Effective Date: March 18, 2026

1. Introduction and Acceptance

We are Aesthetix CRM LLC (“Company,” “we,” “us,” “our”), a limited liability company formed in South Carolina, United States. We operate the website at https://aesthetixcrm.com (the “Site”), the mobile application Aesthetix CRM (the “App”), and the CRM and marketing automation platform accessible through these interfaces (collectively, the “Services”).

These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you,” “Client”), and Aesthetix CRM LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Effective Date” of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Terms for your records.

You can contact us by phone at (833) 479-1777, email at support@aesthetixcrm.com, or by mail to 2541 N Pleasantburg Dr, Ste 338, Greenville, SC 29609, United States.

2. Platform Architecture and Infrastructure Providers

The Aesthetix CRM platform is built upon and dependent on third-party infrastructure providers, including:

GoHighLevel, LLC (“HighLevel”) — Core CRM application logic, workflow execution, opt-out processing, contact management, pipeline management, automation engines, and data storage (hosted on Google Cloud Platform);

Twilio, Inc. — Telephony, SMS/MMS messaging, voice services, and carrier-level opt-out processing;

DigitalOcean, LLC — Cloud hosting and infrastructure;

Vercel Inc. — Application hosting and deployment;

Supabase Inc. — Database and backend services;

(collectively, “Infrastructure Providers”).

Aesthetix CRM maintains Business Associate Agreements (BAAs) with each of its Infrastructure Providers, and HIPAA compliance mode is enabled across all customer sub-accounts on the HighLevel and Twilio platforms.

Aesthetix CRM configures, deploys, and supports the Platform but does not own, operate, or control the underlying systems, servers, APIs, processing logic, or infrastructure maintained by Infrastructure Providers. Aesthetix CRM’s obligations, representations, warranties, and liability under these Terms are strictly limited to Aesthetix CRM’s own acts and omissions in configuring, deploying, and supporting the Platform.

Aesthetix CRM expressly disclaims and shall have no liability whatsoever for: (i) any outage, downtime, service interruption, or performance issue caused by or originating from any Infrastructure Provider; (ii) any security incident, data breach, unauthorized access, or data loss originating from any Infrastructure Provider’s systems; (iii) any failure, malfunction, bug, defect, or error in any Infrastructure Provider’s software, APIs, or automated systems, including opt-out processing, message delivery, consent tracking, workflow execution, or data synchronization; (iv) any change, modification, deprecation, or discontinuation of any Infrastructure Provider’s features, APIs, functionality, or services; (v) any failure by an Infrastructure Provider to comply with applicable law; and (vi) any acts, omissions, negligence, or willful misconduct of any Infrastructure Provider.

Your sole remedy for any issue arising from Infrastructure Provider failures is to terminate your subscription without penalty.

3. Healthcare Use and Regulatory Compliance

The Services are designed for use by healthcare practices, including medical spas, plastic surgery centers, dermatology practices, and similar providers in the medical aesthetics industry. You may use the Services to manage patient communications, marketing campaigns, scheduling, and related business operations.

HIPAA. If you are a HIPAA Covered Entity or otherwise use the Services to create, receive, maintain, transmit, or process Protected Health Information (“PHI”), you must enter into a Business Associate Agreement (“BAA”) with Aesthetix CRM before using the Services to process PHI. Request your BAA at support@aesthetixcrm.com. Accounts without a signed BAA may have access to PHI-related features limited or suspended. For more information, visit https://aesthetixcrm.com/hipaa-compliance/.

TCPA and Telemarketing. You are solely and exclusively responsible for ensuring that your use of the Platform’s messaging and telecommunications features complies with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the Telephone Sales Rule (TSR), and all applicable federal, state, and local telemarketing and consumer protection laws. You are the initiator and sender of all communications through the Platform and bear sole responsibility for lawful use. See Section 19 for detailed TCPA provisions.

Data Privacy. You are responsible for complying with all applicable data privacy and protection laws, including HIPAA, CCPA/CPRA, state privacy laws, and (where applicable) GDPR. Our Data Processing Addendum at https://aesthetixcrm.com/dpa governs data processing activities. Our Privacy Policy at https://aesthetixcrm.com/privacy/ describes our data practices.

Shared Responsibility. Regulatory compliance is a shared responsibility. Aesthetix CRM provides the Platform and tools; you are responsible for configuring and using those tools in compliance with applicable law. Aesthetix CRM does not provide legal, compliance, or regulatory advice.

4. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except through approved APIs; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation; and (8) you will maintain appropriate administrative, technical, and organizational safeguards for your account, including MFA for administrative users and least-privilege permissioning for exports and mass messaging.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. Account Registration and Security

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5A. Credential Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account and user profiles, whether authorized or unauthorized, except to the extent caused by our breach of these Terms. You will not share passwords, one-time passcodes, or other authentication codes with any third party, including with anyone claiming to be Aesthetix CRM or a third-party service provider.

5B. External Email Security and MFA

Because account access and recovery may depend on your email account, you are responsible for securing the external email accounts used by your users, including enabling multi-factor authentication (MFA) for all users with administrative access or access to patient data, and promptly removing access for terminated personnel. You are responsible for reviewing email security settings such as forwarding rules, filters, connected applications, and recent login activity.

5C. User Permissions and Least Privilege

You are responsible for configuring and administering user roles and permissions within the Services. You will limit access to high-risk actions — including bulk imports, contact exports, bulk list management, and mass messaging (SMS and email campaigns) — to authorized personnel only. You are responsible for regularly reviewing access rights and promptly disabling accounts that are no longer needed.

5D. Security Notifications

You agree to promptly notify us at legal@aesthetixcrm.com if you suspect or become aware of unauthorized access to your account, compromised credentials, or suspicious activity.

5E. Protective Actions

We may suspend or restrict access to the Services or certain features (including exports or mass messaging) if we reasonably believe your account is compromised or is being used in a manner that poses a security risk.

6. Intellectual Property Rights

6A. Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

6B. Your Use of Our Services

Subject to your compliance with these Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to: (i) access the Services; and (ii) download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose. Except as set out in this section or elsewhere in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

6C. Snapshot Assets and Provider IP

All pre-built system configurations deployed to your account via our proprietary Snapshot technology (“Snapshot Assets”) are and shall remain our exclusive intellectual property. Snapshot Assets include, without limitation: workflows, automations, triggers, sequences, funnels, landing pages, forms, surveys, email and SMS templates, campaign structures, pipeline configurations, calendar booking configurations, membership site frameworks, and any other operational or strategic assets loaded from a Snapshot. Any configuration deployed from a Snapshot — whether or not subsequently modified by you — is a Snapshot Asset and Provider IP. Configurations independently built by you from scratch within the Platform (without use of or derivation from a Snapshot) are your property.

You shall not copy, reproduce, reverse-engineer, export, migrate, replicate, screenshot for purposes of replication, or otherwise appropriate any Snapshot Assets or Provider IP without our prior written consent. Unauthorized use, duplication, or migration of Provider IP constitutes a material breach and you shall be liable for all damages, including consequential damages, lost profits, and reasonable attorneys’ fees and costs incurred by us in enforcing our rights.

6D. Your Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

6E. Your Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution. By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section.

You are solely responsible for your Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law. We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions, to re-categorize any Contributions, and to pre-screen or delete any Contributions at any time without notice. We have no obligation to monitor your Contributions.

6F. Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided in Section 33. A copy of your notification will be sent to the person who posted or stored the material. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification.

7. Purchases and Payment

7A. Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. The submission of an order determines contract conclusion and creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page. Upon submission of the order, you will receive a receipt confirming that the order has been received. All notifications related to the purchasing process shall be sent to the email address provided by you for such purposes.

7B. Payment Methods

All payments are processed through PCI-compliant third-party payment processors, which may include Stripe, Authorize.net, and Nuvei (collectively, “Payment Processors”). Aesthetix CRM does not directly collect, store, or have access to your full credit card numbers, bank account numbers, or CVV security codes. Payment Processors tokenize your payment information and provide us only with a confirmation of successful payment, last four digits of the card, and card type. We accept Visa, Mastercard, American Express, and Discover. Additional payment methods (including Apple Pay, Google Pay, and Link) may be available depending on the Payment Processor used for a given transaction. All payments are in US dollars. Sales tax will be added as required. You agree to provide current, complete, and accurate payment information and to promptly update it as needed. Your use of any Payment Processor is subject to that Payment Processor’s own terms of service and privacy policy, which Aesthetix CRM does not control.

8. Subscriptions

Subscriptions begin at the time of payment and are activated upon the start of onboarding. All subscription fees are automatically charged monthly to the payment method on file. Aesthetix CRM does not support invoicing; all payments must go through credit card or debit card.

8A. Automatic Renewal

Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance notice, outlining the procedure to be followed in order to cancel the automatic renewal.

8B. Failed Payment

If your payment fails for any reason, your service will be immediately paused. You will be notified via the billing email and billing SMS phone number with a link to update your payment method and pay the invoice. Integrated technologies like forms, chat widget, and phone numbers may not work as expected while the account is paused.

8C. Cancellation (Month-to-Month Subscriptions)

Recurring month-to-month subscriptions may be terminated at any time by submitting the official cancellation form at https://aesthetixcrm.com/cancel. If the notice of termination is received before the subscription renews, the termination takes effect at the end of the current paid period. Example: Your subscription renews on the 20th of the month; you submit your cancellation request on the 23rd; your subscription will cancel on the 20th of the following month.

Requests for cancellation submitted via SMS, email, or phone will not be honored. All cancellations must be initiated by the customer submitting the form through https://aesthetixcrm.com/cancel. Should you have any questions or be dissatisfied with our services, please contact us at team@aesthetixcrm.com.

8D. Fee Changes

We may change subscription fees from time to time and will provide at least thirty (30) days advance written notice. You may terminate without penalty if you do not accept the price increase.

8E. Annual Subscription Terms

The following terms apply to customers who elect an annual subscription as specified in their Agreement or Statement of Work. Annual subscription terms supersede the general month-to-month cancellation provisions in Section 8C for the duration of the annual term.

