Terms of Service

1. Acceptance of Terms

By accessing and using bodywork.now ("the Platform"), operated by Friendly Ventures, LLC, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms of Service, please do not use the Platform.

These terms apply to all users of the Platform, including clients seeking massage services and massage therapists ("Therapists") offering their services.

2. Service Description

bodywork.now is a professional bodywork directory that connects clients with licensed massage therapists and bodyworkers. The Platform provides:

• For Clients: Free browsing and booking requests to massage therapists. There are no booking fees or platform fees for clients.
• For Therapists: Profile listings, booking request management, and client communication tools. Pricing includes $19.95/month when active and $8.95 per accepted booking request.

bodywork.now acts solely as a platform to facilitate connections between clients and therapists. We do not provide massage services directly and are not responsible for the quality, safety, or legality of services provided by therapists.

3. User Accounts

3.1 Client Accounts

Clients can browse therapist profiles and submit booking requests without creating an account. To submit a booking request, clients must provide accurate contact information including name, phone number, and email address.

3.2 Therapist Accounts

Therapists must create an account to list their services on the Platform. By creating a therapist account, you represent and warrant that:

• You are at least 18 years old
• You possess all required licenses, certifications, and insurance to provide massage therapy services in your jurisdiction
• All information provided in your profile is accurate and up-to-date
• You will maintain the confidentiality of your account credentials

bodywork.now reserves the right to verify therapist credentials and approve or reject any therapist profile at our sole discretion.

3.3 Profiles Created from Public Information

bodywork.now may create therapist profiles using publicly available information obtained from state licensing boards, professional directories, and other public sources. These profiles are created to provide a comprehensive directory service for clients seeking licensed professionals.

If we have created a profile using your public information:

• You can claim it: You may claim your profile at any time by creating an account and verifying your identity. Once claimed, you have full control to edit, update, or enhance your profile information.
• You can request corrections: If any information in your unclaimed profile is inaccurate, you may contact us to request corrections.
• You can request removal: You may request removal of your profile at any time through our Profile Removal page. We will process removal requests within 72 hours.
• Public information disclaimer: The information used to create these profiles is already publicly available through government agencies and other sources. We aggregate and organize this information to improve discoverability for clients.

By using the Platform with a claimed profile, you acknowledge that we may have initially created your profile from public information and that you have had the opportunity to review, correct, and control that information.

4. Booking Process

The booking process on bodywork.now works as follows:

1. Client submits a free booking request through a therapist's profile
2. Therapist receives the request and can accept or decline
3. If accepted, the therapist and client communicate directly to finalize details
4. Payment for services is arranged directly between the client and therapist - bodywork.now does not process service payments (only therapist fees)

Important Notes:

• Booking requests are not confirmed bookings until the therapist accepts
• bodywork.now is not party to any agreements made between clients and therapists
• Cancellation policies are determined by individual therapists
• All payment arrangements and disputes are handled directly between client and therapist

5. Therapist Fees

Therapists pay the following fees to use the Platform:

• Monthly Subscription: $19.95/month charged only when availability toggle is ON. Can be paused at any time by toggling OFF.
• Introduction Fee: $8.95 per booking request when therapist replies "YES" to accept. Not charged for declined or unanswered requests.

Payment Processing: All payments are processed securely through Stripe, Inc. Your payment information is never stored on our servers and is handled directly by Stripe in compliance with PCI-DSS standards.

Refund Policy:

• Monthly subscription: Non-refundable. Can pause anytime to stop future charges.
• Introduction fee: Refundable within 24 hours if lead is spam, duplicate, or client never responds.

Failure to maintain valid payment information will result in profile deactivation and loss of access to booking requests.

6. User Conduct

All users agree to:

• Provide accurate and truthful information
• Respect the privacy and safety of other users
• Comply with all applicable local, state, and federal laws
• Not use the Platform for any illegal or unauthorized purpose
• Not harass, abuse, or harm other users
• Not post inappropriate, offensive, or fraudulent content

bodywork.now reserves the right to suspend or terminate accounts that violate these terms or engage in inappropriate conduct.

7. Privacy & Data Protection

We take your privacy seriously. Our collection and use of personal information is governed by our Privacy Policy. By using the Platform, you consent to:

• Collection of contact information for facilitating bookings
• Sharing of client contact information with therapists when a booking request is submitted
• Use of cookies and analytics to improve the Platform
• Email communications regarding bookings and account updates

We will never sell your personal information to third parties.

8. Disclaimers and Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

bodywork.now makes no warranties regarding:

• The quality, safety, or legality of services provided by therapists
• The accuracy of therapist profiles, certifications, or credentials
• The availability or reliability of the Platform
• The conduct or qualifications of any users

bodywork.now shall not be liable for any direct, indirect, incidental, or consequential damages arising from:

• Use or inability to use the Platform
• Any interactions between clients and therapists
• Any services provided by therapists
• Unauthorized access to user data

Users assume all risks associated with using the Platform and interacting with other users.

9. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, and software, is the property of bodywork.now and is protected by copyright and trademark laws.

Users retain ownership of content they upload (such as profile photos and descriptions) but grant bodywork.now a worldwide, non-exclusive license to use, display, and distribute such content on the Platform.

10. Termination

bodywork.now reserves the right to suspend or terminate user accounts at any time for:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Complaints from other users
• Non-payment of platform fees (therapists)
• Any other reason at our sole discretion

Users may terminate their accounts at any time by contacting support@bodywork.now.

11. Changes to Terms

bodywork.now reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to the Platform. Continued use of the Platform after changes constitutes acceptance of the modified terms.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

13. Dispute Resolution & Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13.1 Informal Dispute Resolution

If you have a dispute with bodywork.now, you agree to first contact us at support@bodywork.now and attempt to resolve the dispute informally. We will do our best to resolve any dispute within 30 days. If we cannot resolve the dispute within 30 days, either party may initiate arbitration as described below.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or JAMS, in accordance with its Comprehensive Arbitration Rules and Procedures.

The arbitration will be conducted in the State of California, unless you and bodywork.now agree otherwise. Each party will be responsible for paying any AAA or JAMS filing, administrative, and arbitrator fees in accordance with AAA or JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses.

YOU AND BODYWORK.NOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.3 Class Action Waiver

YOU AND BODYWORK.NOW AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR BODYWORK.NOW WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR BODYWORK.NOW ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

You and bodywork.now further agree that no arbitration or proceeding shall be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of all parties to any such arbitration or proceeding.

13.4 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must notify us in writing within 30 days of first accepting these Terms. Your written opt-out notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement. Send your opt-out notice to: support@bodywork.now or Friendly Ventures, LLC, 1000 East 18th Ave, Denver, CO 80218.

If you opt out, all other terms of these Terms of Service will continue to apply. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may have with us.

13.5 Exception for Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies for small claims court jurisdiction.

14. Indemnification

14.1 Client Indemnification

As a client, you agree to defend, indemnify, and hold harmless bodywork.now, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of the Platform
• Your violation of these Terms of Service
• Your violation of any third party rights, including privacy rights or intellectual property rights
• Any disputes between you and therapists
• Any false or misleading information you provide

14.2 Therapist Indemnification

As a therapist, you agree to defend, indemnify, and hold harmless bodywork.now, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your provision of massage or bodywork services, including but not limited to claims of injury, malpractice, negligence, sexual misconduct, inappropriate behavior, or violations of professional standards
• Your use of the Platform and your therapist profile
• Your violation of these Terms of Service
• Your violation of any applicable laws, regulations, or licensing requirements
• Any disputes between you and clients
• Any false or misleading information in your profile or communications
• Your failure to maintain proper licenses, certifications, or insurance
• Any breach of confidentiality or privacy violations

14.3 Defense of Claims

bodywork.now reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with bodywork.now's defense of such claim.

You may not settle any claim that affects bodywork.now without bodywork.now's prior written consent.

15. Background Checks & Therapist Vetting

15.1 No Background Checks or Verification

BODYWORK.NOW DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, IDENTITY VERIFICATION, OR LICENSE VERIFICATION FOR THERAPISTS LISTED ON THE PLATFORM.

While therapists are required to represent that they hold proper licenses and certifications, bodywork.now does not independently verify:

• Professional licenses or certifications
• Criminal history or background
• Identity or personal information
• Insurance coverage
• Professional references or work history
• Training or educational credentials

15.2 Client Responsibility

CLIENTS ARE SOLELY RESPONSIBLE FOR CONDUCTING THEIR OWN DUE DILIGENCE BEFORE BOOKING SERVICES WITH ANY THERAPIST.

We strongly encourage clients to:

• Verify therapist licenses with state licensing boards
• Ask therapists for proof of insurance and certifications
• Check online reviews and references
• Meet in safe, public locations or professional spaces
• Trust your instincts and prioritize your safety
• Report any suspicious behavior to bodywork.now immediately

15.3 Therapist Representations

By creating a therapist profile, therapists represent and warrant that:

• All licenses and certifications listed are current, valid, and verifiable
• They maintain all required professional liability insurance
• They have no history of professional misconduct or license revocation
• All information provided is accurate and truthful

Therapists acknowledge that bodywork.now relies on these representations and that providing false information is grounds for immediate account termination and may constitute fraud.

15.4 No Endorsement

The inclusion of a therapist profile on bodywork.now does not constitute an endorsement, recommendation, or guarantee of quality, safety, or professionalism. bodywork.now makes no representations about the suitability, reliability, qualifications, or conduct of any therapist.

15.5 Right to Remove Profiles

bodywork.now reserves the right to remove any therapist profile at any time for any reason, including but not limited to complaints, suspected misconduct, or failure to maintain proper licenses. However, bodywork.now has no obligation to monitor, investigate, or verify therapist credentials or conduct.

16. Force Majeure

bodywork.now shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, or epidemics
• War, terrorism, civil unrest, or government actions
• Internet service provider failures or telecommunications outages
• Power outages or equipment failures
• Cyberattacks, hacking, or other malicious digital activities
• Labor disputes or strikes
• Failures or delays by third-party service providers (hosting, payment processing, etc.)

In the event of a force majeure situation, we will:

• Notify users as soon as reasonably possible about the service interruption
• Make reasonable efforts to resume normal operations as quickly as possible
• Suspend our performance obligations only for the duration of the force majeure event

If a force majeure event continues for more than 30 days, either party may terminate the agreement with written notice. Therapists will not be charged subscription fees during periods when the Platform is unavailable due to force majeure.

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

If a provision cannot be modified to make it enforceable, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms of Service.

18. Contact Information

If you have any questions about these Terms of Service, please contact us: