Terms of Service

1. Introduction

Med Spa AI operates a Software-as-a-Service (SaaS) platform that provides AI-powered marketing automation solutions for businesses, agencies, and GoHighLevel users. Our services include automated creation, monitoring, and optimization of paid advertising campaigns across multiple platforms including Facebook, Instagram, Google Ads, and other digital marketing channels.

This Terms of Service document ("Terms") governs your use of our AI marketing automation platform, tools, and related services. These Terms establish the legal framework for our business relationship and outline the rights, responsibilities, and obligations of both parties in connection with the use of our SaaS platform and agency services.

2. Acceptance of Terms

By accessing, using, or subscribing to Med Spa AI's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Your acceptance may be indicated by:

• Creating an account on our platform
• Making a payment for our services
• Using any of our AI marketing tools or features
• Connecting your advertising accounts to our platform

If you do not agree with any part of these Terms, you must discontinue use of our services immediately. Your continued use of our services after any modifications to these Terms constitutes your acceptance of such changes.

3. Service Description

3.1 Core AI Marketing Services

Med Spa AI provides the following services through our SaaS platform:

AI Campaign Automation:

• Automated creation, monitoring, and optimization of paid advertising campaigns
• Real-time data analysis and performance metric evaluation
• Intelligent campaign adjustments for optimal outcomes
• Multi-platform advertising management from a single dashboard

Creative and Content Generation:

• Unlimited contextual and personalized ad graphics generation
• AI avatar User-Generated Content (UGC) video creation
• One-click upload functionality to connected advertising accounts
• 1-click preset prompt library for marketing workflows

Platform Integration:

• Seamless integration with Facebook, Instagram, Google Ads, and other major advertising platforms
• GoHighLevel compatibility and optimization
• Multi-account management capabilities for agencies
• Automated website scanning for product and funnel setup

3.2 Performance Standards

3.3 Service Limitations

While our AI technology is advanced, please note:

• Campaign performance may vary based on market conditions, competition, and external factors
• AI recommendations should be reviewed and may require human oversight
• Platform integrations are subject to third-party API availability and terms
• Service availability is dependent on internet connectivity and platform maintenance
• Results are not guaranteed and depend on various factors including industry, market conditions, and client cooperation

4. Service Plans and Minimum Commitments

4.2 Automatic Renewal

Upon completion of the minimum commitment period, all agreements automatically renew on a month-to-month basis unless terminated in accordance with our cancellation policy. Pricing may be adjusted upon renewal with 30 days written notice.

5. Payment and Fees

5.1 Setup Fees

Setup fees are charged to cover:

• Initial account configuration and optimization
• Platform integration and testing
• Custom onboarding and training resources
• Technical support during initial setup period

Setup fees are due immediately upon service initiation and must be paid before access to the platform is granted.

5.2 Monthly Service Charges

5.3 Payment Terms

Billing Cycle: All service agreements operate with the following payment terms:

• Payment is due immediately upon invoice generation
• Late payments incur a penalty of 1.5% per month on overdue amounts
• A 10-day grace period is provided for payment processing
• Service suspension occurs automatically after the grace period
• Account reactivation requires payment of all outstanding fees plus reactivation fee
• Credit card must remain on file for all accounts

5.4 Usage Requirements

To maintain service eligibility, Client must:

• Maintain minimum monthly advertising spend of $1,000 across connected platforms
• Log into platform at least once per 30-day period
• Maintain active advertising account connections
• Respond to platform notifications within 5 business days

6. Cancellation Policy

6.1 Cancellation by Client

After Minimum Commitment Period: Client may cancel service by providing written notice via email at least 30 days prior to the next billing cycle.

Cancellation Process:

• Submit cancellation request via email to: [email protected]
• Include account information and requested effective cancellation date
• Complete account wind-down procedures as directed
• Settle all outstanding billing obligations
• Receive written confirmation of cancellation within 5 business days

6.2 Cancellation by Company

We reserve the right to cancel service agreements immediately under the following circumstances:

• Non-payment after the grace period expires
• Violation of platform terms or acceptable use policies
• Fraudulent or illegal use of our services
• Failure to maintain required advertising account integrations
• Breach of confidentiality obligations
• Violation of third-party platform terms of service
• Failure to meet minimum usage requirements

6.3 Effects of Cancellation

Upon cancellation:

• Platform access terminates at the end of the current billing period
• Active campaigns require manual management by Client
• Data export options available for 30 days post-cancellation
• No prorated refunds for partial month usage
• All outstanding fees become immediately due

7. Limitation of Liability

7.1 Liability Caps

7.2 Excluded Damages

• Lost profits, revenue, or business opportunities
• Indirect, incidental, special, or consequential damages
• Data loss not caused by our gross negligence
• Third-party advertising platform costs, fees, or policy violations
• Campaign performance variations or market conditions
• Damages arising from Client's misuse of the platform
• Third-party platform algorithm changes or restrictions

7.3 Client Indemnification

Client agrees to indemnify and hold Med Spa AI harmless from any claims, damages, or expenses arising from:

• Client's advertising content, creative materials, or marketing claims
• Violation of third-party platform terms of service
• Regulatory compliance failures in Client's industry
• Unauthorized use of the platform by Client's employees or agents
• Breach of these Terms by Client

8. Intellectual Property

8.1 Platform Ownership

All intellectual property rights in our platform, AI algorithms, and proprietary technology remain our exclusive property. Client receives only a limited license to use our services as specified in these Terms.

8.2 Client Content

Client retains ownership of their data and marketing materials. Client grants Med Spa AI a limited license to:

• Use Client materials for providing contracted services
• Include anonymized case studies and portfolio examples
• Display Client logo as a customer reference (with permission)

8.3 AI-Generated Content

Content generated by our AI tools becomes Client's property upon creation, subject to underlying AI model licensing terms.

9. Dispute Resolution

9.1 Informal Resolution

Before pursuing formal legal action, parties agree to attempt good faith resolution through direct communication for at least 30 days.

9.2 Mediation and Arbitration

If informal resolution fails, disputes will be resolved through:

1. Mandatory mediation in Gwinnett County, Georgia
2. If mediation fails, binding arbitration under American Arbitration Association rules
3. All proceedings conducted in Gwinnett County, Georgia

9.3 Attorney Fees

In any legal proceeding arising from breach of these Terms, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

10. Modifications to Terms

Med Spa AI reserves the right to modify these Terms with 30 days written notice via email to all active clients. Continued use of services after the effective date constitutes acceptance of updated Terms. Clients may cancel without penalty if they disagree with modifications.

11. Governing Law

These Terms are governed by Georgia state law, without regard to conflict of law principles. All legal proceedings must be brought within one (1) year after the cause of action accrues.

11.1 Class Action Waiver

Both parties waive the right to participate in class action lawsuits or collective proceedings related to these Terms or our services.

12. Additional Provisions

12.1 Force Majeure

Neither party will be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, or third-party platform outages.

12.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

12.3 Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between the parties.