Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MedSpa-AiEmployee ("we," "us," or "our") regarding your use of our artificial intelligence-powered call handling and appointment booking services.

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, you may not access our services.

2. Description of Services

MedSpa-AiEmployee provides AI-powered services specifically designed for medical spas and aesthetic clinics, including:

• AI Call Handling: Automated answering and processing of incoming phone calls
• Appointment Booking: Real-time scheduling and calendar management
• Lead Qualification: Intelligent screening and categorization of potential clients
• Follow-up Communications: Automated reminders, confirmations, and follow-up messages
• Integration Services: Connection with existing CRM, scheduling, and phone systems
• Analytics and Reporting: Performance metrics and business insights

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age
• Operate a legitimate medical spa or aesthetic clinic business
• Have the legal authority to enter into this agreement
• Comply with all applicable laws and regulations

3.2 Account Registration

You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our services only for legitimate medical spa and aesthetic clinic operations in compliance with applicable laws and regulations.

4.2 Prohibited Uses

You agree not to use our services to:

• Violate any local, state, federal, or international law or regulation
• Engage in any illegal or fraudulent activity
• Impersonate or misrepresent your affiliation with any person or entity
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Use our services for any business other than legitimate medical spa operations
• Transmit any harmful, offensive, or inappropriate content

5. AI Services and Limitations

5.1 AI Technology

Our services utilize artificial intelligence and machine learning technologies. While we strive for accuracy and reliability, you acknowledge that:

• AI responses may not always be perfect or appropriate
• The AI may occasionally misunderstand customer inquiries
• Human oversight and intervention may be necessary
• We continuously improve our AI but cannot guarantee 100% accuracy

5.2 Your Responsibilities

You are responsible for:

• Providing accurate information about your services and pricing
• Training and customizing the AI for your specific business needs
• Monitoring AI interactions and providing feedback
• Having backup procedures for critical business operations

6. HIPAA Compliance and Healthcare Data

6.1 Business Associate Agreement

When handling Protected Health Information (PHI), we act as your Business Associate under HIPAA. A separate Business Associate Agreement (BAA) will be executed as required by law.

6.2 Healthcare Data Handling

We implement appropriate administrative, physical, and technical safeguards to protect healthcare information in accordance with HIPAA requirements. You are responsible for ensuring that your use of our services complies with all applicable healthcare regulations.

6.3 Data Security

We maintain industry-standard security measures including encryption, access controls, and audit logging to protect sensitive healthcare information.

7. Pricing and Billing

7.1 Service Fees

Pricing for our services is set forth in your service agreement or as otherwise communicated to you. All fees are non-refundable unless otherwise specified.

7.2 Payment Terms

• Payment is due in advance based on your selected billing cycle
• Late payments may result in service suspension
• You are responsible for all taxes associated with your use of our services
• We may change our pricing with 30 days' written notice

7.3 Free Trial

If you sign up for a free trial, you may cancel at any time during the trial period. After the trial expires, you will be charged according to your selected plan unless you cancel before the trial ends.

8. Intellectual Property Rights

8.1 Our Intellectual Property

All rights, title, and interest in our services, including AI technology, software, algorithms, and related intellectual property, remain our exclusive property.

8.2 Your Content

You retain ownership of your business data and content. You grant us a limited license to use your data solely to provide our services to you.

8.3 Feedback

Any feedback, suggestions, or improvements you provide regarding our services may be used by us without any obligation to compensate you.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You consent to our collection and use of your information as described in the Privacy Policy.

10. Termination

10.1 Termination by You

You may terminate your account at any time by providing written notice. Upon termination, your access to our services will cease, but you remain liable for all charges incurred prior to termination.

10.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Breach these Terms
• Fail to pay fees when due
• Engage in prohibited activities
• Pose a security risk to our systems

10.3 Effect of Termination

Upon termination, we will provide you with access to export your data for a period of 30 days, after which your data may be permanently deleted.

11. Warranties and Disclaimers

11.1 Service Availability

While we strive for maximum uptime, we do not guarantee that our services will be available 100% of the time. We are not liable for service interruptions due to maintenance, technical issues, or circumstances beyond our control.

11.2 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEDSPA-AIEMPLOYEE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR OUR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless MedSpa-AiEmployee from and against any claims, damages, losses, and expenses arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third party's rights

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

14.2 Dispute Resolution Process

Before filing any legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

14.3 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and us regarding our services.

15.2 Amendments

We may modify these Terms at any time by posting the updated Terms on our website. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

15.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time.

16. Contact Information