This document is a translation provided for information purposes only. The Romanian version is the sole legally binding version and prevails in the event of any discrepancy.
Article 1. Definitions and interpretation
(1) For the purposes of these Terms, the following terms and expressions have the meanings set out below:
- a) "KYRO": to complete: company name, with its registered office at to complete: registered office, registered with the Trade Register under no. to complete: trade register number, tax identification code (CUI) to complete: tax ID (CUI), the operator of the Platform;
- b) "the Platform": the Kyro App, Kyro Studio and the KYRO web app, together with the services associated with them;
- c) "the Kyro App": the mobile application intended for Clients;
- d) "Kyro Studio": the application intended for Salons and Team Members;
- e) "Client": a User who uses the Kyro App to search for and book Salon Services;
- f) "User": any natural person who accesses or uses the Platform;
- g) "Salon": the professional (legal person, authorised natural person, sole or family enterprise or other form of organisation authorised by law) that registers its establishment in Kyro Studio and provides Salon Services; the Salon is a business user within the meaning of Article 2(1) of the P2B Regulation;
- h) "Owner": the Team Member who registered the Salon in Kyro Studio or to whom that capacity has been transferred in accordance with Article 2(6), and who represents the Salon in its dealings with KYRO;
- i) "Team Member": a natural person added by the Salon in Kyro Studio with one of the roles Owner, Manager, Specialist, Booth Renter (Chiriaș) or Reception;
- j) "the Intermediation Service": the services provided by KYRO to the Salon through the Platform, described in Article 3; the Intermediation Service is an online intermediation service within the meaning of Article 2(2) of the P2B Regulation;
- k) "Salon Service": a beauty, personal care or barbering service provided by the Salon to the Client;
- l) "Booking": an appointment for a Salon Service, made by the Client through the Kyro App or recorded by the Salon in Kyro Studio;
- m) "Completed Visit": a Booking that the Salon has marked as completed in Kyro Studio;
- n) "Review": the assessment published by a Client about the Salon and, optionally, about a Specialist, after a Completed Visit;
- o) "Client Rating": the score from 1 to 5 and the comment that the Salon may give a Client after the date of a Booking, including one marked as a no-show;
- p) "Content": any information, text, image or other material published or transmitted through the Platform;
- q) "Subscription Plan": an offer by a Salon, or by a Specialist with the Salon's approval, consisting of a number of monthly sessions for a monthly price, contracted by the Client directly with the Salon;
- r) "the Kyro Studio Subscription": the monthly fee owed by the Salon to KYRO for the Intermediation Service, in accordance with Article 6;
- s) "Loyalty Programme": a programme through which the Salon, or a Specialist with the Salon's approval, awards Clients points for Completed Visits and rewards in exchange for those points;
- t) "the P2B Regulation": Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services;
- u) "the Data Processing Agreement": the Data processing agreement concluded between the Salon, as controller, and KYRO, as processor;
- v) "the Contract": these Terms, together with the Data Processing Agreement and the declaration of professional status provided for in Article 4(1);
- w) "working days": Monday to Friday, excluding public holidays in Romania;
- x) "Client Record": the record that the Salon keeps in Kyro Studio about a Client;
- y) "Specialist": a Team Member who actually provides the Salon Service and whom the Client may choose when making a Booking.
(2) The terms defined in paragraph (1) are written with an initial capital letter and have the same meaning in the singular and the plural. Article headings are for guidance only and do not affect the interpretation of the clauses. Enumerations introduced by the word "including" are illustrative, not exhaustive.
(3) References to a legal act refer to that act as in force on the date on which the clause is applied.
Article 2. The parties and the subject matter of the Contract
(1) These terms (the "Terms") govern the contractual relationship between KYRO and the Salon concerning the use of Kyro Studio and the listing of the Salon on the Platform. The Terms apply to the relationship between a provider of online intermediation services and its business users within the meaning of the P2B Regulation.
(2) The Contract is concluded on the date on which the Owner registers the Salon in Kyro Studio and, by ticking the boxes displayed for that purpose, accepts these Terms and the Data Processing Agreement on behalf of the Salon and makes the declaration of professional status provided for in Article 4(1).
(3) The Owner must be at least 18 years of age and act in the name and on behalf of a professional. By accepting the Terms, the Owner declares that they have the capacity and authority required to bind the Salon. Team Members must be at least 16 years of age.
(4) KYRO keeps a record of the version of the Terms accepted and of the date and time of acceptance, for the period laid down in the Privacy policy. Salons registered before this version takes effect accept it once, the first time they open Kyro Studio after it takes effect.
(5) The Terms are available in Romanian at any time, including before the Contract is concluded, at this address.
(6) The Owner may transfer, from Kyro Studio, the capacity of Owner to another active Team Member. The Owner is required to transfer that capacity only to a Team Member who is at least 18 years of age and who is authorised to represent the Salon. From the date of the transfer, the new Owner represents the Salon in its dealings with KYRO and the former Owner becomes a Team Member with the Manager role. The transfer does not affect the Contract, which continues between KYRO and the Salon.
Article 3. The Intermediation Service
(1) The Intermediation Service comprises:
- a) listing the Salon in the Kyro App and in the KYRO web app, by means of a Salon page that shows its services, prices, opening hours, team, photos, Reviews and location on the map;
- b) receiving online Bookings, with available time slots calculated from the Team Members' working hours, blocked time and the days on which the Salon is closed;
- c) the functions of Kyro Studio: the calendar; team management, including by named single-use invitations; Client Records (contact details, internal notes, colour formula, allergy notes, visit history); time off and closed days; notices to Clients about closures; income reports; Loyalty Programmes; Subscription Plans; Client Ratings; replies to Reviews;
- d) sending service messages to Clients: confirmations, reminders and notices about the days on which the Salon is closed.
(2) After registration, the Salon may use Kyro Studio immediately. The Salon is listed publicly in the Kyro App only after KYRO has checked the Salon's page and approved the listing. The check covers whether the business genuinely exists, whether the information is complete and whether the photos comply with Article 7. If it does not approve the listing, KYRO informs the Salon of the reason for the refusal and of the changes required.
(3) KYRO may improve, change or withdraw functions of the Platform. Changes that affect the Salon's rights or obligations are notified in accordance with Article 13.
(4) On the date of this version, the Salon is displayed exclusively in the KYRO apps and web app. If KYRO distributes Salons' offers through other channels or through partners, KYRO informs the Salon in advance, under the conditions of Article 13.
Article 4. Capacity of the parties
(1) The Salon is the provider of the Salon Services and the professional that concludes the contract for the Salon Service with the Client. On registration, the Salon declares that it acts as a professional providing the Salon Services, so that KYRO can inform Clients in accordance with Article 6^1 of Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals ("GEO no. 34/2014"). On the Booking confirmation screen, the Client is informed that the Salon Service is provided by the Salon and that KYRO acts as an intermediary for the Booking.
(2) KYRO acts exclusively as an intermediary. KYRO does not provide beauty services, does not set the Salon's prices and does not collect any money from Clients.
(3) The Salon is responsible for the quality and safety of the Salon Services, for honouring Bookings, for issuing tax documents to Clients (fiscal receipt, invoice) and for complying with the law applicable to its business, including consumer protection and health rules.
Article 5. Obligations of the Salon
The Salon has the following obligations:
- a) to publish accurate and up-to-date information about its name, address, services, prices (expressed in lei and, if the Salon is VAT-registered, including VAT), durations, opening hours and cancellation rules;
- b) to use only photos and texts created by the Salon or which it has the right to use; the Salon's photos must show the Salon and its real work, not stock images; taking Content from other platforms or from other businesses without the consent of the rights holders is prohibited;
- c) to honour confirmed Bookings or, if it cannot honour them, to inform the Client in good time, through the Platform;
- d) to set clear cancellation rules and to apply them exactly as they are shown to Clients;
- e) not to publish, buy or solicit fake Reviews and not to offer benefits in exchange for Reviews;
- f) to send through the notices function exclusively information about how the Salon operates, including the days on which the Salon is closed, and not promotional messages;
- g) to word Client Ratings in an exclusively factual and respectful manner, without data concerning health, private life or other special categories of personal data; each Client Rating is visible only to the Salon that gave it and to the Client concerned, who has the right to report it;
- h) not to publish, in replies, photos, descriptions or Client Ratings, Content prohibited under Article 10 of the Terms and conditions for clients; the same rules and the same automatic language filter also apply to Salons;
- i) not to record data concerning health in internal notes, Client Ratings or other free-text fields; allergies are recorded exclusively in the dedicated field, which requires the Client's consent;
- j) to fulfil its obligations as controller of personal data towards its Clients and to obtain the Client's explicit consent before recording allergies, confirming that consent by ticking the dedicated box in Kyro Studio, in accordance with the Data Processing Agreement;
- k) to add to the team only persons who actually work for the Salon and are at least 16 years of age, with the role that corresponds to their work, and to withdraw their access when that work ends; Team Members with the Specialist or Booth Renter role have access only to the Client Records of the Clients with whom they have at least one Booking, past or future;
- l) to keep its sign-in details confidential and to inform KYRO immediately if it suspects unauthorised access.
Article 6. Fees and invoicing
(1) Every new Salon benefits from a free trial period, which starts on the date of registration. A Salon registered while the launch offer lasts benefits from a trial period of 30 days, and a Salon registered after the launch offer ends benefits from a trial period of 14 days. The duration of the trial period applicable to the Salon is displayed in Kyro Studio.
(2) After the trial period expires, the Kyro Studio Subscription costs 20 EUR per month for one Salon, regardless of the number of Team Members. KYRO's VAT status: Not registered for VAT. The price displayed states expressly whether VAT is included or added.
(3) The Kyro Studio Subscription is paid on the web, through the payment link sent by KYRO by email, or by bank transfer against the invoice. Payment is under no circumstances made through the applications of the Platform.
(4) If the trial period expires without payment having been made, the Salon has an additional period of 3 days in which to pay. If payment is not received within that period either, the Kyro Studio Subscription becomes inactive, with the following effects:
- a) the Salon is no longer displayed in the Kyro App and no longer receives new online Bookings;
- b) Kyro Studio remains accessible exclusively for viewing and exporting data;
- c) Bookings made previously remain valid, and the Salon must honour them or inform the Clients;
- d) the Salon's data is kept and is deleted only after the Contract ends, in accordance with Article 14(3) and the Data Processing Agreement.
(5) After the first payment, the Kyro Studio Subscription is paid in advance, for successive periods of one month each. The first period begins on the date indicated in the payment link or in the invoice, and each subsequent period begins on the date on which the preceding period ends.
(6) If payment for a period after the first payment is not received by the date on which that period begins, the Salon has an additional period of 3 days in which to pay. If payment is not received by the end of that additional period, KYRO has the right to make the Kyro Studio Subscription inactive, with the effects laid down in paragraph (4)(a) to (d).
(7) When the amount due is paid, all functions are reactivated.
(8) Any change to the fees is communicated to the Salon by email and in Kyro Studio at least 15 calendar days before the date on which it takes effect. New fees do not apply retroactively. A Salon that does not agree with the new fees has the right to terminate the Contract, at no cost, before the date on which they take effect.
(9) Invoices are issued through the national RO e-Factura system, in accordance with tax law.
(10) KYRO does not charge any commission on payments made by Clients to the Salon.
Article 7. The Salon's Content and licence
(1) The Content published by the Salon (its name, logo, photos, descriptions, services, replies to Reviews) remains the property of the Salon.
(2) The Salon may upload only photos in which it holds the copyright or for which it has the author's permission. If an identifiable person, including a Client or a Team Member, appears in a photo, the Salon must hold that person's consent to publication.
(3) All Content published by the Salon, including its name, description, policies, photo captions, the names of services, Subscription Plans and rewards, replies to Reviews and the comments in Client Ratings, is subject to an automatic language filter, may be reported by any person and may be removed by KYRO if it breaches these Terms or the Terms and conditions for clients. In the event of removal, KYRO sends the Salon a statement of reasons.
(4) The Salon grants KYRO a non-exclusive, free-of-charge licence, valid for the duration of the Contract, to reproduce, technically adapt (including by resizing) and display the Salon's Content in the KYRO apps, in the KYRO web app and in materials that present the Salon on the Platform. The licence ends on the date on which the Contract ends. KYRO deletes the Content within a reasonable time after termination, except for Content included in archives that the law requires to be kept.
(5) The Salon warrants that it holds the rights required in its Content and that the Content does not infringe the rights of third parties. If it receives a well-founded complaint, KYRO may remove the Content concerned and informs the Salon of the reasons.
(6) The KYRO name, logo and apps remain the property of KYRO. The Salon acquires no right in them, other than the right to use the Intermediation Service under the conditions of the Contract.
Article 8. Reviews
(1) The public rules on Reviews are set out in Rules on reviews. In relation to the Salon, they apply as follows.
(2) Only a Client who has a Completed Visit made through the Platform may publish a Review, one for each Completed Visit.
