Wizard Beans
User Terms and Conditions
Last Updated: February 23, 2023
Bunch of Help, LLC, d/b/a Wizard Beans (“Wizard Beans,” the “Site,” “us,” or “we”), is an online business management platform. We provide the platform as well as related support, consulting, and other services to our customers. Therefore, in these Terms and Conditions, we will refer to the platform and the related services collectively as our “Services.”
By accessing and using our Services, you agree to be bound by the Terms and Conditions set forth herein. To be eligible to use any of the Services, you must review and accept these Terms and Conditions by clicking on the “Login” button, accept checkbox, or other mechanism provided. By clicking on the “Login” button, accept checkbox, or other mechanism provided, you agree to be bound by these Terms and Conditions and have entered into a binding legal agreement between you and Wizard Beans which governs your use of our Services. “You” means the individual person entering this agreement on his or her own behalf.
By registering to use our Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions. In that case, “you” and “your” will also refer to that organization.
These Terms and Conditions include Wizard Bean’s Privacy Policy located here: Privacy Policy. If you do not agree to these Terms and Conditions, including our Privacy Policy, then you do not have permission to use our Services. If you register for use of a free trial, the applicable provisions in these Terms and Conditions will govern your use of the Services.
If you are a company or other legal entity and have entered into a separate written agreement with Wizard Beans for the use of the Services, in the event of any conflict between these Terms and Conditions and that written agreement, the terms of the written agreement shall control.
1. USE OF SERVICES
1.1 Permitted Use. Subject to these Terms and Conditions, during the course of your subscription , we grant you a limited, non-exclusive, worldwide, non-transferable (except as expressly permitted by us in writing) right to use our Services solely for your internal business operations.
1.2 Authorized Users. Use of our Services is limited to authorized users only. As part of the registration process, you may be asked to identify your company and any authorized users who should be associated with your account. You agree not to misrepresent the identity or nature of the company or authorized users who should be associated with your account. By using our Services, you agree not to share your login information with anyone that is not an authorized user without express written consent by us.
Upon your request, we may issue additional accounts for authorized users. If such accounts are issued, it is up to you to notify us in writing if you wish for one or more of these accounts to be terminated. If you are using the Services on behalf of a company or other legal entity and have been provided administrative access by us, you may issue additional authorized user accounts to your company’s employees. If any such accounts are issued, it is up to you to manage and terminate these accounts as necessary. You are responsible for maintaining the confidentiality of all your accounts and for all activities that occur under your accounts, including the activities of all authorized users. It is also your responsibility to ensure that employees or other authorized users under your account comply with these Terms and Conditions.
1.3 Restrictions. You may not copy, sell, rent, loan, lease, sublicense, distribute or otherwise transfer all or any portion of our Services, including any software related to those Services, to third parties. You may not modify, adapt, or translate the Services or software. You may not knowingly take any action that would cause the Services or software to be placed in the public domain.
You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of our Services and the underlying software by any means whatsoever, directly or indirectly. Any information about the Services and the underlying software that you may have acquired during the use of our Services may not be used or disclosed to any third party to create any software which is substantially similar to the Site’s Services and software.
You may not circumvent or disable any security or other technological features of the Services. You may not attempt to probe, scan or test the vulnerability of the system, breach security or authentication measures, or gain unauthorized access to any Services.
You shall not transmit to us or upload to the Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
1.4 Ownership and Intellectual Property Rights. By using our Services, you acknowledge that we, Wizard Beans, retain exclusive ownership of all rights, titles, and interests, including all intellectual property rights, in and relating to the Services, including any modifications, updates, customizations, enhancements, and improvements. Any Services delivered to you or to which you may have access will not be deemed to have been sold, even if we make reference to words such as “sale” or “purchase.” By granting you a right to use our Services, we are not granting any rights (expressed, implied, by estoppel or any other means) to you.
