Terms of Service
Last updated: April 1, 2026
1. Scope
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Nick Dan Consulting LLC, doing business as MedSpas AI (“MedSpas AI,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the website located at medspas.ai (the “Site”) and all services, content, features, tools, and products offered through the Site (collectively, the “Services”).
BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITE OR SERVICES. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE IN SECTION 30 AND A CLASS ACTION WAIVER IN SECTION 32, WHICH AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
2. You
“You” refers to the individual accessing or using the Site or Services. If you are accessing or using the Site or Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and that entity.
3. Modifications to These Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the “Last updated” date at the top of this page. For material changes, we will endeavor to provide reasonable advance notice (such as by email or a prominent notice on our Site) before the changes take effect. Your continued use of the Site or Services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services immediately. It is your responsibility to review these Terms periodically.
4. Right to Modify or Discontinue Services
We reserve the right to modify, suspend, or discontinue any part of the Site or Services at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or Services.
5. Definitions
- “Content” means all text, images, graphics, videos, audio, data, software, code, designs, templates, frameworks, automations, reports, strategies, and other materials available on or through the Site or Services.
- “User Content” means any content, information, data, or materials that you submit, upload, post, or transmit through the Site or Services.
- “Services” means all consulting, AI implementation, strategy, education, software development, and other services provided by MedSpas AI, whether through the Site or otherwise.
- “Fees” means all charges, prices, and payments associated with the Services.
6. Eligibility
You must be at least 18 years of age to access or use the Site or Services. By using the Site or Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may not use the Site or Services.
7. Term
These Terms remain in effect for as long as you access or use the Site or Services. Sections that by their nature should survive termination will survive, including but not limited to: ownership and intellectual property, disclaimer of warranties, limitation of liability, indemnification, dispute resolution, and general provisions.
8. Additional Agreements
Certain Services may be subject to additional terms, agreements, or policies (“Additional Agreements”). If there is a conflict between these Terms and any Additional Agreement, the Additional Agreement will control with respect to the specific Service it covers. Your use of such Services constitutes your acceptance of the applicable Additional Agreement.
9. HIPAA and Protected Health Information
9.1 Applicability
This section applies when MedSpas AI processes Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations.
9.2 Client Responsibilities
Clients who are Covered Entities or Business Associates under HIPAA are responsible for ensuring their own compliance with all applicable HIPAA requirements, including the Privacy Rule, Security Rule, and Breach Notification Rule. Clients are responsible for obtaining any required patient authorizations before transmitting PHI to MedSpas AI.
9.3 Business Associate Agreement Requirement
MedSpas AI will not process PHI on behalf of any client until a Business Associate Agreement (“BAA”) is in place between both parties. The BAA governs the permitted uses and disclosures of PHI and supplements these Terms. In the event of a conflict between these Terms and the BAA regarding the handling of PHI, the BAA shall control.
9.4 MedSpas AI Obligations
When acting as a Business Associate, MedSpas AI will:
- Use and disclose PHI only as permitted or required by the BAA and applicable law.
- Implement appropriate administrative, physical, and technical safeguards to protect PHI, utilizing HIPAA-compliant infrastructure built on SOC 2 Type 2 certified platforms.
- Report any unauthorized use, disclosure, or security incident involving PHI to the client without unreasonable delay.
- Ensure that any sub-processors with access to PHI are bound by equivalent obligations through BAAs.
- Not use PHI for AI model training or any purpose beyond those specified in the BAA.
9.5 Breach Notification
In the event of a breach of unsecured PHI as defined under HIPAA, MedSpas AI will notify the affected client without unreasonable delay and no later than as required by applicable law. The notification will include the information required by the HIPAA Breach Notification Rule to the extent known. The client, as the Covered Entity, remains responsible for providing notification to affected individuals and the U.S. Department of Health and Human Services as required by HIPAA.
10. Third-Party Services
The Services may integrate with or rely on third-party platforms, tools, software, or services (“Third-Party Services”). Your use of any Third-Party Services is subject to the respective third party’s terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of any Third-Party Services. We do not endorse and shall not be liable for any damages arising from your use of Third-Party Services.
We use Calendly for appointment scheduling. Your use of Calendly through our Site is subject to Calendly’s Terms and Privacy Policy.
11. Your Account
If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account at any time for any reason.
12. Truthful Information
You agree to provide accurate, current, and complete information when using the Site or Services. You agree not to impersonate any person or entity or misrepresent your affiliation with any person or entity. Providing false or misleading information may result in immediate termination of your access to the Services.
13. Access to the Site
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes, subject to these Terms. This license does not include the right to: (a) resell or commercially exploit the Site or its Content; (b) collect or use any product listings, descriptions, or prices; (c) make derivative use of the Site or its Content; or (d) use any data mining, robots, or similar data gathering and extraction tools.
