Professional & Salon Agreement
Last updated: 2026-05-01
This Agreement governs use of Cosmixxology by licensed hair-care professionals ("Professionals") and salon businesses ("Salons"). It is in addition to (and where it conflicts, supersedes) our consumer Terms of Service in respect of B2B usage.
Note: this is a template. Final B2B onboarding for Salons offering the Cosmixx Machine, commission programs, or exclusive territories should be papered separately with counsel.
1. Eligibility & accounts
- You represent that you (or the entity you bind) hold all licenses and permits required to provide hair-care services in your jurisdiction.
- You are responsible for the actions of every staff member you grant access to your account.
- You will keep license and insurance information up to date in your dashboard.
2. Services we provide to you
- Web and mobile dashboards for client management, scan capture, formula generation, and bookings;
- Where applicable, the Cosmixx Machine and consumables under a separate hardware/lease addendum;
- Integration with our marketplace for client-facing referrals.
3. Fees, commissions & payouts
Specific subscription fees, commission rates, and payout schedules are set out in the order form you accept at sign-up. Where commission applies, we collect on your behalf via Stripe Connect, deduct the agreed share, and pay you the balance on a rolling [bi-weekly] schedule, subject to any chargebacks or refunds. Tax reporting (1099-K, equivalent foreign forms) is your responsibility.
4. Cosmixx Machine — hardware terms
4.1 Title & lease
Cosmixx Machine units provided to you are leased; title remains with Cosmixxology, Inc.. You must operate them only at the location stated on the order form, may not modify them, and must surrender them at the end of the lease term in the condition delivered, ordinary wear and tear excepted.
4.2 Consumables
You agree to use only consumables and ingredient cartridges supplied by us. Use of unauthorized inputs voids the hardware warranty and may produce unsafe results.
4.3 Manufacturer of record / MoCRA
For products mixed on the Cosmixx Machine and dispensed to a consumer in the United States, [TBD: confirm with counsel — the typical structure has Cosmixxology, Inc. as "Responsible Person" under MoCRA for facility registration and product listing, with the operator following label and adverse-event reporting protocols we publish]. See the MoCRA Notice.
5. Client data & privacy
When you upload images or other personal data of your clients to the Services, you act as the data controller of that data; we act as your service provider under applicable US state privacy laws. You agree to obtain your clients' informed written consent before uploading their hair, scalp, or face imagery, in line with our Biometric Notice. The terms of the Data Processing Addendum are incorporated by reference.
6. Marketing & representations
You may describe yourself as a "Cosmixxology Professional" or "Cosmixxology Partner" while your account is in good standing. You may not (a) claim to manufacture, own, or have invented Cosmixxology technology, (b) describe AI analysis as a medical diagnosis, or (c) make therapeutic claims about products that are not supported by the FDA cosmetic-product regime applicable to the formula.
7. Indemnity & insurance
You agree to defend, indemnify, and hold harmless Cosmixxology, Inc. and its affiliates from claims arising from your services, your handling of client data, your operation of the Cosmixx Machine, and any product you dispense to a client. You will maintain commercial general liability insurance with at least USD $1,000,000 per occurrence and USD $2,000,000 aggregate, and will name Cosmixxology, Inc. as additional insured on request.
8. Limitation of liability
Aggregate liability of Cosmixxology, Inc. to you under this Agreement, regardless of theory, is limited to the fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim. Neither party is liable for indirect, consequential, incidental, or special damages, except for breaches of confidentiality or indemnity obligations.
9. Term & termination
Either party may terminate for material breach on 30 days' written notice, with an opportunity to cure. We may suspend access without notice for security incidents, payment failures, or violations of the Acceptable Use Policy. On termination, you must return any leased hardware, stop using marketing references to Cosmixxology, and we will export your data on request for 30 days.
10. Governing law & arbitration
Texas law governs. The arbitration agreement and class waiver in Section 15 of the consumer Terms of Service apply to disputes under this Agreement.
11. Contact
legal@cosmixxology.com