SwankyBook — Terms of Service

SwankyBook is a service operated by GradientD, an assumed name (DBA) of Daniel Lee James, a sole proprietor located in Austin, Texas ("SwankyBook," "we," "us," or "our"). These Terms of Service ("Terms") are a binding agreement between you and us. They govern your access to and use of the SwankyBook website, apps, and services (together, the "Platform").

By creating an account, or by accessing or using the Platform, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Platform.

1. What SwankyBook is — and is not

SwankyBook is an online marketplace and business-management platform that connects independent personal-service providers ("Artisans" — e.g. tattoo artists, hair stylists, massage therapists, trainers) with people who wish to book their services ("Clients"). A single account may act as both.

SwankyBook provides the venue and software — discovery, scheduling, notifications, deposit-collection tooling, and optional AI assistants. SwankyBook is not:

• a party to the agreement between an Artisan and a Client for the personal service itself;
• the provider, employer, or agent of any Artisan — Artisans are independent businesses, solely responsible for the services they offer, their conduct, licensing, insurance, taxes, and compliance with law;
• a payment processor, money transmitter, or merchant of record for the services booked through the Platform (see §7).

We do not guarantee the quality, safety, legality, or outcome of any service, or that any Artisan or Client will perform as expected. You use the Platform, and transact with other users, at your own risk.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract.
• You must provide accurate information and keep it current. You are responsible for everything that happens under your account and for keeping your sign-in (magic-link email) secure.
• Artisans must be legally authorized to provide the services they list, including holding any license, permit, or certification their jurisdiction requires.
• We may refuse, suspend, or terminate any account at our discretion, including for violation of these Terms (see §13).

3. The Platform and the "Reviewed" badge

We work to keep the Platform available but provide it "as is" and may change, suspend, or discontinue features at any time.

A "Reviewed by SwankyBook" badge means only that a SwankyBook reviewer has reviewed the Artisan's profile for completeness and obvious red flags before it was published. It is not a background check, identity verification, license verification, or endorsement, and it does not guarantee the Artisan's qualifications, safety, or the quality of their work.

4. Bookings

• When a Client requests a booking, the Client and Artisan form a direct agreement for that service. SwankyBook facilitates scheduling and the deposit but is not a party to it.
• Some services are instant-book; others require Artisan approval. A booking is confirmed only when its status becomes CONFIRMED.
• The Client is responsible for arriving on time and providing accurate contact and (for mobile services) location details. The Artisan is responsible for performing the booked service.
• Delivery mode (in-studio, mobile, or hybrid) is set per service by the Artisan.

5. Deposits, balance, and tips

• To confirm a booking, the Client pays a deposit set by the Artisan. The deposit is collected through the Artisan's own payment processor (see §7) — SwankyBook never holds the deposit.
• The remaining balance and any tip are paid directly to the Artisan, outside the Platform (e.g. in person). SwankyBook does not process, collect, or guarantee balance or tip payments.
• All amounts are shown in U.S. dollars unless stated otherwise.

6. Cancellations and refunds

The following platform-default cancellation policy applies to all bookings (it may evolve; the version shown at booking time controls):

• Client cancels a booking the Artisan has not yet accepted (PENDING): full refund of the deposit.
• Client cancels a confirmed booking more than 24 hours before the start time: full refund of the deposit.
• Client cancels a confirmed booking 24 hours or less before the start time: the deposit is forfeited (no refund).
• Artisan declines a pending request, or cancels a confirmed booking: full refund of the deposit to the Client.
• No-show: if the Client does not show, the deposit is forfeited and is not refundable through the cancellation flow.

Refunds, when due, are issued back to the Client through the Artisan's payment processor (see §7). Forfeited deposits belong to the Artisan, not to SwankyBook.

7. Payments — Artisans bring their own payment processor

This is central to how SwankyBook works and how money moves:

7.1 Bring-your-own merchant. Each Artisan connects their own payment processor / merchant account (e.g. LatticePay) to receive deposits. SwankyBook is not the merchant of record, does not take custody of Client funds, and never receives, holds, or disburses the deposit, balance, or tips for a booked service.

7.2 No card data on SwankyBook. Card and payment details are handled by the payment processor's tokenized, PCI-compliant flow. SwankyBook does not collect or store full payment card numbers.

7.3 Artisan responsibility for the processor relationship. The Artisan is solely responsible for their agreement with their payment processor, for maintaining a valid account in good standing, for payouts, chargebacks, disputes, and for any fees that processor charges.

7.4 Refund authorization (Artisans read carefully). By listing services and accepting bookings, the Artisan authorizes SwankyBook to initiate refunds to Clients against the Artisan's connected payment processor account on the Artisan's behalf, in the amounts and circumstances set out in the cancellation policy (§6) and as triggered through the Platform (e.g. a qualifying Client cancellation, an Artisan decline or cancellation). The Artisan agrees to maintain sufficient processor access and standing for these refunds to complete, and is ultimately responsible to the Client for any refund the policy requires, whether or not it completes through the Platform.

8. Fees to SwankyBook (Artisans)

8.1 Service fee / commission. SwankyBook charges Artisans a service fee — currently 8% of the deposit value of completed bookings, plus any base subscription fee then in effect (currently $0/month). Tips and the out-of-band balance are not included in the fee base. Rates may change on notice.

8.2 How it's billed. The service fee is separate from the deposits above: SwankyBook bills it to the Artisan monthly by charging a payment method the Artisan keeps on file with Stripe (our processor for our own fees). For this fee — and only this fee — SwankyBook is the merchant. The Artisan authorizes these recurring charges.

8.3 Non-payment. If a service-fee charge fails, we may retry it and may pause the Artisan's public listing until the balance is resolved; we restore the listing automatically once payment succeeds. We do not delete an Artisan's account for non-payment without notice.

9. Reviews and content

• Clients may review completed bookings. Reviews must be genuine, based on a real booking, and not abusive, deceptive, or unlawful.
• Reviews are public, but reviewer identity is shown anonymously (e.g. "A client"); we do not display a reviewer's phone or email in a review.
• You retain ownership of content you upload (profile text, portfolio images, reviews) but grant SwankyBook a worldwide, non-exclusive, royalty-free license to host, display, and distribute it to operate and promote the Platform. You represent that you have the rights to the content you upload.
• We may remove content that violates these Terms.

10. Private client notes

Notes an Artisan records about a Client (e.g. preferences, allergies) are private to that Artisan. They are not shown to the Client, to other users, or in reviews. Artisans must handle any sensitive information in these notes responsibly and in accordance with applicable law.

11. AI assistant features

The Platform offers optional AI assistant features that can answer questions and take actions on your account on your behalf (for example, searching, drafting changes, or initiating a booking or cancellation that you confirm).

• The assistant is automated and may produce inaccurate or incomplete results. You are responsible for reviewing anything important before relying on it. Actions that change or cancel a booking, change a price, or issue a refund are surfaced for your explicit confirmation.
• The assistant does not provide professional, financial, legal, or medical advice.
• To help you, the assistant may remember durable preferences you tell it. You can view and delete what it has remembered at any time. Do not share sensitive personal or health information with the assistant. See the Privacy Policy for how assistant conversations and memory are handled.

12. Acceptable use

You agree not to: violate any law; infringe others' rights; harass, threaten, or discriminate; post false, deceptive, or off-platform-circumvention content; scrape, probe, or overload the Platform; attempt to access accounts or data that are not yours; misuse the deposit or refund flows; or use the Platform to arrange anything illegal. Artisans may not list services they are not authorized to provide.

13. Suspension and termination

You may stop using the Platform at any time. We may suspend or terminate your access, remove content, or pause a listing if we reasonably believe you have violated these Terms or to protect the Platform or its users. Provisions that by their nature should survive termination (e.g. §§7–8, 14–17) survive.

14. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SWANKYBOOK DOES NOT WARRANT THE QUALITY, SAFETY, OR LEGALITY OF ANY ARTISAN, CLIENT, OR SERVICE, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SWANKYBOOK IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY ARTISAN OR CLIENT.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWANKYBOOK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. SWANKYBOOK'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF THE SERVICE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100. [Draft — cap amount and carve-outs to be confirmed in legal review.]

16. Indemnification

You agree to indemnify and hold harmless SwankyBook from claims, damages, and expenses (including reasonable legal fees) arising out of your use of the Platform, your content, your provision of or payment for services, or your violation of these Terms or of any law or third-party right.

17. Disputes and governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The state and federal courts located in Travis County, Texas have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Platform, and you consent to their jurisdiction and venue. [Draft — whether to instead require binding individual arbitration with a class-action waiver is to be decided in legal review.]

18. Changes to these Terms

We may update these Terms. If we make material changes we will provide reasonable notice (e.g. by email or in-product). Continued use after the effective date means you accept the updated Terms.

19. Contact

Questions about these Terms: support@swankybook.com — GradientD, 7114 Destiny Hills Drive, Austin, TX 78738.