By participating in the Massage Devine Loyalty Program, you acknowledge and agree that: (i) the Massage Devine website is hosted as a single tenant on the multi-tenant hosting platform Vagaro.com (the “Provider”); (ii) aside from certain settings provided by the Provider platform, Massage Devine has no direct control over specific operational aspects of the website; and (iii) you are bound by the Vagaro.com User Agreement (https://www.vagaro.com/pro/user-agreement), Vagaro.com Privacy Policy (https://www.vagaro.com/pro/privacy), and the Vagaro.com GDPR policy (https://www.vagaro.com/pro/general-data-protection-regulation).

Massage Devine does not store or control customer data collected through the Vagaro.com platform. All data processing and security measures are governed by the Vagaro Privacy Policy. Massage Devine shall not be held liable for any breaches, loss, or misuse of data resulting from Vagaro’s operations.

The MDeMakMak™ Loyalty Program (“MDeMakMak” or “Loyalty Program”) is a program offered by Massage Devine LLC (“Massage Devine” or “Massage Thai Devine”) to qualifying customers. To become a Qualifying Customer, you must enroll in an account on a Massage Devine website, either massagedevine.com or mysite.vagaro.com/massagedevine (collectively, the “Website”). All MDeMakMak™ Loyalty Program Points (“Points”) are offered by Massage Devine conditional upon your acceptance of and compliance with the following: (i) these terms and conditions (the “MDeMakMak™ Terms and Conditions” or “Terms and Conditions”) and (ii) enrollment in an account on the Website (“Massage Devine Account”).

BY ENROLLING IN A MASSAGE DEVINE ACCOUNT, YOU AUTOMATICALLY PARTICIPATE IN THE LOYALTY PROGRAM, AGREE TO BE BOUND BY AND ACCEPT THE MDEMAKMAK™ PROGRAM AGREEMENT, AND ACKNOWLEDGE THAT YOU HAVE READ THE MASSAGE DEVINE PRIVACY POLICY, AVAILABLE AT https://vagaro.com/pro/privacy.

MDeMakMak™ Points may be redeemed by Qualifying Customers for certain products, services, or other items that Massage Devine designates as eligible for redemption using Points (“Rewards and Benefits”). If you transfer, to the extent permitted by Massage Devine, any MDeMakMak™ Rewards and Benefits to another person who is not an MDeMakMak™ member, you must notify that person of the MDeMakMak™ Terms and Conditions. That person must first become a Qualifying Customer to use the Rewards and Benefits.

Massage Devine will provide at least 30 days’ notice of any material changes to the Loyalty Program or its termination, unless immediate changes are required by law or unforeseen circumstances. You are responsible for reading the MDeMakMak™ Loyalty Program Agreement (this agreement) and any additional materials published by Massage Devine that may impact your participation in the program. These materials may be posted on the Website or emailed to customers.

MDeMakMak™ Rewards and Benefits are intended solely for your personal benefit and use through your personal MDeMakMak™ account. They cannot be sold, advertised for sale, bartered, accessed, or used by anyone else, except as expressly permitted in the MDeMakMak™ Program Agreement. Violation of these terms and conditions may result in the loss of Points, Rewards and Benefits, and termination of your account.

Massage Devine offers the MDeMakMak™ Loyalty Program at its sole discretion and reserves the right to terminate the program, in whole or in part, or to amend the MDeMakMak™ Loyalty Program Agreement at any time, even if such changes affect the value of previously accumulated Points. The MDeMakMak™ Loyalty Program Agreement is subject to change without prior notice. Customers are encouraged to review the program updates and rule changes regularly.

MDeMakMak™ Points have no cash value, do not constitute property, and cannot be encumbered under any circumstances. Without limitation, Points cannot be negotiated, attached, pledged, mortgaged, or hypothecated. Points may not be divided or transferred as part of a domestic agreement, through legal proceedings, or upon death.

All rules and provisions of the MDeMakMak™ Loyalty Program are subject to interpretation and enforcement by designees of Massage Devine.

You can check your Point balance on the Website by logging in to your account. When viewing your profile there will be a menu option titled Points. Selecting this menu item will navigate you to a list of all Vagaro businesses that offer points for which you are participating. It will also display your point balance for Massage Devine. Selecting ‘Massage Devine’ on the list will take you to a point activity page. This page will show a list of recent Points added, collected, or deducted from your balance.

You may use Points to redeem Rewards and Benefits while making purchases on the Website or in person in the Massage Devine studio.

When making purchases on the Website, Points may be automatically applied to reduce the purchase price of certain items, either partially or in full. In certain cases, the automatic application of Points during checkout may result from Vagaro.com system capabilities that are beyond the control of Massage Devine. By completing the transaction, you agree to the use of Points applied toward the purchase.

When making purchases or paying for services in the Massage Devine salon, you may request to apply Points to reduce the purchase price. At the time of your request, you will be informed whether you have sufficient Points to cover the cost of the product or service and if the payment system permits the specific type of Points usage.

In all instances, Points cannot be used to pay Sales Tax.

MDeMakMak™ Points will remain valid and active provided that the following conditions are met: (i) You maintain an active Massage Devine Website account in good standing; (ii) The provider enabling the loyalty points functionality continues to support this feature; (iii) Your account has not been disabled due to prolonged inactivity; and (iv) Massage Devine has not modified or discontinued the MDeMakMak™ program.

By participating in the MDeMakMak™ Loyalty Program, you, as a Qualified Customer, acknowledge and agree that your rights are limited to those expressly stated in this agreement. Participation in the Loyalty Program does not grant you any additional rights or entitlements beyond those outlined herein. If you disagree with these terms and conditions, you must delete your account immediately, as the Loyalty Program operates through third-party software beyond the control of Massage Devine.

Massage Devine shall not be held liable for any delay or failure in providing Rewards and Benefits resulting from events beyond its reasonable control, including but not limited to platform outages, technical failures, natural disasters, or governmental actions.

In the event of any claims, penalties, or judgments arising from your participation in the Loyalty Program or related services, Massage Devine’s total liability will be strictly limited to the greater of $100 or the minimum amount permitted by applicable state law. By enrolling in the Loyalty Program, you expressly agree to this limitation of liability.

This agreement shall be governed exclusively by the laws of the State of Nevada. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and will not be affected or invalidated in any way.

Massage Devine reserves the right to investigate and take appropriate action, including the cancellation of Points, forfeiture of Rewards and Benefits, or termination of your account, in the event of suspected fraud, abuse, or violation of this agreement. Actions may include, but are not limited to, altering account activity, misuse of Points, or engaging in deceptive practices.

Any disputes arising from or related to this agreement or participation in the MDeMakMak™ Loyalty Program shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in the State of Nevada, and both parties agree to bear their own costs and expenses. This clause does not preclude either party from seeking relief in small claims court for disputes within that court's jurisdiction.