14. User Content
You retain ownership of any User Content you submit. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, distribute, and create derivative works of your User Content in connection with operating and improving the Services. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any law or infringe any third-party rights.
15. Site Content
All Content on the Site is provided for informational and educational purposes only. MedSpas AI is a consulting and AI implementation agency. The Content on this Site relates to business consulting, AI strategy, and technology implementation for Med Spas. The Content does not constitute medical advice, legal advice, tax advice, investment advice, or any other form of professional advice. You should consult qualified, licensed professionals for any specific professional guidance.
16. Restrictions
In connection with your use of the Site and Services, you agree that you will not:
- Use the Site or Services for any illegal purpose or in violation of any local, state, national, or international law.
- Violate or encourage others to violate any right of a third party, including intellectual property rights.
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, harassing, threatening, invasive of privacy, vulgar, obscene, or otherwise objectionable.
- Interfere with the security of the Site, or attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks.
- Use any robot, spider, scraper, or other automated means to access the Site without our express written permission.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or technology used in the Site or Services.
- Copy, reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, or exploit any Content without our prior written consent.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notice on any Content.
- Use the Site or Services to transmit viruses, malware, or other harmful code.
- Impersonate or misrepresent your identity or affiliation with any person or entity.
- Engage in any activity that interferes with or disrupts the Site or Services (or the servers and networks connected to the Site).
- Use the Site or Services in any manner that could damage, disable, overburden, or impair the Site.
- Resell, sublicense, or otherwise transfer access to the Services to any third party without our prior written consent.
- Use information obtained from the Site to contact, advertise to, solicit, or sell to any user without their consent.
17. Ownership and Intellectual Property
The Site and all Content, features, and functionality (including but not limited to all text, graphics, logos, icons, images, audio, video, software, code, designs, templates, frameworks, automations, systems, strategies, processes, and compilations) are the exclusive property of MedSpas AI or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The MedSpas AI name, MedSpas.AI, and all related names, logos, product and service names, designs, and slogans are trademarks of MedSpas AI or its affiliates. You may not use such marks without our prior written permission.
ALL MATERIALS, FRAMEWORKS, TEMPLATES, AUTOMATIONS, SYSTEMS, SOFTWARE CONFIGURATIONS, STRATEGIES, AND RESOURCES PROVIDED BY MEDSPAS AI OR DURING ENGAGEMENTS ARE PROPRIETARY AND PROTECTED UNDER U.S. COPYRIGHT LAW. REPRODUCTION, DISTRIBUTION, PUBLIC SHARING, REVERSE ENGINEERING, OR MODIFICATION WITHOUT WRITTEN PERMISSION IS STRICTLY PROHIBITED.
18. Feedback
If you provide us with any feedback, suggestions, ideas, improvements, or other input regarding the Site or Services (“Feedback”), you assign to us all rights in the Feedback. We are free to use, reproduce, disclose, and otherwise exploit the Feedback without restriction or compensation to you.
19. Fees and Payment
Certain Services require payment of Fees. All Fees are stated in U.S. dollars unless otherwise specified. You agree to pay all Fees associated with the Services you purchase.
EXCEPT WHERE REQUIRED BY LAW OR EXPRESSLY STATED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT, ALL FEES ARE NON-REFUNDABLE. WE DO NOT OFFER REFUNDS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH THE SERVICES, FAILURE TO USE THE SERVICES, CHANGE OF MIND, PARTIAL USE, EARLY TERMINATION, DELAY IN DELIVERY, SCOPE DISAGREEMENTS, SERVICES NOT YET RENDERED, OR ANY OTHER CIRCUMSTANCE WHATSOEVER. BY PURCHASING ANY SERVICE, YOU ACKNOWLEDGE AND AGREE THAT ALL SALES ARE FINAL.
Late payments may be subject to interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) plus all costs of collection, including reasonable attorneys’ fees. You are responsible for all applicable taxes, duties, and fees imposed by any governmental authority in connection with your purchase.
20. Termination
You may terminate your use of the Site and Services at any time by ceasing all use and, if applicable, providing written notice to legal@medspas.ai.
We may terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination: (a) your right to use the Site and Services will immediately cease; (b) all licenses granted to you will terminate; and (c) all Fees for the current billing period and any previously incurred but unpaid Fees shall become immediately due and payable in full. No portion of any previously paid Fees shall be refunded.
21. Suspension
We may suspend your access to all or part of the Services at any time, with or without cause, with or without notice. Reasons for suspension may include suspected violations of these Terms, suspicious activity, requests from law enforcement, extended periods of inactivity, or technical issues. We will not be liable for any suspension.
