Terms of Service

1. Who we are and who these terms are for

These terms are an agreement between you and Jonty Oglesby, a sole trader trading as Barbly (“Barbly”, “we”, “us”).

Business

Jonty Oglesby, a sole trader, trading as Barbly

Address

Postal address available on request at hello@barbly.uk

Email

hello@barbly.uk

Data protection

ICO registration: in progress

VAT

Not VAT registered

“You” means the business that opens a Barbly account: a barbershop, barber, chair renter or similar. Barbly is a business service. By creating an account you confirm that you’re using it for your business, not as a consumer, that you’re 18 or over, and that you can agree to these terms for the business. They apply from when you create your account, together with our Data Processing Agreement and Privacy Policy.

2. The service

Barbly gives your shop an online booking page, a diary for you and your barbers, client records, email confirmations and reminders, deposits and prepayments through Stripe, and the tools to run them (together, the “Service”). What’s included depends on your plan.

We keep improving Barbly, so features may change. We won’t remove a major feature you pay for without telling you at least 30 days before. Text-message reminders are not included in any plan; when they launch they’ll be a separate paid add-on.

3. Accounts and security

• Give us accurate details and keep them up to date, especially your email address: it’s where we send anything important.
• Keep your password safe and don’t share logins. Give each barber their own login instead. We strongly recommend turning on 2-step verification.
• You’re responsible for what happens under your account, including what your staff do with their logins.
• Tell us straight away at hello@barbly.uk if you think someone has got into your account.

4. Early access, free trial and plans

Early access. While Barbly is in early access, it’s free and there’s nothing to pay. We’ll email you at least 30 days before billing starts. You’ll only be charged if you then choose a plan and add a card.

Free trial. Once billing is open, new accounts get a 30-day free trial of any plan, with no card needed. If the trial ends without a plan, your account pauses: your booking page goes offline and your data is kept for 60 days (see Closing your account).

Plans. Our current plans are:

Add-ons: a custom domain is £5 a month on the Shop plan (included on Shop Pro), and each location beyond the 3 included on Shop Pro is £15 a month. The pricing page lists what each plan includes. Limits such as the number of barbers and locations are part of the plan.

Barbly is not VAT registered, so no VAT is added to these prices. If we register for VAT, we’ll tell you at least 30 days before it affects what you pay.

5. Billing, renewal and cancellation

• Plans are paid in advance, monthly or yearly, by card through Stripe. They renew automatically until you cancel.
• If you choose a plan during your trial, the first payment is taken when the trial ends.
• Moving to a bigger or smaller plan takes effect straight away; Stripe adjusts the next invoice for the part of the period left.
• You can cancel any time in Settings. Your plan then runs to the end of the period you’ve paid for and isn’t renewed. We don’t refund part-periods, unless the law requires it or these terms say otherwise.
• If a payment fails, Stripe tries again for a short time. If it still can’t be collected, we may pause your account until it’s paid.
• We may change our prices. We’ll tell you by email at least 30 days before, and the new price applies from your next renewal after that. If you don’t want to pay it, you can cancel before then.

6. 0% commission and card fees

Barbly takes no commission on your bookings or on payments your customers make. Deposits and prepayments go into your own Stripe account. Stripe charges its own processing fees on those payments (for UK cards, currently about 1.5% + 20p), which are taken by Stripe from your Stripe balance. We don’t add anything on top.

If we ever introduce a platform fee on payments, we’ll give you at least 30 days’ notice by email first.

7. Payments through Stripe

Payment processing services for shops on Barbly are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a shop on Barbly, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Barbly enabling payment processing services through Stripe, you agree to provide Barbly accurate and complete information about you and your business, and you authorise Barbly to share it and transaction information related to your use of the payment processing services provided by Stripe.

Your Stripe account is yours: refunds, chargebacks and disputes on your customers’ payments are between you and Stripe, and Barbly never holds your money. Stripe acts as an independent controller of the payment data it collects. Barbly automatically refunds online payments when you cancel a booking, or when a customer cancels inside your free-cancellation window, using your Stripe account.

8. Your responsibilities

• Your customers’ data. You are the controller of your customers’ personal data and we are your processor (see the DPA). Make sure you have a lawful reason for what you record, keep the privacy notice on your booking page accurate for how you work, answer your customers’ data requests (Barbly gives you the tools: edit, export, delete), and don’t record health or other sensitive details unless the customer has agreed.
• Your policies. You set your own deposit, cancellation and no-show policy. It must be clear to customers before they book and fair under the Consumer Rights Act 2015, and you must give customers the information, and any cancellation rights, that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require where they apply. For example, keep deposits and fees proportionate to your real loss.
• Accurate information. Keep your prices, services, hours and contact details on Barbly correct.
• Emails to your customers. Confirmations, reminders and “Same again?” emails are sent in your shop’s name. Barbly records and respects customers’ choices about “Same again?” emails; don’t work around them.
• Lawful use. Run your business lawfully, including employment, licensing and consumer law, and use Barbly only as these terms allow.

9. Acceptable use

Don’t use Barbly to, or try to:

• break the law, or mislead, harass or discriminate against anyone;
• send spam, or email people who haven’t booked with you;
• upload anything unlawful, infringing, hateful or sexually explicit, or anything you don’t have the rights to;
• get into other accounts or shops, probe or attack our systems, or upload malware;
• scrape, copy or resell the Service, or get round plan limits or security measures;
• overload the Service, or use it in a way that harms other shops.

10. Your content

Everything you put into Barbly stays yours: your logo, photos, words, services, and your client and booking records. You give us a licence to store, copy, resize, display and send it, only as needed to run the Service for you (for example, showing your photos on your booking page and your logo in emails). The licence ends when your data is deleted. We won’t use your content to promote Barbly without asking you first.

You confirm you have the right to use what you upload, including permission from anyone who appears in your photos, and that it doesn’t infringe anyone else’s rights.

11. Support access to your account

To help you, Barbly support can log in to your account as the owner. We only do this to give support you’ve asked for, or to investigate a problem, a security issue or a suspected breach of these terms. Every time is recorded (who, when and which shop), the access ends after 2 hours at most, and while logged in as you we can’t close your account or download your data. We won’t change your settings unless you’ve asked us to, or it’s needed urgently to fix a fault or protect your customers, in which case we’ll tell you what we did.

12. Availability

We work hard to keep Barbly running all the time, but we can’t promise it will never be interrupted. We may need short maintenance windows, and we rely on providers such as our hosting company, Stripe and our email provider, whose outages we can’t control. We back up every night, and you can download your clients and bookings any time; it’s sensible to keep your own copy of anything critical.

13. Suspension and termination

We may suspend your account or booking page, or end these terms:

• if a payment you owe us is unpaid (see Billing);
• if you seriously or repeatedly break these terms, or don’t fix a breach within 14 days of us asking;
• if we need to, to protect the Service, other shops or your customers, or because the law requires it.

Where we reasonably can, we’ll warn you first and give you a chance to put things right. We can also end these terms for any reason by giving you at least 30 days’ notice by email; if we do, we’ll refund any fees you’ve paid for the time after your account closes. You can end these terms any time by closing your account.

14. Closing your account and deleting data

• Download first. In Account & data you can download your clients and bookings (CSV) and your shop set-up (JSON) at any time.
• Closing. Close your account from Account & data with your password. Your booking page goes offline straight away, your subscription is cancelled (no further charges and no refund for the current period), and you can choose to cancel all upcoming bookings, which emails each customer and refunds what they paid online.
• Deletion. Everything is permanently deleted 30 days after you close your account. Accounts that pause (a trial ending without a plan, or a subscription ending or going unpaid) are deleted 60 days after they pause. We email the owner 7 days before deletion. Deleted data drops out of our backups within 30 days.
• Changed your mind? Email hello@barbly.uk before the deletion date and we’ll reopen your account. Once data is deleted we can’t get it back.

We keep only what the law requires after that, such as invoices for tax purposes.

15. Our liability to you

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law doesn’t allow us to limit or exclude.

Subject to that:

• we’re not liable for loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss;
• we’re not liable for losses caused by things outside our reasonable control, by your customers, by Stripe or other services you connect, or by you not following these terms;
• our total liability to you for all claims arising in any 12-month period, whether in contract, tort (including negligence) or otherwise, is limited to the greater of £100 and the fees you paid us in that period.

These limits reflect the price of the Service and that you’re in the best position to manage risks to your own business (for example, by insurance). Barbly is provided for business use; except as set out in these terms, we don’t give any further promises about it.

16. Changes to these terms

We may update these terms, for example when we add features or the law changes. For changes that matter, we’ll email account owners at least 30 days before they take effect. If you don’t agree, you can close your account before then, and if you’ve paid for a year we’ll refund the unused months. Using Barbly after the change takes effect means you accept it. Small changes that don’t affect you negatively, such as clarifications, can apply straight away. The version and date are shown at the top.

17. Data Processing Agreement

Our Data Processing Agreement forms part of these terms and applies whenever we process your customers’ or staff’s personal data for you. If the two conflict on data protection, the DPA wins.

18. General

• These terms, the DPA and anything they refer to are the whole agreement between us about Barbly.
• We may transfer this agreement to someone who takes over Barbly; we’ll tell you if we do. You need our written agreement to transfer it.
• We’ll send notices to the email address on your account; send yours to hello@barbly.uk.
• If a court finds part of these terms can’t be enforced, the rest still applies.
• If we don’t enforce a right straight away, we can still enforce it later.
• Nobody else has rights under these terms (the Contracts (Rights of Third Parties) Act 1999 doesn’t apply).
• Neither of us is responsible for delays caused by events outside our reasonable control.

19. Governing law

These terms, and any dispute about them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Please talk to us first at hello@barbly.uk: most problems can be sorted out quickly.