(3) The Owner and the Manager may reply publicly to each Review. Any Team Member may report from Kyro Studio a Review that breaks the rules; KYRO examines the report within no more than 24 hours of receiving it.
(4) The Salon has no right to delete, hide or change Reviews. Reviews are moderated exclusively by KYRO, in accordance with the published rules, and KYRO sends the author a statement of reasons.
(5) The Salon's average rating, rounded to one decimal place, is the arithmetic mean of the scores in all Reviews that have not been removed by KYRO, each Review carrying equal weight.
(6) The Salon is prohibited from offering benefits, including discounts, loyalty points or free services, in exchange for Reviews.
Article 9. Ranking in results
(1) In accordance with Article 5 of the P2B Regulation, the main parameters that determine the order of Salons in results are:
- a) the distance from the Client's location;
- b) relevance to the text searched (the Salon's name, address, city and categories);
- c) the average rating from Reviews.
(2) The average rating and the distance are not combined into a single score. The order of results depends on the Client's choice (the default list, "Lângă mine" (Near me), a category or a search text). The full explanation is set out in Salon ranking criteria. To be displayed correctly, the Salon fills in its exact address and position on the map, its categories and clear service names, and turns on online Bookings.
(3) There is no paid placement, and the ranking cannot be influenced for payment. If KYRO offers paid promotion, it will be optional, promoted results will be visibly marked "Promovat" (Promoted), and the conditions will be published at least 15 calendar days before they apply.
(4) KYRO does not offer beauty services of its own, does not own any Salons of its own or affiliated Salons and does not apply any differentiated treatment between Salons.
(5) A Salon may be marked "verified" only after KYRO has confirmed, on the basis of documents, that the business is registered and that the person managing the Salon's page represents it. The mark is not a guarantee of quality and does not affect the order of results.
Article 10. Access to data
(1) In accordance with Article 9 of the P2B Regulation, the Salon's and KYRO's access to data is as follows:
| Category of data | The Salon's access | KYRO's access |
|---|---|---|
| The Salon's Bookings, Client Records, visit history | yes, according to each Team Member's role; Team Members with the Specialist or Booth Renter role have access only to the Client Records of the Clients with whom they have at least one Booking, past or future | yes, exclusively as processor, to operate the service, for support and for security |
| The Salon's Reviews and the replies to them | yes | yes |
| Income and reports | the Owner has access to the data of the whole Salon and of each Team Member; other Team Members have access only to their own income | yes, as processor |
| Client Ratings | only the Ratings given by that Salon, never those of other Salons | yes, as processor and for handling reports |
| Aggregated data on use of the Platform (including the number of Bookings per city) | no | yes, exclusively in aggregated form, to improve the service |
(2) KYRO does not sell or pass on the data of the Salon or of its Clients to third parties, except to the technical providers listed in the Data Processing Agreement and in the cases provided for by law.
(3) After the Contract ends, at the Salon's request made within no more than 30 days of the date of termination, KYRO sends the Salon by email an export of the Salon's data (Bookings, Clients, services) as CSV files, and subsequently deletes the data in accordance with the Data Processing Agreement.
(4) KYRO does not require the Salon to offer more favourable prices or conditions on the Platform than on other channels. The Salon is free to sell its services through other platforms or directly.
Article 11. Restriction, suspension and termination of the Contract by KYRO
(1) KYRO may restrict or suspend the Salon's listing or account only for objective reasons, namely:
- a) breach of these Terms;
- b) publication of misleading information;
- c) publication of illegal Content;
- d) publishing, buying or soliciting fake Reviews;
- e) a risk to the safety of Clients or of the Platform;
- f) a legal obligation.
(2) In the cases provided for in paragraph (1), KYRO sends the Salon, before or at the latest on the date on which the measure takes effect, a statement of reasons setting out the specific facts and circumstances and the ground in these Terms on which the measure is based.
(3) KYRO may terminate the Contract by giving at least 30 calendar days' notice, accompanied by a statement of reasons.
(4) By way of exception to paragraph (3), KYRO may terminate the Contract without notice only in the following cases, in accordance with Article 4(4) of the P2B Regulation:
- a) termination is required by law or by an authority;
- b) there is an imperative reason, including fraud or a danger to Clients;
- c) the Salon has repeatedly breached these Terms.
(5) In all cases, the Salon has the right to clarify the facts through the complaints procedure provided for in Article 12. If the measure proves unjustified, KYRO revokes it without delay.
