).

Entire agreement: This Agreement, together with the Terms of Service, Privacy Policy, and Data Processing Agreement, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements, proposals, or representations.

Contact: For questions about this Agreement, contact legal@dayspadata.com. Legal notices may be served on the Company at the registered agent address on file with the South Carolina Secretary of State for Day Spa Data LLC (Filing ID 260501-0933435).