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noshw

Terms & Conditions

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Please read these Terms and Conditions (“Terms”) carefully before using the noshw platform (the “Service”) operated by noshw (“we,” “us,” or “our”). By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part, do not use the Service.

1. Definitions

  • “Business Owner” means the individual or entity that registers an account on noshw to manage appointments.
  • “Client” means a customer of a Business Owner whose appointment is managed through noshw.
  • “No-Show Fee” means the charge applied to a Client’s payment method when they fail to attend a confirmed appointment.
  • “Platform” means the noshw web application and associated APIs.

2. Eligibility and Account Registration

You must be at least 18 years old and legally capable of entering contracts to use the Service. By registering, you represent that the information you provide is accurate and complete. You are responsible for maintaining the security of your account credentials.

3. Description of Service

noshw enables Business Owners to:

  • Create and manage client appointments.
  • Send SMS confirmation messages to clients.
  • Collect a payment card authorization (via Stripe Setup Intent) from clients as a no-show fee guarantee.
  • Charge the authorized payment method when a client does not attend a confirmed appointment.

noshw is a technology intermediary. We are not a party to the appointment agreement between Business Owners and their Clients.

4. Payment Processing and No-Show Fees

4.1 Stripe Integration

All payment processing is performed by Stripe, Inc. You agree to Stripe’s Terms of Service and Connected Account Agreement as applicable. noshw does not store raw card numbers.

4.2 Business Owner Responsibilities

Business Owners are solely responsible for:

  • Setting a lawful and disclosed no-show fee amount.
  • Informing Clients in advance that their card will be charged if they do not attend.
  • Complying with all applicable consumer protection, payment card network rules, and local laws governing no-show fee charges.
  • Accurately marking appointments as “no-show” only when justified.
  • Handling all Client refund disputes in good faith.

4.3 Chargebacks

Business Owners acknowledge that Clients may dispute charges with their card issuer. noshw will pass chargeback notifications to Business Owners via Stripe. Business Owners are responsible for responding to and resolving chargebacks. noshw is not liable for losses resulting from chargebacks.

4.4 Platform Fees

noshw charges a flat monthly subscription fee. Current pricing is disclosed at account registration and on the pricing page. We reserve the right to modify fee rates with 30 days’ notice.

5. SMS Messaging

By providing a Client’s phone number, you represent that the Client has consented to receive transactional SMS messages from or on behalf of your business. You must not use noshw to send unsolicited commercial messages. You are responsible for compliance with the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and any other applicable messaging regulations.

6. Prohibited Uses

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any regulations.
  • Charge no-show fees that are fraudulent, excessive, or not agreed to in advance by the Client.
  • Attempt to circumvent or reverse-engineer the platform’s security measures.
  • Use the platform to collect card data for purposes other than legitimate no-show fee guarantees.
  • Impersonate another person or entity.

7. Intellectual Property

The noshw platform, including its software, design, and branding, is owned by noshw and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. You may not copy, modify, distribute, or create derivative works from any part of the platform.

8. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for obtaining all necessary consents from your Clients before entering their data into noshw.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOSHW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL FEES PAID BY YOU TO NOSHW IN THE 3 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless noshw and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any third-party rights, or any dispute between you and a Client.

12. Termination

We may suspend or terminate your account at any time, with or without cause, with reasonable notice. You may close your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately. Sections 7, 9, 10, 11, and 13 survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by email or a prominent in-app notice at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us at: