Terms of Service

In these Terms, the following words have the meanings set out below:

• “Platform” means the Halaal Brows website, web application, iOS application, and Android application operated by Moby Designs (Pty) Ltd.
• “Company”, “we”, “us”, or “our” means Moby Designs (Pty) Ltd, incorporated in the Republic of South Africa.
• “User”, “you”, or “your” means any individual or entity that accesses or uses the Platform, including Artists, Clients, and Administrators.
• “Artist” means a beauty professional who registers on the Platform to offer brow and related beauty services.
• “Client” means a consumer who registers on the Platform to book appointments, access tools, or purchase products.
• “Content” means any text, images, videos, photographs, data, or other material uploaded, submitted, or otherwise made available through the Platform.
• “Services” means all features, tools, and functionality provided through the Platform.
• “Subscription” means a recurring paid plan that unlocks additional features on the Platform.
• “POPIA” means the Protection of Personal Information Act 4 of 2013 (South Africa).

By creating an account or using the Platform in any manner, you confirm that you have read, understood, and agree to these Terms of Service and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and the Company.

If you are using the Platform on behalf of an organisation, you warrant that you have the authority to bind that organisation to these Terms.

You must meet the following requirements to use the Platform:

• You must be at least 18 years of age.
• You must have the legal capacity to enter into a binding agreement.
• You must not be prohibited by applicable law from using the Platform or receiving the Services.
• You must not have had an account previously suspended or terminated by the Company for breach of these Terms.

The Platform is not intended for use by individuals under the age of 18. We do not knowingly collect personal information from minors. If you are aware that a minor has registered, please contact us immediately at info@halaalbrows.com.

To access most features of the Platform, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password and account credentials confidential and not share them with any third party.
• Notify us immediately at info@halaalbrows.com if you suspect unauthorised access to your account.
• Accept responsibility for all activity that occurs under your account.

The Company reserves the right to refuse registration, suspend, or terminate any account at its sole discretion, including where the information provided is inaccurate or incomplete.

Halaal Brows is a professional beauty platform designed for the halaal-conscious beauty market. The Platform provides, among other things:

• AI-powered brow measurement, symmetry analysis, and simulation tools using facial landmark detection technology.
• A booking and appointment management system for Artists and Clients.
• A client CRM and treatment history management system for Artists.
• A training academy offering video courses, examinations, and verifiable digital certificates.
• A halaal-certified product store with order management.
• A community feed for platform members.
• A salon finder tool enabling Clients to locate halaal-certified salons and Artists.
• Push notifications, reminders, and communication tools.
• Subscription-based access tiers with enhanced features.

The Company reserves the right to modify, suspend, or discontinue any feature of the Platform at any time, with or without notice.

You agree not to use the Platform to:

• Violate any applicable local, national, or international law or regulation, including POPIA, the Electronic Communications and Transactions Act, 2002 (ECT Act), and the Consumer Protection Act, 2008 (CPA).
• Upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, fraudulent, or otherwise objectionable.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Collect or harvest personal information of other Users without their express consent.
• Attempt to gain unauthorised access to any part of the Platform, its servers, or any connected systems.
• Introduce viruses, malicious code, or any technology that harms the Platform or its Users.
• Use automated tools, scrapers, or bots to access or interact with the Platform without prior written authorisation.
• Reverse engineer, decompile, or disassemble any software component of the Platform.
• Use the Platform for any commercial purpose other than those expressly permitted by these Terms.
• Upload content that infringes any third-party intellectual property right.

All content, software, trademarks, trade names, logos, and intellectual property on the Platform (excluding User-Generated Content) are the property of the Company or its licensors and are protected by applicable intellectual property laws.

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended personal or professional purposes. You may not reproduce, distribute, modify, create derivative works of, or exploit any Platform content without the Company’s prior written consent.

Digital certificates issued through the Platform training academy are issued to the named individual only and may not be transferred or shared as belonging to any other person.

By uploading, posting, or submitting Content to the Platform (including profile photos, treatment photos, community posts, and course reviews), you grant the Company a worldwide, royalty-free, non-exclusive licence to use, reproduce, adapt, publish, and display such Content for the purpose of operating and improving the Platform.

You represent and warrant that:

• You own or have the necessary rights to the Content you submit.
• The Content does not infringe any third-party intellectual property, privacy, or other rights.
• You have obtained the express written consent of any identifiable individual appearing in photographs or videos you upload.

The Company reserves the right to remove any Content that violates these Terms or that is otherwise objectionable, without prior notice.

The Platform provides AI-powered brow measurement, symmetry analysis, and simulation tools utilising facial landmark detection technology. These tools are provided strictly as assistive aids for professional and personal use.

You acknowledge and agree that:

• AI tool outputs are not medical advice and do not constitute a professional diagnosis or clinical recommendation.
• Facial analysis is performed locally on your device or in a secure processing environment. Images are not retained beyond the session without your explicit consent.
• The accuracy of AI tools is subject to environmental factors including lighting, device camera quality, and positioning.
• Artists remain solely responsible for all professional judgements and treatment decisions made using or informed by AI tool outputs.

The Platform integrates with third-party services including but not limited to Google (authentication and maps), Firebase, Mux (video delivery), payment gateways, and push notification services. Your use of these services is subject to the respective third-party terms and privacy policies.

The Company is not responsible for the content, availability, or practices of any third-party service. Links to third-party websites or services do not constitute endorsement by the Company.

The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Company does not warrant that the Platform will be uninterrupted, error-free, or free from viruses or other harmful components. The Company does not warrant the accuracy, completeness, or reliability of any Content on the Platform.

Nothing in these Terms excludes liability to the extent that it cannot be lawfully excluded under the Consumer Protection Act, 2008, or any other applicable South African legislation.

To the maximum extent permitted by applicable law, the Company, its directors, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Platform.

The Company’s total aggregate liability to you for any claim arising out of or relating to these Terms or the Platform shall not exceed the total amounts paid by you to the Company in the 12-month period immediately preceding the event giving rise to the claim, or ZAR 1,000.00, whichever is greater.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Platform.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your Content or any infringement of third-party rights caused by your Content.

You may close your account at any time by contacting us at info@halaalbrows.com or through your account settings. Upon account closure, your access to the Platform will cease and your personal data will be handled in accordance with our Privacy Policy.

The Company may suspend or terminate your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, all rights granted to you under these Terms shall immediately cease.

Provisions of these Terms that by their nature should survive termination shall so survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms shall first be referred to mediation. If the dispute cannot be resolved by mediation within 30 days, it shall be referred to arbitration in terms of the Arbitration Foundation of South Africa (AFSA) rules. The seat of arbitration shall be Johannesburg, South Africa. The language of arbitration shall be English.

Nothing in this clause prevents either party from seeking urgent or interim relief from a court of competent jurisdiction.

The Company reserves the right to amend these Terms at any time. Where changes are material, we will notify you by email or by a prominent notice on the Platform at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must discontinue use of the Platform and may close your account.

For any questions, concerns, or notices regarding these Terms, please contact us at: