Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "Business Customer") and Aesthatech LLC, a New Jersey limited liability company, and its affiliates ("Aesthatech", "Company", "we", "us", or "our") governing your access to and use of our business management platform for independent beauty and wellness professionals, including our website, dashboard, APIs, and related services (collectively, the "Service").

Our collection and processing of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

1. Acceptance of Terms

• By creating an account, clicking "I agree," or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.
• You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.
• These Terms apply to all visitors, users, and others who access or use the Service, and govern all interactions between you and Aesthatech in connection with the Service.

2. Account Registration and Security

• You must register for an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration and to keep such information updated.
• You are solely responsible for maintaining the confidentiality of your account credentials (managed via Clerk) and for all activities that occur under your account, whether or not authorized by you.
• Accounts are personal to you and may not be shared, sold, transferred, or sublicensed to any other individual or entity without our prior written consent. Each individual user within your organization must maintain their own credentials where applicable.
• You must notify us immediately at support@aesthatech.com of any unauthorized use of your account or any other breach of security.
• We reserve the right to refuse registration, suspend, or terminate accounts that provide false, inaccurate, or misleading information, or that violate these Terms.

3. Description of Service

Aesthatech is a business management and client relationship platform designed for independent beauty and wellness professionals. The Service includes, without limitation, tools for client management, service and appointment tracking, scheduling, content planning, billing administration, and AI-powered "Smart Features" (Smart Actions, Smart Insights, and Content Planner).

• The Service is provided on a software-as-a-service (SaaS) basis and may be updated, modified, or enhanced from time to time at our discretion.
• Features and functionality may vary by subscription plan, and certain features may be introduced, modified, or discontinued at any time, with reasonable notice for material reductions in functionality where feasible.
• The Service is a business management tool only. It does not constitute medical, legal, financial, tax, or professional advice, and Aesthatech is not a licensed provider of beauty, wellness, health, or financial services.
• We do not guarantee that the Service will be uninterrupted, error-free, or completely secure, and functionality may be limited by your internet connection, device, or third-party service availability.

4. User Responsibilities

As a condition of using the Service, you agree to:

• Provide accurate information: ensure all registration, billing, and business information you provide is truthful, accurate, current, and complete, and to promptly update it as needed.
• Comply with applicable laws: use the Service in compliance with all applicable local, state, national, and international laws and regulations, including data protection, consumer protection, tax, and industry-specific regulations (e.g., cosmetology licensing requirements).
• Use the platform properly: not misuse, reverse-engineer, decompile, scrape, or interfere with the Service, its infrastructure, or other users' access to it.
• Protect account credentials: safeguard your login credentials and immediately report any suspected unauthorized access.
• Pay fees when due: timely pay all applicable subscription fees, taxes, and charges associated with your use of the Service, as described in Section 5.
• Comply with AML/KYC requirements: where the Service facilitates or is connected to payment processing, provide accurate identity and business verification information as required by our payment processors and applicable anti-money laundering (AML) and know-your-customer (KYC) regulations, and not use the Service to facilitate money laundering, terrorist financing, fraud, or other illegal financial activity.
• Not violate the intellectual property, privacy, or other legal rights of any third party, and not upload unlawful, defamatory, obscene, or infringing content.

5. Acceptable Use Policy

In addition to Section 4, you agree not to use the Service to:

• Violate any applicable law or regulation, including data protection or healthcare privacy laws (e.g., HIPAA), or store protected health information (PHI) in a manner that violates such laws unless you have separately secured appropriate compliance measures.
• Infringe upon the intellectual property, publicity, or privacy rights of others.
• Distribute malware, spam, unsolicited communications, or other harmful or disruptive content.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems and networks.
• Use the Service in any way that could damage, disable, overburden, or impair it, or interfere with any other party's use of the Service.
• Use the Service for any unlawful, fraudulent, deceptive, or unauthorized purpose, including violations of export control or anti-money laundering laws described in Sections 17 and 18.

6. Subscriptions and Fees

• Certain features require a paid subscription. Current pricing and plan details are displayed at checkout and within your account settings, and may change with at least 30 days' notice to existing subscribers.
• Payments are processed through Stripe, a PCI DSS-compliant third-party payment processor. By subscribing, you agree to Stripe's terms of service and authorize Aesthatech to charge your designated payment method for all applicable fees.
• Subscriptions automatically renew at the end of each billing cycle (monthly or annually, as selected) unless cancelled prior to the renewal date through your account settings.
• You are responsible for all applicable taxes (such as sales, use, VAT, or GST) associated with your subscription, except for taxes based on Aesthatech's net income.
• You may cancel your subscription at any time; cancellation will take effect at the end of the then-current billing cycle, and you will retain access through that period. No partial-period refunds will be issued except where required by applicable law.
• Refunds, credits, and billing disputes are handled at our sole discretion unless otherwise required by applicable consumer protection law. Failure to pay fees when due may result in suspension or termination of your account per Section 11.

7. Intellectual Property Rights

8. User Content

• "User Content" means any text, images, client information, or other materials you upload, input, or generate using the Service, including AI-generated content created through Smart Features.
• You represent and warrant that you own or have the necessary rights to all User Content you submit, and that such content does not infringe or violate the rights of any third party, including intellectual property, privacy, and publicity rights.
• You are solely responsible for reviewing and validating any AI-generated content before relying on it or distributing it, as such content is a suggestion only and does not constitute professional, legal, medical, or financial advice.
• We reserve the right, but have no obligation, to monitor, review, remove, or disable access to any User Content that violates these Terms or applicable law.
• If you believe content available through the Service infringes your copyright, please submit a notice to support@aesthatech.com in accordance with the Digital Millennium Copyright Act (DMCA), including: identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good-faith belief that use is unauthorized, and a statement of accuracy under penalty of perjury.

9. Third-Party Services and Integrations

• The Service integrates with, or allows you to connect, third-party services such as Clerk (authentication), Stripe (payments), Anthropic (AI processing), and optionally Square or other point-of-sale, scheduling, or booking platforms ("Third-Party Services").
• Your use of any Third-Party Service is governed by that provider's own terms of service and privacy policy, which you are solely responsible for reviewing and accepting. Aesthatech is not a party to your agreement with any Third-Party Service.
• You authorize us to exchange data with Third-Party Services you connect, strictly as necessary to provide the corresponding integration functionality, and you may revoke this authorization at any time by disconnecting the integration in your account settings.
• Aesthatech does not control and is not responsible for the availability, accuracy, content, security practices, or performance of any Third-Party Service. To the maximum extent permitted by law, Aesthatech disclaims all liability for any loss or damage arising from your use of, or inability to use, any Third-Party Service, including any outage, data breach, or termination of such service by its provider.
• We make no representation regarding, and assume no responsibility for, the continued availability of any specific third-party integration.

10. Privacy and Data Protection

Our collection, use, and protection of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. If you process personal information of your own clients ("End-Consumers") through the Service, you act as the data controller for such data, and Aesthatech acts as a data processor / service provider on your behalf, as further described in our Privacy Policy and, where applicable, a Data Processing Addendum ("DPA") referenced in Section 19.

11. Service Availability and Maintenance

• We aim to maintain high availability of the Service but do not guarantee uninterrupted, timely, secure, or error-free operation.
• We may perform scheduled or emergency maintenance that temporarily limits or suspends access to the Service, and will endeavor to provide advance notice of scheduled maintenance where practicable.
• We are not liable for any unavailability, delay, or failure of the Service caused by circumstances beyond our reasonable control, including third-party infrastructure outages, internet disruptions, or force majeure events as described in Section 21.

12. Suspension and Termination

• We may suspend or terminate your account, in whole or in part, immediately and without prior notice, if: (a) you breach these Terms; (b) you fail to pay applicable fees; (c) your use poses a security risk or legal liability to us or others; (d) required by law or a governmental request; or (e) we discontinue the Service.
• You may terminate your account at any time by using the account deletion feature or by contacting us at support@aesthatech.com.
• Upon termination, your right to access and use the Service ceases immediately. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions) will survive.
• Following termination, we will delete or anonymize Your Data within a commercially reasonable period, consistent with our data retention practices described in our Privacy Policy, except where retention is required by law.

13. Disclaimer of Warranties; Limitation of Liability

• THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AESTHATECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
• These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if a remedy fails its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you to the extent prohibited by applicable law.
• AI-generated outputs from Smart Features are provided for informational purposes only and are not a substitute for professional judgment. Aesthatech is not liable for any decisions made or actions taken in reliance on AI-generated content.

14. Indemnification

You agree to indemnify, defend, and hold harmless Aesthatech and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your breach of these Terms or any representation or warranty herein; (c) your violation of any applicable law or the rights of any third party, including your collection or processing of End-Consumer personal data without a valid legal basis; (d) Your Data or User Content; or (e) your connection to or use of any Third-Party Service.

15. Dispute Resolution; Binding Arbitration; Class Action Waiver

16. General Provisions

• Entire agreement: these Terms, together with our Privacy Policy and any applicable DPA or order form, constitute the entire agreement between you and Aesthatech regarding the Service, superseding any prior agreements.
• Severability: if any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• Amendments: we may modify these Terms at any time. We will provide at least 30 days' notice of material changes by posting the updated Terms and updating the "Last updated" date, or via email/in-app notice. Continued use after the effective date constitutes acceptance.
• Assignment: you may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Notices: we may provide notices to you via email, in-app notification, or by posting on the Service. You may provide notices to us at support@aesthatech.com.
• Relationship of parties: nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Aesthatech.

17. Compliance with Laws; Regulated Industries

You are solely responsible for complying with all laws and regulations applicable to your business, including but not limited to:

• Professional licensing requirements applicable to beauty and wellness services in your jurisdiction.
• Healthcare privacy laws (e.g., HIPAA) if you record health-adjacent client information, including obtaining any necessary consents or business associate agreements independently of Aesthatech, which does not act as a HIPAA business associate absent a separate written agreement.
• Financial services and payment card industry regulations applicable to your acceptance of payments through integrated processors.
• Consumer protection, advertising, and marketing laws applicable to communications you send using the Service.

18. Export Control

The Service may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions programs administered by the U.S. Treasury's Office of Foreign Assets Control (OFAC). You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree not to export, re-export, or transfer the Service in violation of any applicable export control or sanctions laws.

19. Anti-Money Laundering and Know-Your-Customer Compliance

Where the Service is used in connection with payment processing through integrated third-party providers (e.g., Stripe, Square), you agree to comply with all applicable anti-money laundering (AML), counter-terrorist financing (CTF), and know-your-customer (KYC) laws and regulations, including providing accurate business and identity verification information as required by such providers. You agree not to use the Service to facilitate money laundering, terrorist financing, or other illicit financial activity, and you acknowledge that our payment processors may independently suspend or terminate your access to payment features for non-compliance with their AML/KYC policies.

20. Data Processing Addendum

If you are subject to the GDPR, UK GDPR, or similar data protection laws with respect to personal data of your End-Consumers processed through the Service, you may request that Aesthatech enter into a Data Processing Addendum ("DPA") governing our processing of such data as your processor, including Standard Contractual Clauses for international transfers where applicable. To request our standard DPA, contact us at support@aesthatech.com. Upon execution, the DPA will be incorporated into and form part of these Terms.

21. Professional Services

From time to time, Aesthatech may offer optional professional services, such as onboarding assistance, data migration, or custom configuration ("Professional Services"). Professional Services, if any, will be governed by a separate statement of work or order form specifying scope, fees, timeline, and any applicable service level commitments, which will be incorporated into these Terms by reference. In the absence of a specific statement of work, no Professional Services or associated service level agreement (SLA) is offered under these Terms.

22. Force Majeure

Aesthatech shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, third-party service or infrastructure outages, or governmental action.

23. Contact

For questions about these Terms, contact us at support@aesthatech.com.