Contract Term and Payment Obligation

Annual subscriptions are twelve (12) month commitments beginning on the date of first payment, billed in monthly installments. The entire annual subscription fee is due and payable regardless of actual usage. Early termination does not relieve you of the obligation to pay the remaining monthly installments through the end of the annual term.

Automatic Renewal

Annual subscriptions automatically renew for successive one-year terms unless either party provides written notice of non-renewal at least sixty (60) days before the current term expires. Non-renewal notice must be submitted via the official cancellation form at https://aesthetixcrm.com/cancel. Notice received less than 60 days before expiration will result in automatic renewal for another full year. Renewal rates are subject to adjustment with 90 days notice.

Price Protection

Your subscription rate is locked for the initial 12-month term. Price increases, if any, will only apply at renewal and will not exceed 10% annually without 90 days advance notice.

Early Termination

If you request immediate service termination before the 12-month term expires: (i) service will be discontinued within 30 days; (ii) you remain obligated for all remaining monthly payments; or (iii) alternatively, you may pay 50% of the remaining contract value for immediate release from future payment obligations.

Transition Period

Upon non-renewal, you will have ninety (90) days post-termination to export data per Section 15. After the export period, all data will be permanently deleted per our standard data retention policy.

Service Suspension

Aesthetix CRM may suspend services for: payment default exceeding 10 days, material breach of terms, or excessive API usage or abuse. Suspension does not relieve payment obligations for the full annual term. Failed payments may result in acceleration of the full remaining annual balance becoming immediately due.

8F. Multi-Location Account Terms

The following terms apply to customers on multi-location subscription plans. Multi-location terms supplement the general subscription terms above.

Location Definition

A “location” is defined as a distinct physical business address where patient services are performed. Virtual locations, administrative offices without patient services, or duplicate entries for the same physical address are prohibited and may result in account suspension.

Multi-Location Subscription Tiers

Multi-location plans are tiered based on the number of active physical locations. Current tier pricing is available at https://aesthetixcrm.com/pricing. Each tier includes comprehensive CRM functionality for the specified number of active locations.

Additional Location Onboarding

Each additional location added to an existing multi-location account requires a one-time Additional Location Onboarding Fee of $450. This fee covers location-specific workflow configuration and testing, custom field setup, custom values configuration, EMR integration setup (if applicable), location-specific automation testing, and dashboard/reporting configuration. Implementation typically requires 5-7 business days. Rush implementation may be available for an additional fee of $250 per location, subject to availability.

Automatic Plan Upgrades

When you add locations that exceed your current plan tier: (i) the account automatically migrates to the appropriate higher tier; (ii) the monthly subscription immediately adjusts to the new tier pricing, prorated for the current billing period; and (iii) the $450 Additional Location Onboarding Fee per new location is charged to the payment method on file.

Location Deactivation and Downgrades

Deactivating locations does not automatically downgrade plans or reduce monthly payment obligations. Configuration data for deactivated locations is retained for 90 days, after which a reactivation fee of $150 applies. Voluntary plan downgrades require 30 days advance written notice to support@aesthetixcrm.com, take effect at the next billing cycle (or at renewal for annual subscribers), and no refunds or credits are issued for mid-cycle downgrades. For annual subscribers, tier downgrades are only available at renewal with 60 days advance notice and cannot be processed during the current term.

Location Transfers

Moving a location between accounts requires full re-onboarding ($450 fee). Location data and configurations cannot be exported or transferred to non-Aesthetix CRM systems (except Client Data as defined in Section 15).

Audit Rights

Aesthetix CRM reserves the right to audit location counts upon reasonable written notice. If discrepancies are discovered, Aesthetix CRM may adjust billing retroactively for a lookback period not to exceed twelve (12) months. Aesthetix CRM shall not suspend or terminate Services during the pendency of any good faith dispute regarding audit findings.

Multi-Location Annual Commitment

For annual subscribers on multi-location plans: (i) the tier commitment is for 12 months regardless of location closures, consolidations, or changes in business operations; (ii) temporary location closures do not reduce payment obligations; (iii) seasonal locations that operate only part of the year count toward the tier minimum year-round; and (iv) location consolidations, mergers, or closures do not permit tier downgrades until the renewal period.

9. Messaging and Technology Credits

Each subscription plan includes a specified monthly allotment of messaging and technology credits (collectively, “Credits”). Monthly credits do not rollover and are renewed on the subscription billing date each month. Additional purchased credits rollover indefinitely until used. You may set the interval and amount for automatic credit purchases through the platform settings. If your payment method fails, Services dependent on credits (including SMS, email, phone, and API requests) may be suspended until payment is processed. It is important to whitelist Aesthetix CRM charges with your bank or credit card provider.

9A. Complimentary Credit Allotments

Complimentary monthly credit allotments by plan tier:

9B. Additional Credits and Pricing

Complete credit pricing including SMS, MMS, email, phone, and API rates is available at https://aesthetixcrm.com/technology-messaging-credits/. All charges are exclusive of applicable taxes or surcharges. Usage fees are billed as usage occurs and are subject to change with prior notice. SMS and MMS pricing does not include carrier fees. All overages are charged immediately with credit recharges throughout the month.