Article 12. Complaints and mediation
(1) The Salon has the right to send KYRO, free of charge, at [email protected], any complaint concerning the Intermediation Service, a measure taken against the Salon or a technical problem. KYRO acknowledges receipt, examines the complaint and sends the Salon a written reply. KYRO uses reasonable efforts to reply within no more than 15 working days of receiving the complaint. The 15-working-day period concerns the final reply; KYRO acknowledges receipt within no more than 2 working days.
(2) If the complaint is not resolved, the parties may, by mutual agreement, have recourse to mediation by a mediator authorised in Romania, chosen by mutual agreement. KYRO takes part in mediation in good faith. The costs of mediation are borne in accordance with the law and the parties' agreement. Mediation does not prevent either party from bringing the matter before a court.
(3) KYRO qualifies as a micro or small enterprise within the meaning of the Annex to Commission Recommendation 2003/361/EC and, for that reason, the obligations to establish a formal internal complaint-handling system and to designate mediators in advance, provided for in Article 11(5) and Article 12(7) of the P2B Regulation, do not apply to it. KYRO nevertheless offers every Salon the procedure set out in this Article.
Article 13. Changes to the Terms
(1) KYRO notifies the Salon, by email and in Kyro Studio, of any proposed change to the Terms at least 15 calendar days before the date on which it takes effect. If the change requires the Salon to make significant technical or commercial adjustments, the notice period is longer, reasonable and proportionate to the nature and extent of the adjustments.
(2) The Salon has the right to terminate the Contract before the notice period expires, with immediate effect and at no cost.
(3) The Salon may waive the notice period by a written statement or by an unequivocal action taken after receiving the notification, including publishing a new service.
(4) KYRO may make changes without notice only where they are required by law or are necessary to address an unforeseen and imminent danger (fraud, malware, spam, security breaches).
(5) The Terms are not changed with retroactive effect.
Article 14. Duration of the Contract and termination by the Salon
(1) The Contract is concluded for an indefinite period.
(2) The Salon has the right to terminate the Contract at any time, without notice, by one of the following means:
- a) by the Owner permanently closing the Salon in Kyro Studio; in that case, future Bookings are cancelled, Clients receive a notification and the Salon is no longer displayed in the Kyro App;
- b) by email sent to [email protected]; in that case, KYRO permanently closes the Salon, with the effects laid down in point (a), within no more than 2 working days of receiving the email, and the Contract ends on the date on which the Salon is permanently closed.
(3) When the Contract ends, for whatever reason, the Salon is permanently closed, by the Owner or by KYRO, no later than on the date on which the Contract ends. The Owner may export the Salon's Clients, Bookings and services from Kyro Studio before the Salon is permanently closed. The Salon may ask KYRO, by email, for an export of the same data within no more than 30 days of the termination of the Contract. When 30 days have elapsed since the Contract ends, for whatever reason, KYRO deletes all of the Salon's data, including the photos and other files uploaded by the Salon, the Bookings, Client Records, Client Ratings, Loyalty Programmes and Subscription Plans, together with their record in the Clients' Accounts, in accordance with the Data Processing Agreement. Only data whose retention is required by law and the proof of acceptance of the Terms are kept, in accordance with the Privacy policy.
(4) The Kyro Studio Subscription ends on the date on which the Contract terminates. The price of a month already paid for is not refunded, except in the cases provided for by law.
(5) The obligations concerning data, provided for in Article 10 and in the Data Processing Agreement, continue to apply after the Contract ends.
Article 15. Liability
(1) Each party is liable for performing its own obligations. The Salon is liable towards Clients for the Salon Services. KYRO is liable for the operation of the Platform, in accordance with these Terms.
(2) KYRO uses reasonable efforts to keep the Platform continuously available, without guaranteeing the absence of any interruption. KYRO is not liable for loss of profit caused by temporary interruptions.
(3) KYRO's liability is limited to direct and foreseeable damage. The limitation does not apply to damage caused intentionally or through gross negligence, nor in cases where the law does not allow liability to be limited.
Article 16. Confidentiality
Each party must keep confidential the non-public business information received from the other party and use it exclusively for the purpose of performing the Contract.
Article 17. Governing law and competent court
The Contract is governed by Romanian law. Disputes that are not resolved amicably or through mediation are settled by the competent courts for the place of KYRO's registered office.
Article 18. Contact details
KYRO's contact details are the following:
- a) to complete: company name, to complete: registered office;
- b) email: [email protected];
- c) phone: to complete: phone.