Client Terms and Conditions

These Malaika Client Terms and Conditions (this “Agreement”) apply to your use, as a Malaika Client, of: (1) the Malaika website (the “Malaika Site”); (2) the request and matching engine made available through the Malaika Site and the Malaika-branded mobile application, through which your service request is shared with interested Malaika Providers (collectively, the “Malaika Booking Engine”), as described in Part I below; (3) any payment-related features made available to you through the Malaika App, as described in Part II below; and (4) any other features or services made available to Malaika Clients through the Malaika Site or Malaika App. Together, items (1) through (4) are the “Malaika Client Services.”

In this Agreement, “Malaika” and “we” mean KSG Pro, Corp., a Maryland corporation doing business as “Malaika,” and “Malaika Client” and “you” mean any person using the Malaika Client Services to receive hair braiding and related hairstyling services from independent professionals (“Malaika Providers”) through the Malaika Site and Malaika App.

Malaika may update or revise this Agreement from time to time. You agree to review this Agreement periodically. You are free to decide whether to accept a modified version, but accepting the modified Agreement is required to continue using the Malaika Client Services. If you do not agree to this Agreement or any modified version, your sole recourse is to stop using the Malaika Client Services, in which case you will no longer have access to the Malaika Client Services or your Malaika Client Account (as defined below). Except as Malaika otherwise states, any use of the Malaika Client Services is subject to the version of this Agreement in effect at the time of use.

By accessing or using the Malaika Client Services, or by clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are at least 18 years old and are not prohibited by law from accessing or using the Malaika Client Services.

Part I — Malaika Booking Engine

1) Malaika provides the Malaika Booking Engine to help Malaika Clients connect with Malaika Providers for hair braiding and related hairstyling services. When you submit a service request through the Malaika Site or Malaika App, Malaika makes your request available to Malaika Providers who match your stated service type, location, and timing. More than one Malaika Provider (currently, up to five (5)) may independently accept your request in order to view your contact and job details and respond to you. You are solely responsible for reviewing the Malaika Providers who respond and deciding, in your sole discretion, whether and which Provider to engage.

2) Malaika does not guarantee that any Malaika Provider will accept or respond to your request, that a Provider who responds will be available at your preferred time, or that your request will result in a completed appointment. Each Malaika Provider is free to determine, in their sole discretion, which requests to accept and the days, times, and locations at which they make themselves available on the Malaika Booking Engine.

Part II — Payment Terms

3) Malaika operates as a lead-matching platform. Malaika Providers pay Malaika a fee to receive and respond to a Malaika Client's service request (the “Lead Fee”), as described in the Malaika Provider Terms and Conditions. Payment for the hair braiding or related services you actually receive is a matter solely between you and the Malaika Provider you select. Malaika does not process, collect, guarantee, or hold that payment on either party's behalf, unless and until Malaika separately makes an optional in-app payment feature available and you affirmatively choose to use it.

4) You are responsible for agreeing directly with your selected Malaika Provider on the price, payment method (which may include cash, Zelle, CashApp, card, or another method the Provider accepts), and timing of payment for your service, before the appointment takes place.

Cancellation and No-Shows

Because Malaika does not process payment for the underlying service, Malaika does not charge Clients a cancellation fee. However, because a Malaika Provider pays a non-refundable Lead Fee to connect with you, we ask that you communicate promptly with your selected Provider if your plans change, and that you honor scheduled appointments. A pattern of repeated cancellations or no-shows may result in suspension of your Malaika Client Account, at Malaika's discretion.

Individual Malaika Providers may set their own deposit, cancellation, or no-show policies for appointments booked with them, which will be disclosed to you directly by the Provider before or at booking, and which are between you and that Provider.

6) To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that Malaika may use third-party vendors and service providers to process any payments made to Malaika (such as any optional platform fees), on its behalf.

Part III — General Terms

7) Malaika is committed to helping you safeguard your privacy online. Please review our Privacy Policy for details about how we collect, use, and disclose information in connection with the Malaika Client Services.

8) You are required to create a Malaika Client account (“Malaika Client Account”) to receive services from Malaika Providers. When registering, you must provide true, accurate, current, and complete information about yourself (“Malaika Client Registration Data”) and agree to promptly update it to keep it accurate. You are solely responsible for maintaining the confidentiality of your Malaika Client Account and, except as otherwise required by applicable law, for all use of your account, whether or not authorized by you. You agree to immediately notify Malaika of any unauthorized use of your account or any other breach of security related to your use of the Malaika Client Services.

9) The Malaika App may use GPS locator capabilities to identify your current location and to match you with nearby Malaika Providers. You expressly consent to receive SMS text messages from Malaika regarding the Malaika Client Services and as otherwise described in our Privacy Policy. Communication standards for the Malaika Client Services include, but are not limited to, SMS, GPS, and web-based browser technology. To use the Malaika App, you must maintain an active account with a mobile communications carrier.

10) Use of the Malaika Client Services requires internet access through your mobile device. You are responsible for all mobile carrier charges resulting from your use of the Malaika Client Services, including from any notifications sent by Malaika. Malaika does not guarantee that the Malaika Client Services will be compatible with all devices or supported by all mobile carriers.

11) Malaika reserves the right, in its sole discretion, to modify the Malaika Client Services and their pricing structure from time to time and without notice, including by removing, adding, or modifying portions of the Malaika Site and Malaika App. Malaika will have no liability to you for any such changes. If you object to a change, your sole recourse is to stop using the Malaika Client Services. Continued use following any change indicates your acknowledgment of, and satisfaction with, the Malaika Client Services as changed, including any revised pricing.

12) All text, graphics, video, data, and other content made available through the Malaika Client Services (collectively, “Malaika Content”) are protected by copyright, trademark, and other intellectual property laws, and are provided to you solely to support your permitted use of the Malaika Client Services. Malaika may modify the Malaika Content at any time in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Malaika Client Services or Malaika Content constitutes a material breach of this Agreement. Malaika retains all rights in the Malaika Client Services and Malaika Content, and no license, right, or interest in any Malaika trademark or any third-party trademark is granted under this Agreement.

13) Subject to this Agreement, Malaika grants you a non-exclusive, non-transferable, revocable license to use the Malaika App, in object code form only, on your compatible mobile devices, solely to support your permitted use of the Malaika Client Services.

Permitted Use and Referral Credits

14) The Malaika Client Services and Malaika Content are offered solely for your personal use as described in this Agreement; any other use is prohibited. Malaika reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, cancel bookings, or deny access to the Malaika Client Services. You agree not to (and not to allow any third party to): (i) use any robot, scraper, or other automated or manual means to access the Malaika Client Services or copy Malaika Content, except as expressly authorized; (ii) interfere or attempt to interfere with the functioning of the Malaika Client Services; (iii) use the Malaika Client Services or Malaika Content for any unlawful purpose; or (iv) publicly disseminate information about the performance of the Malaika Client Services. In addition, the following apply to Malaika's sign-up credit and referral programs: (v) you may not post any Malaika discount, credit, or referral code on any coupon, deal, or promotional website, and Malaika reserves the right to remove any such credit at any time, with you remaining responsible for the full payment due at the time of service; (vi) referral credits may be applied only in increments of one $5 credit per individual service booked, and you are responsible for the remaining balance due for that service; and (vii) the $10 sign-up credit and “refer-a-friend” credit are available to first-time Malaika Clients only, and Malaika reserves the right to remove credits at any time for any reason, including suspected abuse.

15) Malaika may suspend your ability to use all or part of the Malaika Client Services, or may terminate this Agreement, effective immediately, without notice or explanation, including if Malaika believes you have violated this Agreement. After any suspension or termination, you may or may not be permitted to use the Malaika Client Services again or re-establish a Malaika Client Account. Malaika will not be liable to you for any termination of this Agreement or its effects. You may stop using the Malaika Client Services at any time. You understand that terminating your Malaika Client Account may involve deletion of content stored in your account, for which Malaika will have no liability.

16) You represent and warrant that (i) all information you provide to Malaika is accurate and truthful, and (ii) no information you upload will infringe any third party's rights, including intellectual property or privacy rights. You will indemnify, hold harmless, and, at Malaika's request, defend Malaika and its representatives, agents, directors, officers, employees, and shareholders (collectively, the “Malaika Parties”) from and against all claims, injuries, damages, and liabilities (“Claims”) resulting from (i) your use of the Malaika Client Services, (ii) any Claim by a Malaika Provider against the Malaika Parties arising out of or relating to your acts or omissions as a Client receiving hair braiding or related services, or (iii) any breach or alleged breach by you of this Agreement.

Disclaimers and Limitation of Liability

17) To the maximum extent permitted by law, in no event shall the Malaika Parties be liable for any injuries, losses, claims, or direct damages, or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, arising out of or connected with (i) this Agreement, (ii) any use of the Malaika Client Services, (iii) any failure or delay in the Malaika Booking Engine, or (iv) a Malaika Provider's acts or omissions at a Client's residence or any other location, whether or not related to the Provider's performance of hair braiding or related services.

18) Malaika expressly disclaims all representations, warranties, conditions, and indemnities, express or implied, regarding the Malaika Client Services, including any representation or warranty as to information provided about Malaika Providers or the acts or omissions of Malaika Providers.

19) The quality of the hair braiding and related services is entirely the responsibility of the Malaika Provider who performs them. You understand that hairstyling services, including chemical, heat, and tension-based techniques used in some braiding styles, carry inherent risks (including, without limitation, scalp irritation, traction alopecia, or allergic reaction), and that your use of the Malaika Client Services and booking of a Malaika Provider is at your own risk.

20) You acknowledge that your reliance on information provided by Malaika or by any Malaika Provider is solely at your own risk, and you assume full responsibility for all associated risk, to the extent allowable by law.

21) Although Malaika requests identity and portfolio information from Malaika Providers, Malaika does not perform the services rendered by Malaika Providers and does not and cannot guarantee the accuracy or completeness of any such information, or that a particular Malaika Provider is adequately qualified or licensed to perform any given service.

22) The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights; however, the duration of any statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

23) You and Malaika understand and agree that the disclaimers, exclusions, and limitations in this Agreement are essential elements of this Agreement and represent a reasonable allocation of risk, and that Malaika would be unable to offer the Malaika Client Services to you except on these terms. This Agreement will survive and apply even if a limited remedy specified herein is found to have failed of its essential purpose.

Miscellaneous

24) If any provision of this Agreement is found invalid under applicable law, that provision (or portion thereof) shall be deemed omitted, and the remainder of this Agreement shall remain in full force and effect.

25) This Agreement, and the rights and obligations under it, may not be transferred, assigned, or delegated by you, but may be freely transferred, assigned, or delegated by Malaika.

26) A waiver of any provision of this Agreement, or a delay in enforcing any right under it, shall not be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.

Arbitration Agreement

27) Any and all controversies, disputes, demands, or claims between you and Malaika (including the interpretation and scope of this clause, and the arbitrability of any dispute) shall exclusively be settled through binding and confidential arbitration, subject to the Federal Arbitration Act. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where the arbitrator deems applicable, its Supplementary Procedures for Consumer-Related Disputes (collectively, the “Rules and Procedures”).

You are thus giving up your right to go to court to assert or defend your rights, except for matters filed in small claims court. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and subject to very limited review by a court.

You and Malaika must abide by the following rules:

• Any claims brought by you or Malaika must be brought in the party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
• The arbitrator may not consolidate more than one person's claims, may not preside over any form of class or representative proceeding, and may not award class-wide relief.
• If you demonstrate that arbitration costs would be prohibitive compared to litigation costs, Malaika will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive; Malaika also reserves the right, in its sole discretion, to assume responsibility for all arbitration costs.
• The arbitrator shall honor claims of privilege and privacy recognized at law.
• The arbitration shall be confidential; neither party may disclose its existence, content, or results, except as required by law or to enforce the arbitration award.
• The arbitrator may award any individual relief or remedy permitted by applicable law.
• Each side bears its own attorneys' fees and costs, unless a statute requires the prevailing party to be paid its fees and expenses, in which case the award shall be determined by that law.

Notwithstanding the foregoing, either you or Malaika may bring an individual action in small claims court. Claims of defamation, violation of the Computer Fraud and Abuse Act, or infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret are not subject to this arbitration agreement and shall be brought exclusively in the state or federal courts located in Prince George's County, Maryland. Either party may also seek emergency equitable relief in those courts to preserve the status quo pending arbitration, and each party submits to the exclusive personal jurisdiction of those courts for that purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of the class-action-waiver provisions above, if any part of this arbitration provision is found invalid, unenforceable, illegal, or in conflict with the Rules and Procedures, the balance of this arbitration provision shall remain in effect. However, if the class-action-waiver provisions are found invalid, unenforceable, or illegal, the entirety of this arbitration provision shall be null and void, and neither party shall be entitled to arbitration; in that case, any dispute shall be brought exclusively in the state or federal courts located in Prince George's County, Maryland.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit www.adr.org.

Governing Law

28) This Agreement is governed by and construed in accordance with the laws of the State of Maryland, consistent with the Federal Arbitration Act, without giving effect to any conflict-of-laws principles that would apply the law of another jurisdiction.