9C. A2P Registration and Carrier Fees

A2P-10DLC compliance is required for all commercial messaging. Aesthetix CRM utilizes Twilio to register businesses. Registration fees include: Campaign Vetting Registration Fee ($15 one-time), US A2P Low Volume Standard Brand Registration Fee ($4 one-time), US A2P Standard Brand Registration Fee ($44 one-time, required for customers sending more than 5,000 SMS per day). Monthly campaign registration fees: Low Volume Mixed Use ($1.50/month), Standard ($10/month, required for high-volume senders). Carrier fees are set by carriers and apply to all A2P registered traffic. Current carrier fee schedules are available at https://support.twilio.com/hc/en-us/articles/1260803965530.

9D. Failed Credit Recharge Payments

If your payment fails for credit recharges, all credit-based services will be paused and fail including SMS, phone calls, webhooks, etc. You will be notified via the billing email and SMS phone number with a link to update your billing information. You should recharge your credits immediately to avoid any disruption in service.

10. Refund Policy

All payments made to Aesthetix CRM for software licenses, subscriptions, services, and related products are non-refundable. By completing a purchase, you acknowledge and agree that Aesthetix CRM will not provide refunds, including but not limited to dissatisfaction with the software, change in business needs, or termination of your account. The sole exception is that in the event of our material breach that remains uncured for thirty (30) days after written notice from you, you shall be entitled to a pro-rata refund of prepaid subscription fees for the unused portion of the then-current billing period. Onboarding fees shall be refundable on a pro-rata basis only if we fail to complete onboarding within specified timeframes due solely to our fault or delay. This refund policy applies to all payment types including one-time purchases, recurring subscriptions, implementation fees, and customization services. We reserve the right to make exceptions at our sole discretion, but such exceptions shall not establish a precedent or modify this clause for future transactions.

No refunds will be provided for: unused portions of monthly payments, early termination, service dissatisfaction, or change in business circumstances.

11. Onboarding

All new accounts require onboarding with a fee starting at $1,500. Multi-location businesses will require additional custom onboarding fees. The onboarding fee is non-refundable once implementation begins. The onboarding process typically takes 60 days or less, dependent on your ability to complete tasks and attend meetings in a timely manner. Onboarding extending beyond the 60-day window due to client delays may be subject to additional fees. Detailed onboarding scope, including included and excluded setup items, is available at https://aesthetixcrm.com/essentials-onboarding/.

11A. Contact Import Responsibility

You are solely responsible for the accuracy, legitimacy, and legality of all contacts provided for import. You represent and warrant that you have obtained all necessary permissions, consents, and authorizations required, including compliance with TCPA and HIPAA. You are solely responsible for ensuring all imported contacts have valid consent and that any previous opt-outs, unsubscribes, or consent withdrawals are properly documented and reflected in the imported data. Aesthetix CRM assumes no responsibility for the consent status of contacts that existed prior to import and shall not be liable for consequences arising from unauthorized, stolen, fake, or purchased contact lists. In the event of a HIPAA breach or any other data privacy violation stemming from imported contacts, you agree to indemnify and hold harmless Aesthetix CRM from any claims, damages, fines, or penalties.

12. EMR Integration Terms

Third-Party EMR Fees: You acknowledge and agree that Aesthetix CRM is not responsible for any fees, charges, or costs associated with your Electronic Medical Record (EMR) APIs or integrations. All such fees shall be your sole responsibility.

Third-Party Connector Fees: Aesthetix CRM shall not be responsible for any fees, costs, or charges associated with third-party connector tools (including but not limited to Keragon, Zapier, or similar services) used to facilitate EMR integrations. You are solely responsible for all such fees. Third-Party Connector based integrations require additional setup fees.

Post-Onboarding EMR Setup: If you add a new EMR requiring integration after the initial 60-day onboarding window, a one-time EMR setup or migration fee of $750 will apply.

Custom Integration Timelines: While Aesthetix CRM will make reasonable efforts to complete custom integrations in a timely manner, specific timelines are not guaranteed and may vary based on complexity and other factors.

Integration Capabilities: The capabilities and functionalities of any EMR integration are limited to those expressly set forth in the integration specifications provided by Aesthetix CRM in the help center. Additional features or functionalities may require separate agreement and additional costs.

12A. Custom Build Services

Custom development, configuration, or integration services (“Custom Builds”) beyond the scope of Essentials Onboarding are available under a separate Custom Build Addendum attached to your Agreement. Custom Build pricing is based on preliminary requirements and estimates; a final scope summary and fee confirmation will be provided prior to initiation. Material changes exceeding the not-to-exceed amount require a mutually executed written amendment.

