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Terms & Conditions

Please read these terms carefully before using the HerDay application or any services provided by Excelsior The Company.

Last updated: 1 June 2025

Summary: These terms govern your use of HerDay and Excelsior services. By using the app you agree to these terms. If you disagree, please do not use our services. Questions? Email legal@excelsiorthecompany.com.

1. Who We Are

Excelsior The Company ("Excelsior", "we", "us", "our") is a technology company incorporated in India. We operate the HerDay mobile application ("App") and the website excelsiorthecompany.com ("Site"). Together, the App and Site are referred to as the "Platform".

Our registered address is in Tamil Nadu, India. For any legal notices, please write to us at legal@excelsiorthecompany.com.

2. Acceptance of Terms

By accessing or using the Platform, creating an account, or transacting through HerDay, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions and our Privacy Policy.

If you are using the Platform on behalf of a business or organisation, you represent that you have the authority to bind that entity to these terms.

You must be at least 18 years old to use the Platform.

3. The HerDay Platform

HerDay is a marketplace that connects independent beauty professionals ("Artists") with individuals seeking beauty services ("Clients"). Excelsior acts as a technology platform and is not itself a beauty service provider.

3.1 For Clients

  • You may browse Artist profiles, view portfolios, and request bookings.
  • You are responsible for providing accurate information about your requirements.
  • Payments are processed through our secure escrow system; funds are released to Artists only after service completion.
  • You agree not to circumvent the Platform to pay Artists directly after discovering them through HerDay.

3.2 For Artists

  • You may create a professional profile, list your services, set your pricing, and accept bookings.
  • You are an independent professional, not an employee or agent of Excelsior.
  • You are solely responsible for the quality and delivery of your services.
  • You must hold any licences or certifications required by applicable law to provide your services.
  • You must honour confirmed bookings. Repeated cancellations may result in account suspension.

4. Account Registration

To use most features of HerDay you must register an account. You agree to:

  • Provide accurate, complete, and current information during registration.
  • Keep your login credentials confidential and not share them with others.
  • Notify us immediately at support@excelsiorthecompany.com if you suspect unauthorised access to your account.
  • Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these terms.

5. Payments & Escrow

All payments on HerDay are processed through our integrated payment partner (currently Razorpay). By making a payment you also agree to Razorpay's terms of service.

  • Advance payment: An advance (typically 30%) is collected at the time of booking confirmation to secure the Artist's time.
  • Balance payment: The remaining balance is collected on or before the date of service.
  • Escrow release: Funds are released to the Artist after the Client confirms service completion, or automatically after a defined grace period.
  • Refunds: Refund eligibility depends on the cancellation policy set by the Artist. Excelsior's platform fee is non-refundable once a booking is confirmed.
  • Disputes: In the event of a dispute, Excelsior may hold funds in escrow until the matter is resolved. We will make a reasonable effort to mediate, but our decision is final.

6. AI Features

HerDay includes an AI Makeup Preview feature ("AI Mirror") that generates simulated images of makeup looks applied to your photo.

  • AI previews are for inspirational purposes only and may not accurately represent the final result of any service.
  • On-device previews are processed entirely on your device and are not uploaded to our servers.
  • Cloud-rendered previews (Studio Quality) require uploading images to our secure servers and consume from your daily render quota.
  • AI-generated images must not be used in a manner that is misleading, defamatory, or harmful.

7. User Conduct

You agree not to:

  • Post false, misleading, or fraudulent content — including fake reviews.
  • Harass, threaten, or abuse other users or Excelsior staff.
  • Attempt to reverse-engineer, scrape, or otherwise misuse the Platform.
  • Use the Platform for any unlawful purpose or in violation of any applicable law.
  • Upload content that infringes on the intellectual property rights of others.
  • Impersonate any person or entity.

Violations may result in immediate account termination and, where appropriate, legal action.

8. Intellectual Property

All content on the Platform — including the HerDay name, logo, design, software, and text — is owned by or licensed to Excelsior. You may not copy, reproduce, or distribute any part of the Platform without our prior written consent.

By uploading content (portfolio photos, profile images, reviews), you grant Excelsior a non-exclusive, royalty-free licence to display and use that content within the Platform for the purpose of operating the service. You retain ownership of your content.

9. Privacy

Our Privacy Policy explains how we collect, use, and protect your personal data. By using the Platform you consent to our data practices as described in the Privacy Policy. We do not sell your personal data to third parties.

For privacy-related enquiries write to: privacy@excelsiorthecompany.com.

10. Limitation of Liability

Excelsior provides the Platform on an "as is" and "as available" basis. To the maximum extent permitted by applicable law:

  • We make no warranties — express or implied — regarding the Platform's fitness for any particular purpose.
  • We are not liable for the actions, omissions, or service quality of any Artist or Client.
  • Our total liability to you for any claim arising from use of the Platform shall not exceed the amount you paid to Excelsior in the 3 months preceding the claim.
  • We are not liable for any indirect, incidental, or consequential damages.

11. Termination

You may delete your account at any time from the app settings. We reserve the right to suspend or terminate accounts that violate these terms, with or without notice.

On termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including payment obligations, intellectual property, and dispute resolution) will remain in effect.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via the app or by email. Continued use of the Platform after the effective date of updated Terms constitutes your acceptance of the new Terms.

13. Governing Law & Disputes

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Tamil Nadu, India.

Before initiating legal proceedings, you agree to attempt good-faith resolution by contacting us at legal@excelsiorthecompany.com.

14. Contact Us

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

© 2025 Excelsior The Company. These terms were last updated on 1 June 2025.