These Terms of Service ("Terms") govern access to and use of the Walspa mobile application and related services (the "Platform"), operated by Walspa ("Walspa," "we," "us," or "our"). By creating an account, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not create an account or use the Platform.
Walspa is a neutral online marketplace that connects nail salons ("Salons") that need to fill urgent shifts with independent nail technicians ("Techs") who are looking for shift work. Walspa does not provide nail services, does not employ Techs, does not manage or supervise the work performed, and is not a party to any agreement formed between a Salon and a Tech. Walspa is a technology platform only.
You must be at least 18 years old and able to form a binding contract to use the Platform. You agree to provide accurate registration information, including a valid phone number and email address, and to keep your account credentials confidential. You are responsible for all activity that occurs under your account. Techs represent that they hold any license required by their state or locality to perform nail services, where applicable, and are solely responsible for maintaining that license.
By providing your phone number and email address, you consent to receive account-related communications from Walspa — including email verification codes, service notices, shift and chat notifications, and updates to these Terms — by email, SMS, or push notification. Message and data rates from your mobile carrier may apply. You may disable non-essential push notifications at any time in your device settings; some account-security messages (such as a sign-up verification code) cannot be disabled and are required to use the Platform.
Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship between Walspa and any Salon or Tech, or between a Salon and a Tech. Techs who accept shifts through the Platform do so as independent contractors of the Salon (or, where applicable, as self-employed businesspeople contracting directly with the Salon) — never as employees, agents, or representatives of Walspa. Techs are solely responsible for: (a) determining how, when, and whether to accept or perform any shift; (b) their own tools, supplies, and techniques; (c) all applicable federal, state, and local taxes, including self-employment tax, arising from amounts earned through the Platform; and (d) any insurance, licensing, permitting, or bonding required by law to perform nail services in their jurisdiction. Walspa does not withhold taxes, does not provide workers’ compensation coverage, unemployment insurance, or any other employee benefit, and does not direct or control the manner or method of any Tech’s work.
Salons are solely responsible for the shifts they post, including the accuracy of the pay, location, timing, and skill requirements listed, and for complying with all labor, licensing, health, and safety laws applicable to their business and to any worker who performs a shift at their location, regardless of how that worker is classified. Salons agree not to use the Platform to solicit or offer employment in a manner that violates applicable law.
Techs agree to perform any shift they accept in a professional, safe, and lawful manner, to show up as agreed with the Salon, and to communicate promptly with the Salon regarding any change in availability. Techs are responsible for evaluating whether a posted shift is suitable for them before accepting it.
Salons and Techs are each solely responsible for complying with all health, sanitation, infection-control, and cosmetology or nail-technician licensing regulations that apply to nail services in their state or locality, including the rules of the applicable state cosmetology or nail board. Techs may upload a photo of their nail license, and Salons may upload a photo of their business license, for internal review by Walspa; if approved, the profile displays a "Verified" badge. That review is a manual, visual check of the uploaded photo and does not involve an independent lookup against any state licensing database, an in-person inspection of a Salon’s premises, or ongoing monitoring of whether a license remains current after approval. A Verified badge means Walspa reviewed a photo that appeared to be a valid license at the time it was submitted — it is not a guarantee, warranty, or certification of present licensure or health and safety compliance, and Salons and Techs remain solely responsible for confirming this directly with one another before a shift. Separately, once a shift is confirmed between a specific Salon and Tech, either party may voluntarily choose, on a shift-by-shift basis, to share their own uploaded license photo directly with that one confirmed counterparty inside the shift's in-app chat. This sharing is opt-in, requires an explicit confirmation step, is visible only to that specific counterparty for that shift, and can be turned off again at any time by the person who shared it. Walspa does not require this sharing, does not review or verify photos shared this way, and is not responsible for a recipient's further use of a photo shared with them.
Salons and Techs are each responsible for maintaining any insurance required by law or that they consider prudent for their business, including general liability, professional liability, and workers’ compensation or occupational accident coverage where applicable. Walspa does not provide or arrange insurance coverage for Salons, Techs, or any other person at a Salon’s premises. In-person nail services carry inherent risks, including injury, property damage, or exposure to illness. By posting or accepting a shift, Salons and Techs each assume those risks as between themselves; Walspa is not responsible for, and disclaims all liability for, any injury, loss, or damage occurring during or arising from a shift.