Intellectual Property for Custom Builds. All Custom Builds — regardless of whether they extend, modify, or are derived from Provider’s Snapshot Assets or are created as net-new configurations — shall be owned by Aesthetix CRM LLC. Client receives a non-exclusive, non-transferable license to use the Custom Build within Client’s Aesthetix CRM account for the duration of the subscription. Aesthetix CRM retains the unrestricted right to use, modify, adapt, generalize, and incorporate any Custom Build (including its underlying logic, structure, configuration patterns, workflow architecture, and integration methodologies) into products, templates, Snapshots, or services offered to other customers, provided that Aesthetix CRM will not disclose Client’s Confidential Information or Client Data to other customers. For the avoidance of doubt: (i) Client pays for the configuration and deployment of the Custom Build to Client’s account; (ii) Client does not acquire exclusive ownership of the underlying intellectual property, methodology, or reusable components; and (iii) Aesthetix CRM may create derivative works based on Custom Builds for any commercial purpose. Custom Builds remain subject to the IP provisions in Section 6C. Aesthetix CRM does not guarantee delivery of features or functionality outside the agreed-upon Custom Build scope.

13. Technical Support

By using the Services, you acknowledge and accept the standard support services provided by Aesthetix CRM, which include:

Tier 1 Support: Available via email ticket and live chat. No phone support. Average response time of 5 minutes. Issues are typically resolved within 48 hours.

Self-Service Resources: Access to a comprehensive Help Center at help.aesthetixcrm.com offering step-by-step help articles and video tutorials. AX Academy, offering in-depth online courses, is available at learn.aesthetixcrm.com.

Aesthetix Answers: Live group call support 5 days a week for 1 hour a day. Learn more at https://aesthetixcrm.com/answers/.

Training Sessions: Available for $150/hour upon request for staff training outside the onboarding period.

Video Call Support: Available for $150/hour upon request for technical support issues that require live video assistance beyond the scope of standard Tier 1 Support and Customer Success Manager services. Video Call Support is intended for complex technical troubleshooting, advanced workflow configuration assistance, or situations requiring screen-sharing and real-time guidance. This service does not include strategic consulting, business process design, or general training.

14. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. Data Ownership, Export, and Deletion

15A. Client Data Ownership

All contacts, patients, leads, and associated data (“Client Data”) stored or processed within the Services remain your sole and exclusive property. Aesthetix CRM makes no claim of ownership or rights to this data beyond what is necessary to provide the contracted services. We will not sell, rent, transfer, or otherwise make available Client Data to third parties without your express consent, except as required by law.

15B. Data Export

You may export Client Data in supported machine-readable formats (CSV and JSON) at any time during the active subscription period and throughout a ninety (90) day transition period following termination.

15C. Post-Cancellation Data Handling

Upon cancellation: (i) you have ninety (90) days from the cancellation effective date to export all Client Data; (ii) Aesthetix CRM will permanently delete all Client Data from active systems within thirty (30) days after the export period ends; (iii) backups containing Client Data will be cycled out within ninety (90) days of the cancellation date. Once completed, data recovery is not possible, and you are solely responsible for exporting any necessary data before account cancellation. All integrations — including but not limited to phone numbers, email domains, domains, calendar links, automations, payment systems (e.g., Stripe, PayPal), and third-party services (e.g., Google, Facebook, Slack, QuickBooks) — along with all Aesthetix CRM features will be deactivated.

You may choose to resubscribe in the future; however, this will create a new account not associated with any previous account data or settings. You would be required to pay the one-time onboarding fee again. Aesthetix CRM makes no guarantees regarding the availability of previous data or configurations.

15D. Confirmation of Deletion

Upon request, Aesthetix CRM will provide written confirmation that all Client Data has been deleted in accordance with this section.

15E. No Liability for Data Loss

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

16. Account Transfer and Ejection

Each account is personal to the account holder. Accounts may not be transferred, assigned, sold, or disposed of without our express written consent. Our full Account Transfer Policy is available at https://aesthetixcrm.com/account-transfer-policy/.

If you request transfer to another GoHighLevel agency: (i) all Snapshot Assets must be permanently deleted from your sub-account prior to transfer; (ii) the transfer shall be executed exclusively through the platform’s native account ejection process into a new, clean agency account; (iii) we will provide a written inventory of Snapshot Assets prior to deletion upon request; (iv) following ejection, functionality powered by Snapshot Assets may cease to operate and we have no obligation to restore it.

Contact data (names, phone numbers, emails, and related contact information) may be exported or transferred, provided such actions comply with applicable privacy laws and these Terms.

17. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party’s uninterrupted use of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except through approved APIs.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.
• Share, disclose, or provide any user password, one-time passcode, or authentication code to any third party, or enter such credentials into a page or service that is not the official Aesthetix CRM login experience.
• Grant access to the Services to any person who is not an authorized user of your organization or allow users to share logins.
• Use, or allow any user to use, bulk imports, contact exports, or mass messaging features in a manner that violates applicable law, patient consent requirements, or your organization’s policies, or in a manner that could reasonably be considered phishing, spam, or deceptive messaging.
• Attempt to circumvent or bypass any access controls, permissioning, usage limits, rate limits, or security restrictions we implement for exports, imports, or messaging.
• Use the Services to send communications related to cannabis, firearms, gambling, tobacco, or other content prohibited under applicable carrier policies.

18. Phone Messaging Policy and A2P Compliance

The platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If you use these features, you agree that you are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to the Telephone Consumer Protection Act (“TCPA”), the Do Not Call Registry Rules and the CAN-SPAM Act. Aesthetix CRM is a technology platform communication service application provider ONLY. Aesthetix CRM does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications are created by and initiated by you and/or your customers, whether generated by you or sent automatically via the Platform at your direction.

All messaging transmitted via the Aesthetix CRM platform, regardless of use case or phone number type (e.g., long code or toll-free), must comply with Application-to-Person (A2P) messaging standards.

18A. Consent and Opt-Out Requirements

Consent (“opt-in”): Consent cannot be bought, sold, or exchanged. You cannot obtain consent by purchasing a phone list from another party. SMS should only be sent to opted-in contacts.

Revocation of Consent (“opt-out”): The initial message sent to an individual must include language such as “Reply STOP to unsubscribe,” or an equivalent, so individuals have the ability to revoke consent at any time by replying with a standard opt-out keyword.

Sender Identification: Every initial message must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.

Messaging Usage: You should not send messages related to alcohol, firearms, gambling, tobacco, cannabis, medical prescriptions, or other adult content.

Filtering Evasion: We do not allow content designed to evade detection by unwanted messaging detection and prevention mechanisms. This includes intentionally misspelled words or non-standard opt-out phrases. We do not permit snowshoeing (spreading similar messages across many phone numbers to evade detection).

Contact Consent & Import Responsibility: You are solely responsible for ensuring all imported contacts have valid consent and that any prior opt-outs or unsubscribes are properly documented. Aesthetix CRM assumes no responsibility for the consent status of pre-existing contacts imported into the system.

18B. Spam Handling and DND Enforcement

The Platform monitors message delivery rates and automatically enables Do Not Disturb (DND) flags on contacts based on carrier error codes:

Temporary DND: Can be revoked by the agency or location.

Permanent DND: Cannot be revoked from the UI. The contact must reply with “START,” “YES,” or “UNSTOP” to remove the DND.

Opt-Out Keyword: Individuals must be able to revoke consent at any time by replying with STOP, Unsubscribe, etc. A permanent DND will be enabled at the contact level.

18C. Error and Opt-Out Rate Monitoring

High Opt-Out Rate: Indicates contacts receiving your messages have objected, generated complaints, or marked your SMS as spam. A good opt-out rate is typically 0–1%. Once the opt-out rate hits 2%, the account will be locked for sending text messages for 24 hours.

High Delivery Error Rate: Indicates sending SMS to contacts that are no longer in service, unreachable, or using a non-SMS-capable device. A good error rate is typically 0–6%. Once the error rate hits 12%, the account will be locked for sending text messages for 24 hours.

18D. Violation Handling

When we identify a violation of these principles, we will, where possible, work with customers in good faith to achieve compliance. However, to protect the continued ability of all our customers to use messaging for legitimate purposes, we reserve the right to suspend or remove access to the platform for customers who are not complying with this Messaging Policy or applicable laws, in some instances with limited notice in the case of serious violations.

What to do when you receive a violation email: (1) Stop all workflows, campaigns, triggers, and/or bulk actions to contacts who have not explicitly opted in; (2) Enable and customize the opt-out language and SenderID message; (3) Ensure no bulk communication, message blasts, or cold prospecting campaigns are sent before replying to the support ticket.

19. TCPA and Telemarketing Compliance

You acknowledge and agree that you are solely and exclusively responsible for ensuring that your use of the Platform’s messaging and telecommunications features complies with the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (TCPA), the Telephone Sales Rule, 16 C.F.R. Part 310 (TSR), and all applicable federal, state, and local telemarketing and consumer protection laws. You are the initiator and sender of all communications. The Platform’s messaging, opt-out processing, consent tracking, and telecommunications features are powered by Infrastructure Providers (including HighLevel and Twilio) and Aesthetix CRM makes no representations or warranties regarding the performance, accuracy, or legal compliance of these third-party systems.

You represent and warrant that you are aware that, among other requirements, the TCPA requires prior express written consent from a consumer before you can send them marketing text messages, with no purchase required as a condition of consent, and such consent must be clear and conspicuous. Damages for each message sent in violation of the TCPA is $500 and can be $1,500 if the violation is proven to be “willful and knowing.”

AESTHETIX CRM EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY TCPA, TSR, OR TELEMARKETING LAW VIOLATIONS ARISING FROM YOUR USE OF THE PLATFORM. You are the sole sender and initiator of all communications. Aesthetix CRM does not select recipients, draft message content, determine sending times, or obtain or verify consent. The Platform’s opt-out processing, consent tracking, and messaging delivery systems are powered by Infrastructure Providers, and Aesthetix CRM has no control over the operation of these systems.

You shall indemnify, defend, and hold harmless Aesthetix CRM from and against any and all TCPA-related claims, fines, penalties, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Platform’s communications features, including but not limited to claims arising from improper consent, improper messaging content, improper recipient selection, DNC violations, or any other violation of applicable telecommunications law, regardless of whether the underlying system that processed the communication was operated by Aesthetix CRM or an Infrastructure Provider.