22. Links to Other Sites
The Site may contain links to third-party websites or services that are not owned or controlled by MedSpas AI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that MedSpas AI shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services.
23. Representations and Warranties
You represent and warrant that:
- You are at least 18 years of age and have the legal capacity to enter into these Terms.
- All information you provide is truthful, accurate, and complete.
- You will comply with all applicable laws and regulations in connection with your use of the Site and Services.
- Your use of the Site and Services will not violate any applicable law or regulation.
- You have the authority to bind any entity on whose behalf you are accepting these Terms.
24. Disclaimer of Results
MEDSPAS AI PROVIDES CONSULTING, STRATEGY, AI IMPLEMENTATION GUIDANCE, AND EDUCATIONAL RESOURCES TO SUPPORT MED SPA REVENUE GROWTH, MARKETING, OPERATIONS, AND AI AUTOMATION SYSTEMS. RESULTS ARE NOT TYPICAL AND VARY WIDELY. PAST OUTCOMES DO NOT PREDICT FUTURE RESULTS. SUCCESS DEPENDS ON YOUR OWN EFFORT, EXECUTION, STAFF ADOPTION, MARKET CONDITIONS, AND EXTERNAL CIRCUMSTANCES BEYOND OUR CONTROL.
ALL PROJECTIONS, EXAMPLES, CASE STUDIES, ESTIMATES, AND ILLUSTRATIVE METRICS ARE HYPOTHETICAL AND ARE NOT GUARANTEES OF FUTURE PERFORMANCE. DUE TO THE INDIVIDUALIZED NATURE OF MED SPA BUSINESSES, MEDSPAS AI DOES NOT GUARANTEE, TRACK, OR REPRESENT “TYPICAL” RESULTS. YOUR RESULTS MAY BE MORE OR LESS THAN ANY EXAMPLES PROVIDED.
YOU AGREE THAT MEDSPAS AI IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OUTCOME OF ANY SERVICES. ANY RESULTS REFERENCED ARE FOR ILLUSTRATION ONLY.
25. No Professional Advice
THE SITE AND SERVICES PROVIDE CONSULTING, BUSINESS STRATEGY, AND AI IMPLEMENTATION GUIDANCE ONLY. NOTHING ON THE SITE OR IN THE SERVICES CONSTITUTES MEDICAL ADVICE, LEGAL ADVICE, TAX ADVICE, ACCOUNTING ADVICE, INVESTMENT ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR CONSULTING QUALIFIED, LICENSED PROFESSIONALS FOR ANY MEDICAL, LEGAL, TAX, ACCOUNTING, OR INVESTMENT DECISIONS.
MedSpas AI does not practice medicine, law, accounting, or financial advising. We are not licensed medical professionals, attorneys, accountants, or investment advisors. Implementation of any strategies or recommendations is at your own risk and discretion.
MedSpas AI does not provide HIPAA compliance consulting, regulatory advisory services, compliance auditing, or legal guidance regarding healthcare privacy laws.
26. AI Systems and Automation
MedSpas AI provides consulting, strategy, and AI implementation services, including proprietary AI Employees (systems of AI agents and automations built for Med Spas). Artificial intelligence systems, AI Employees, automation tools, and machine learning models used in connection with our services may generate inaccurate or incomplete outputs.
Clients and users remain solely responsible for reviewing, supervising, and approving any business, marketing, scheduling, financial, operational, or patient-facing actions taken based on AI-generated outputs or automated workflows. MedSpas AI shall not be liable for any damages, regulatory violations, patient communications, or business outcomes resulting from reliance on AI-generated outputs or automated system actions.
Automated systems may execute actions such as sending communications, updating records, triggering workflows, routing leads, or scheduling appointments without manual intervention. Users are responsible for configuring operational policies and monitoring system activity. MedSpas AI shall not be responsible for unintended actions resulting from automation triggers, integration errors, data inaccuracies, or third-party platform behavior.
Certain services may rely on third-party AI providers, APIs, or software platforms. MedSpas AI does not control the training data, outputs, reliability, uptime, or availability of such systems. MedSpas AI is not responsible for inaccuracies, interruptions, outages, policy changes, pricing changes, or service disruptions caused by third-party technology providers.
27. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDSPAS AI DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, COMPATIBILITY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY RESULTS OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU WAIVE ANY AND ALL RIGHTS AND BENEFITS YOU MAY HAVE UNDER ANY SIMILAR PROVISION UNDER CALIFORNIA LAW.
28. Indemnification
You agree to defend, indemnify, and hold harmless MedSpas AI, Nick Dan Consulting LLC, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) your User Content; or (e) any claim that your use of the Services caused damage to a third party; or (f) your negligence, errors, or omissions. This indemnification obligation will survive the termination of these Terms and your use of the Services.
29. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDSPAS AI, NICK DAN CONSULTING LLC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MEDSPAS AI AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE THOUSAND DOLLARS ($1,000.00 USD); OR (B) THE TOTAL AMOUNT OF FEES PAID BY YOU TO MEDSPAS AI DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
30. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
30.1 Informal Resolution
Before initiating any arbitration or court proceeding, you agree to first contact us at legal@medspas.ai and attempt to resolve the dispute informally for at least thirty (30) days. If we are unable to resolve the dispute informally, the dispute shall be resolved exclusively through binding arbitration as set forth below.
30.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) in accordance with its Comprehensive Arbitration Rules and Procedures and, where applicable, its Consumer Arbitration Minimum Standards.
The arbitration shall be conducted by a single arbitrator in Shasta County, California, United States, or at another mutually agreed location. The arbitration shall be conducted in the English language. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and not by any state arbitration law. Each party shall bear its own costs and attorneys’ fees in connection with the arbitration. If JAMS is unavailable, the parties shall mutually agree on an alternative arbitration provider. If the parties cannot agree, arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
30.3 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.
Additionally, either party may bring an individual action in small claims court in Shasta County, California (or the county of your residence), if the claim qualifies for small claims court jurisdiction, provided the action remains individual and is not removed to arbitration.
31. Choice of Law, Jurisdiction, and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. To the extent that arbitration does not apply or is unenforceable, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Shasta County, California, and you waive any objection to the exercise of jurisdiction over you by such courts and any objection to venue in such courts.
32. Waivers of Collective Action and Jury Trial
YOU AND MEDSPAS AI AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST MEDSPAS AI. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND MEDSPAS AI EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If the class action waiver in this Section 32 is found to be unenforceable with respect to a particular claim, that claim (and only that claim) must be severed from the arbitration and may proceed in court, but the remainder of the arbitration agreement in Section 30 and all other provisions of these Terms shall remain in full force and effect.
33. Statute of Limitations
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES MUST BE FILED WITHIN TWO (2) YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF ANY COURT OR ARBITRATOR DETERMINES THAT THIS LIMITATIONS PERIOD IS UNENFORCEABLE, THE SHORTEST LIMITATIONS PERIOD PERMITTED BY APPLICABLE LAW SHALL APPLY. ANY CLAIM OR CAUSE OF ACTION NOT FILED WITHIN THE APPLICABLE LIMITATIONS PERIOD SHALL BE PERMANENTLY BARRED AND WAIVED.
34. Force Majeure
MedSpas AI shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, government actions, power failures, internet disruptions, cyberattacks, labor disputes, supply chain disruptions, or any other event beyond our reasonable control.
35. Privacy Policy
Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
36. Claims of Copyright Infringement (DMCA)
If you believe that any Content on the Site infringes your copyright, please send a written notification to our designated agent in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512(c)(3). Your notice must include:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material claimed to be infringing and its location on the Site.
- Your contact information (address, telephone number, email).
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Send DMCA notices to: legal@medspas.ai.
If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notification to legal@medspas.ai containing: (a) your physical or electronic signature; (b) identification of the material and its former location; (c) a statement under penalty of perjury that you believe the material was removed by mistake; and (d) your name, address, and telephone number, and a statement consenting to the jurisdiction of the federal court in Shasta County, California. We will process counter-notifications in accordance with the DMCA.
37. General Provisions
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
- Entire Agreement: These Terms, together with our Privacy Policy and any Additional Agreements, constitute the entire agreement between you and MedSpas AI regarding the Site and Services.
- Assignment: You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may freely assign these Terms without restriction.
- No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Independent Parties: Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and MedSpas AI. Neither party has the authority to bind the other.
- Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
- Electronic Agreement: You acknowledge that your electronic acceptance of these Terms (by accessing or using the Site) constitutes a binding agreement and satisfies any requirement for a written signature under applicable law, including the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and the California Uniform Electronic Transactions Act (UETA).
38. Notices
Any notice required or permitted under these Terms shall be in writing and shall be deemed given: (a) when delivered personally; (b) when sent by confirmed email; or (c) one business day after being sent by nationally recognized overnight courier to:
MedSpas AI
Attn: Legal
2205 Hilltop Dr #1014
Redding, California 96002
Email: legal@medspas.ai
Notices to you may be sent to the email address associated with your account or as otherwise provided by you.
39. Contact Us
If you have any questions about these Terms, please contact us:
- Online: medspas.ai/contact
- Email: legal@medspas.ai
MedSpas AI
Redding, California