Walspa does not process, hold, or guarantee payment for any shift performed. Pay rates shown in the app (including any "average pay" reference figures) are informational only, are not set or guaranteed by Walspa, and do not constitute an offer, invoice, or binding wage agreement. Any amount owed for a completed shift is agreed to directly between the Salon and the Tech and is settled directly between them, by whatever lawful method they choose, entirely outside the Platform. Walspa is not a party to, and bears no responsibility for, that payment.
Walspa may charge Salons a subscription fee for posting shifts beyond the free monthly limit, and may offer optional paid features (such as "Boost") to increase a posting’s visibility. These fees are charged solely for use of the Platform’s posting and discovery tools and are separate and distinct from any amount a Salon pays a Tech for completed work. Techs are never charged a fee to use the Platform. Fees are non-refundable except as required by law or as Walspa expressly states at the time of purchase.
The Platform lets Salons and Techs rate and review one another after a shift, and lets Techs upload a profile photo, portfolio photos, and a photo of their nail license. Ratings and reviews must be honest and based on direct experience. You retain ownership of any photo or message you submit, but you grant Walspa a non-exclusive, worldwide, royalty-free license to host, store, and display that content within the Platform for the purpose of operating and improving the service. You represent that you own or have the right to upload any photo you submit, and that it does not infringe a third party’s rights. Walspa does not verify the accuracy of user-submitted ratings, reviews, profile information, or license photos, and disclaims responsibility for their content. Walspa may remove any content that violates these Terms.
With your device permission, the Platform collects your approximate location to show how far a posted shift is from you, let you sort shifts by distance, and alert you when a new shift matching your specialties appears nearby. With your device permission, the Platform also sends local notifications about account activity, such as new chat messages or a change in a shift’s status. You can withdraw location or notification permission at any time in your device settings; doing so may limit or disable these features. Walspa does not sell your location data to third parties.
You agree not to: misrepresent your identity, licensing, or qualifications; use the Platform to arrange or solicit unlawful conduct; harass, threaten, or discriminate against another user; circumvent the Platform to avoid applicable fees in bad faith; or interfere with the security or proper functioning of the Platform.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WALSPA DOES NOT GUARANTEE THAT ANY SHIFT WILL BE FILLED, THAT ANY TECH OR SALON WILL PERFORM AS EXPECTED, OR THAT PAYMENT WILL BE MADE OR RECEIVED. WALSPA DOES NOT CONDUCT BACKGROUND CHECKS OR VERIFY LICENSES UNLESS EXPRESSLY STATED OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WALSPA AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM: (A) ANY SHIFT, PAYMENT DISPUTE, OR INTERACTION BETWEEN A SALON AND A TECH; (B) ANY WORKER CLASSIFICATION CLAIM RELATING TO SERVICES ARRANGED THROUGH THE PLATFORM; OR (C) YOUR USE OF OR INABILITY TO USE THE PLATFORM. WALSPA’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID WALSPA IN THE 6 MONTHS BEFORE THE CLAIM AROSE, OR (II) $100.
You agree to indemnify and hold harmless Walspa from any claim, damage, liability, or expense (including reasonable attorneys’ fees) arising from: your breach of these Terms; your conduct in connection with a shift; any dispute between you and another user regarding pay, scheduling, or performance; or your violation of any law, including labor, health, safety, and licensing law.
You and Walspa agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by binding, individual arbitration, and not in court, except that either party may bring an individual claim in small claims court. YOU AND WALSPA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. Arbitration will be administered by a recognized arbitration provider under its rules then in effect. This section survives termination of your account. If any part of this arbitration agreement is found unenforceable, the remainder remains in effect, except that the class action waiver may not be severed from the requirement to arbitrate individual claims.
Walspa may suspend or terminate any account, at any time, for violation of these Terms or for conduct that Walspa believes creates risk or legal exposure for the Platform or its users. You may stop using the Platform and delete your account at any time.
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect (subject to Section 18’s non-severability rule for the class action waiver). These Terms, together with our Privacy Policy, are the entire agreement between you and Walspa regarding the Platform and supersede any prior agreements on the subject. Walspa’s failure to enforce any right or provision is not a waiver of that right. You may not assign your account or these Terms without Walspa’s written consent; Walspa may assign these Terms in connection with a merger, acquisition, or sale of assets. Walspa is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, internet or power outages, or government action. Notices to Walspa should be sent to the contact address in Section 23.
Walspa may update these Terms from time to time. Material changes will be reflected by an updated "last updated" date. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 18.
Questions about these Terms can be sent to support@walspa.com.