1.5 Feedback. At your discretion, you may provide feedback to us concerning the functionality and performance of the Services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggest any Feedback, you hereby assign the ownership in all Feedback to us. In the event ownership in the Feedback cannot be granted to Wizard Beans, you grant Wizard Beans at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that we may disclose that Feedback to any third party in any manner and you agree that Wizard Beans has the ability to sublicense all Feedback in any form to any third party without restriction.
2. FREE TRIAL
2.1 Free Trial Defined. From time to time, we may offer trials of our Services for a specified period of time free of charge. The Services that do not require payment are referred to as a “Free Trial.”
2.2 Terms Specific to a Free Trial. A Free Trial of our Services will end at the earliest of: (a) the end of the Free Trial period for which you were granted; (b) the start date of a paid subscription for our Services; or (c) termination by us in our sole discretion. Additional Free Trial terms and conditions may have been entered into when your Free Trial was granted, and those additional terms and conditions are incorporated here by reference and are legally binding. We reserve the right, in our sole discretion, to determine your eligibility for a Free Trial, and to withdraw or to modify a Free Trial at any time without prior notice and with no liability, to the greatest extent permitted under applicable laws. You may use the Services provided under a Free Trial solely for the purpose of evaluating whether to purchase a paid subscription for such Services. You may not use the Services provided under the Free Trial for any other purpose, including for competitive analysis.
ANY DATA YOU ENTER INTO THE SITE AND ANY CONFIGURATION CHANGES MADE BY OR FOR YOU DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SAME SERVICES PROVIDED UNDER THE FREE TRIAL, OR YOU EXPORT SUCH DATA AS PERMITTED BY THESE TERMS AND CONDITIONS BEFORE THE END OF THE FREE TRIAL PERIOD.
3. FEES, TERM AND TERMINATION
3.1 Fees. Unless otherwise expressly agreed to in a separate written agreement between you and Wizard Beans, payment for the Services (“Service Fees”) are on a month-to-month basis and are non-refundable, based on Services purchased and not actual usage.
3.3 Billing and Payment. Unless otherwise expressly agreed to in a separate written agreement between you and Wizard Beans, Wizard Beans will bill you according to the Service Fees and billing cycle disclosed to you at the time of purchase. Wizard Beans, or its third-party payment processor (“Payment Processor”), will bill the Service Fees through the billing information you provided in your account (your “Billing Account”). You authorize Wizard Beans, or its Payment Processor, to charge your chosen payment provider (your “Payment Method”) for the Service Fees and you agree to make payment using that selected Payment Method. Wizard Beans, or its Payment Processor, may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. Your payment is subject to validation by such Payment Method, and Wizard Beans is not responsible if your Payment Method declines to authorize payment for any reason. It is possible that your Payment Method may charge you an online handling fee or processing fee. Neither Wizard Beans, nor its Payment Processor, is responsible for this. At all times, the fees for the Services exclude all taxes and charges, unless stated otherwise. You are responsible for any taxes and for all other charges (for example, sales or use tax, data charges and currency exchange settlements). You will pay all fees in United States dollars. You must keep all information in your Billing Account current. You retain the responsibility for settling all outstanding balances in a timely manner. Wizard Beans’s current Payment Processor is PaySimple, and your payments are processed by PaySimple in accordance with PaySimple’s Buyer Terms of Service and Privacy Policy. Wizard Beans does not control and is not liable for the security or performance of the Payment Processor.
3.3 Term. Unless otherwise agreed to in a separate written agreement between you and Wizard Beans, the term of Services will commence on the date you registered for the Services, (“Effective Date”) and will continue automatically on a month-to-month basis until terminated in accordance with the terms of Section 4.
3.4 Termination. Unless otherwise agreed to in a separate written agreement between you and Wizard Beans, either party may terminate Services at any time for any reason with thirty (30) days advance written notice to the other party. If you fail to timely pay any Service Fees or you materially breach these Terms and Conditions, we may, without limitation to any of our other rights or remedies, suspend performance of or terminate our Services without advance written notice. We may terminate Free Trials at any time at our sole discretion.
3.5 Effect of Termination. AFTER A SERVICE HAS BEEN TERMINATED FOR ANY REASON, WE HAVE NO OBLIGATION TO PROVIDE OR PERFORM ANY SERVICES AFTER THE EFFECTIVE DATE OF TERMINATION. WE ALSO HAVE NO OBLIGATION TO RETAIN ANY DATA UPLOADED INTO THE SITE, OR OTHERWISE PROVIDED DURING THE COURSE OF OUR SERVICES.
4. SUBSCRIBER DATA
4.1 Subscriber Data Defined. Subscriber Data means any data provided by or on behalf of you or to which you direct us that is uploaded into the Site or otherwise provided for processing by our Services. Without limiting the generality of the foregoing, Subscriber Data includes all point of sale data provided by you or your third-party provider.
4.2 Access Granted. By using our Services you acknowledge that these Services involve transmission of Subscriber Data and agree to grant us a non-exclusive, worldwide, royalty-free license to use, copy, transmit, index, store, publish, distribute, and display: (a) Subscriber Data as required to provide or perform the Services and account management services; and (b) de-identified, aggregated information derived from Subscriber Data and from your use of the Services for purposes of improving our products and services, and developing, displaying, and distributing benchmarks and similar reports, provided that any such data is not publicly identifiable as originating with or associated with you or any individual person.
4.3 Accuracy of Subscriber Data. Since Subscriber Data is data provided to us by you or on your behalf, we are not responsible for the content, accuracy, availability, appropriateness, and legality of Subscriber Data and any other information you may access using the Services and for your use of Subscriber Data with the Services. Without limiting the generality of the foregoing, as between the parties, you shall have sole responsibility for (a) the accuracy, quality, and legality of Subscriber Data; (b) the means by which the Subscriber Data you provide or direct us to was acquired; (c) ensuring the Services are appropriate for you as well as any Subscriber Data or other data you input or provide us access to; (d) ensuring all contractual terms required under any applicable privacy laws have been entered into between the parties hereto; and (e) ensuring any required consent of a data subject has been or is obtained, and any necessary disclosures made, for any use or disclosure by you or Wizard Beans. For the avoidance of doubt, EWC Ventures, LLC d/b/a European Wax Center and Bunch of Help LLC d/b/a Wizard Beans have not verified the accuracy of any data accessible via the Services.
4.4 Data Security. We implement and maintain reasonable administrative, physical, and technical safeguards intended to protect against the unauthorized access, use, disclosure, alteration, or destruction (other than by you or Authorized Users) of Subscriber Data. You acknowledge that the use of our Services involves transmission of Subscriber Data and other communications over the internet and other networks, and that such transmissions could potentially be accessed by unauthorized parties through no fault of our own. Should we discover any unauthorized access, use, disclosure, alteration or destruction of Subscriber Data requiring notification under applicable law (a “Security Incident”), we will: (a) promptly notify you of the Security Incident; (b) cooperate with you in good faith to investigate the cause of the Security Incident; and (c) take reasonable steps to prevent any future reoccurrence.
You are fully responsible, and we have no liability, for any viruses, worms, Trojan horses, or other disabling code, malware component, or code or program harmful to a network or system contained in or originating from Subscriber Data.
5. WARRANTIES
5.1 NO WARRANTIES. INFORMATION PROVIDED ON THE SITE AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO THE SITE OR SERVICES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SPECIFICALLY, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE USE AND DISTRIBUTION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, OUTAGES, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
We use reasonable efforts to include accurate and up-to-date information on the Site and during the course of our Services. However, due to the nature of the information coming from Subscriber Data and our lack of control over that Subscriber Data, we are unable to make any warranties or representations as to its accuracy or completeness. We assume no liability or responsibility for any errors or omissions in the content of the Site. As such, we are not intended to act as your final payroll system. Your use of the Site and our Services are at your own risk.
5.2 Limitation of Remedies. To the extent permitted by law, your sole and exclusive remedy arising out of or in connection with any breach of warranty that cannot be waived, is limited to correction of the non-conforming Services or re-performance of the Services, as applicable, or if correction or re-performance is not commercially reasonable, termination of the applicable Services and a refund of any prepaid unused fees for the applicable Services.
6. SUBSCRIBER INDEMNIFICATION
6.1 Scope. You will, at your expense, defend us from or settle any actual or threatened claim arising out of or based upon: (a) use of the Services by you, your authorized users, your administrators, your affiliates, or your authorized third party contractors, in violation of the use restrictions provided under Section 1.3 of these Terms and Conditions; (b) an allegation that Subscriber Data or other materials, software, or information provided by you or on your behalf, or your collection, use, distribution, transfer or display thereof, infringes, misappropriates, or otherwise violates the rights of any person or third party or applicable law; or (c) any actual or threatened claim brought by a Permitted Third Party arising out of or based upon your acts or omissions. You will indemnify us from and pay all losses, damages, expenses, cost of defense (including, without limitation, attorneys’ fees, witness fees, damages, judgments, fines and amounts paid in settlement). We will give you prompt written notice of the claim and provide assistance in connection with the defense and settlement of the claim as you may reasonably request. You may not settle any claim against us unless you unconditionally release us from all liability or receive our express written consent.
6.2 Right to Participate. We reserve the right to participate in the defense of any claim at our own expense and with counsel of our own choosing.
7. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR THIRD PARTY LICENSORS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, OUR AND OUR LICENSOR’S ENTIRE AND AGGREGATE LIABILITY , WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR OUR SERVICES IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR U.S. $50.00.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. MISCELLANEOUS
8.1 Access by Competitors. You may not access our Services if you are our direct competitor, except with our prior written consent.
8.2 Governing Law; Choice of Law. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Texas and the Federal Laws of the United States of America, exclusive of any conflicts of laws principles which would require the application of the laws of another jurisdiction. Any and all disputes arising between the parties shall be subject to the exclusive jurisdiction of the courts located in Travis County, Texas and you consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
8.3 Severability. If any part of these Terms and Conditions are found to be illegal, unenforceable, or invalid, the remaining portions will remain in full force and effect. If any material limitation or restriction on the use of the Services is found to be illegal, unenforceable, or invalid, your right to use the Services will immediately terminate.
8.4 Headings. Headings are used in these Terms and Conditions for reference only and will not be considered when interpreting the provisions.
8.5 Read and Understood. By using our Services, you acknowledge that you have read and understood the Terms and Conditions related to those Services and agree to be bound by them. If you do not agree to the Terms and Conditions set out herein, then you must not use, or must immediately cease using, our Services.
8.6 Changes. We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time, so you should review this page periodically. If a revision is material we will update the ‘Last Updated’ date at the top of this page and, use commercially reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site, the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Any such changes will become as of the Last Updated date; changes addressing new functions of the Site or the Services or changes made for legal reasons will be effective immediately.
By continuing to access or use our Site and/or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and Services.
8.7 Survival. The provisions that by their nature are designed to survive termination or expiration of these Terms and Conditions shall survive termination or expiration of these Terms and Conditions or your access to our Site or Services.
8.8 Assignment. You shall not assign or transfer these Terms and Conditions without our prior written consent. Any attempt to assign or transfer these Terms and Conditions by you shall be void.
8.9 Force Majeure. We shall not be liable to you for any delay or failure to perform our obligations hereunder if such delay or failure arises from any cause or causes beyond our reasonable control. Such causes shall include, but are not limited to, acts of God, pandemic, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
8.10 Entire Agreement. Unless you are a company or other legal entity that has entered into a separate written agreement with Wizard Beans for the use of the Services, these Terms and Conditions shall constitute the entire agreement between the you and Wizard Beans regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.