20. AI Tools Usage Policy

20A. General AI Terms

The Services provide AI-powered tools including Content AI, Premium Workflow AI Actions, Reviews AI, Funnel AI, and Voice AI. By using any AI features within the Services, you acknowledge and agree that:

• You are solely responsible for reviewing and approving all AI-generated content.
• You assume full responsibility for all business outcomes and commercial impacts.
• Aesthetix CRM bears no liability for any consequences arising from AI tool usage.
• You are responsible for compliance with all applicable laws and regulations.

HIPAA Compliance Notice: The AI tools are NOT approved for processing Protected Health Information (PHI). Do not process PHI using any AI features. Maintain separate HIPAA-compliant processes for medical information.

20B. AI Employee Add-On Terms and Liability Limitations

Nature of AI Employee Services

The AI Employee add-on provides automated artificial intelligence agents that interact with patients and customers through various channels including SMS, voice calls, website chat, social media messaging, and review responses. You acknowledge that: (a) AI agents are automated software systems, not human employees, and may produce unexpected, inaccurate, or inappropriate responses despite our best efforts at training and configuration; (b) all AI-generated responses are probabilistic in nature and cannot be guaranteed to be accurate, appropriate, or consistent with your intended messaging; and (c) you retain full responsibility for monitoring, reviewing, and approving all AI agent interactions and outputs.

No Warranties for AI Performance

AESTHETIX CRM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AI EMPLOYEE ADD-ON, INCLUDING BUT NOT LIMITED TO: accuracy, reliability, or appropriateness of AI-generated responses; ability to correctly understand or interpret customer inquiries; compliance with industry-specific regulations or professional standards; prevention of miscommunication or misunderstandings with customers; or continuous availability or error-free operation.

Customer Responsibilities

By utilizing the AI Employee add-on, you agree to: (a) Supervision and Oversight: maintain appropriate human supervision and regularly review AI agent interactions, responses, and performance; (b) Configuration and Training: properly configure AI agents with accurate business information, appropriate response parameters, and compliant messaging guidelines; (c) Regulatory Compliance: ensure all AI interactions comply with applicable laws and regulations, including but not limited to HIPAA, TCPA, state medical board regulations, and professional licensing requirements; (d) Content Review: review and approve all AI-generated content before enabling automated responses, particularly for sensitive topics related to medical procedures, pricing, or treatment recommendations; and (e) Error Correction: promptly address any errors, miscommunications, or inappropriate responses generated by AI agents.

Healthcare and Medical Disclaimer

THE AI EMPLOYEE ADD-ON IS NOT DESIGNED OR INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSES, OR TREATMENT RECOMMENDATIONS. You acknowledge that: AI agents cannot and should not replace licensed medical professionals; any medical information provided through AI agents is for general informational purposes only; and you are solely responsible for ensuring compliance with all medical practice regulations and standards of care.

Limitation of Liability for AI Employee

IN NO EVENT SHALL AESTHETIX CRM BE LIABLE FOR ANY DAMAGES ARISING FROM THE AI EMPLOYEE ADD-ON, INCLUDING BUT NOT LIMITED TO: lost business or revenue due to AI agent errors or miscommunications; regulatory fines or penalties resulting from AI-generated content; malpractice claims or professional liability issues; damage to professional reputation or patient relationships; HIPAA violations or privacy breaches resulting from AI interactions; or incorrect appointment scheduling or patient information handling. This limitation is subject to and consistent with the general Limitation of Liability in Section 26.

Indemnification for AI Employee

You agree to indemnify, defend, and hold harmless Aesthetix CRM from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the AI Employee add-on; (b) AI agent interactions with your patients or customers; (c) any violation of laws or regulations through AI-generated content; (d) claims of professional malpractice or negligence related to AI responses; (e) privacy violations or unauthorized disclosure of patient information; and (f) false or misleading statements made by AI agents.

Assumption of Risk

You acknowledge and agree that you are voluntarily using the AI Employee add-on with full knowledge of the inherent risks, including but not limited to: potential for AI hallucinations or fabricated information; risk of inappropriate or offensive responses; possibility of technical failures or service interruptions; potential for misunderstanding complex customer inquiries; and risk of non-compliance with regulatory requirements.

Data Processing and Privacy

While AI agents process customer interactions, you remain the data controller and are responsible for: obtaining appropriate consent for automated communications; ensuring HIPAA compliance for any protected health information; managing opt-out requests and communication preferences; and protecting sensitive customer data from unauthorized access.

AI Employee Usage and Fair Use

Fair Use Unlimited Policy: Your use of AI Employee is subject to our terms of service, including excessive use. If it is determined that your usage is excessive, abusive, or negatively impacts the platform, we reserve the right to throttle, limit, require service upgrades, or terminate access without notice.

Features Not Included: Agent Studio, Voice AI Widget, and Voice AI outbound services are not covered in the unlimited plan. Usage of these features will be charged via messaging and technology credits, as outlined at https://aesthetixcrm.com/technology-messaging-credits/.

Modification and Termination of AI Features

Aesthetix CRM reserves the right to modify, suspend, or discontinue the AI Employee add-on at any time without liability. We may also immediately suspend or terminate your access to AI features if we determine, in our sole discretion, that your use poses legal, regulatory, or reputational risks.

21. HIPAA; Protected Health Information; Business Associate Agreement

HIPAA and PHI. Certain customers may be subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). “Protected Health Information” or “PHI” has the meaning set forth in HIPAA.

BAA Requirement. If you are a HIPAA Covered Entity or otherwise use the Services to create, receive, maintain, transmit, or process PHI, you must enter into a Business Associate Agreement (“BAA”) with Aesthetix CRM before using the Services to process PHI. You may request a BAA by contacting us at support@aesthetixcrm.com.

Security Configuration Requirements. You are responsible for maintaining appropriate administrative, physical, and technical safeguards for your use of the Services, including enabling multi-factor authentication for users with access to PHI, limiting user access based on role, and promptly removing access for terminated personnel.

Enforcement; Feature Limitations. If we do not have a signed BAA on file for your account, or if we determine you are using the Services to process PHI outside of approved functionality, we may (in our discretion) suspend or limit access to PHI-related features (including messaging and exports) until the issue is resolved. We may also terminate the Services as permitted under these Terms.

Customer Responsibility. You are solely responsible for determining whether you are subject to HIPAA and whether you require a BAA for your use of the Services, and for obtaining any required patient consents for communication methods you choose to use (including standard SMS and email).

For more information, visit https://aesthetixcrm.com/hipaa-compliance/.

22. Privacy and Data Protection

We care about data privacy and security. Please review our Privacy Policy at https://aesthetixcrm.com/privacy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

The Services are hosted in the United States with Infrastructure Providers that may process data in additional locations. If you access the Services from any other region of the world with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.

For customers processing personal data subject to GDPR, CCPA, or other applicable data protection laws, our Data Processing Addendum at https://aesthetixcrm.com/dpa is incorporated into and forms part of these Terms.

For customers processing PHI as a HIPAA-covered entity, please refer to Section 21 of these Terms. You can also refer to https://aesthetixcrm.com/hipaa-compliance/ for more information about HIPAA compliance at Aesthetix CRM.

23. Social Media and Third-Party Account Linking

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each a “Third-Party Account”) by either providing your Third-Party Account login information through the Services or allowing us to access your Third-Party Account as permitted under the applicable terms and conditions. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access without breach of your Third-Party Account terms, and without obligating us to pay fees or making us subject to usage limitations imposed by the third-party provider.

By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account so that it is available through the Services. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set, personally identifiable information posted to your Third-Party Accounts may be available on and through your account on the Services.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

24. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

If you decide to leave the Services and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies of any website to which you navigate from the Services.

25. Service Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

26. Disclaimer; No Warranty

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

THE PLATFORM’S UNDERLYING INFRASTRUCTURE COMPONENTS PROVIDED BY INFRASTRUCTURE PROVIDERS ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE, AVAILABILITY, ACCURACY, RELIABILITY, OR SECURITY OF INFRASTRUCTURE PROVIDER SYSTEMS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

27. Limitation of Liability

IN NO EVENT SHALL AESTHETIX CRM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL AESTHETIX CRM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REGULATORY FINES OR PENALTIES, COSTS OF REMEDIATION, NOTIFICATION COSTS, OR CREDIT MONITORING COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY. THIS LIMITATION APPLIES TO ALL CLAIMS WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH CLAIMS ARISE FROM OUR OWN ACTS OR OMISSIONS OR FROM THE ACTS OR OMISSIONS OF INFRASTRUCTURE PROVIDERS. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

28. Indemnification

You agree to indemnify, defend, and hold harmless Aesthetix CRM, its subsidiaries, affiliates, and all of our respective officers, directors, employees, agents, partners, and employees from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to: (1) your Contributions; (2) your use of the Services; (3) your breach of these Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party, including intellectual property rights; (6) any overt harmful act toward any other user; (7) your violation of applicable law, including TCPA, HIPAA, CCPA, and state privacy laws; (8) your messaging content, recipient selection, consent practices, and sending decisions; (9) unauthorized modification or misconfiguration of the Platform; (10) your failure to maintain appropriate access controls or credential security; and (11) your use of third-party integrations not provided or maintained by Aesthetix CRM.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Aesthetix CRM agrees to indemnify, defend, and hold harmless you from third-party claims directly and proximately caused by Aesthetix CRM’s own gross negligence or willful misconduct in connection with the Services, subject to the Limitation of Liability in Section 27.

29. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

30. Mobile Application License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App strictly in accordance with these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws in connection with your use of the App; (4) remove, alter, or obscure any proprietary notice; (5) use the App for any revenue-generating endeavor or commercial enterprise for which it is not designed; (6) make the App available over a network permitting access by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is competitive with or a substitute for the App; (8) use the App to send automated queries or unsolicited commercial email; or (9) use any proprietary information or interfaces in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

30A. Apple and Android Devices

When you use the App obtained from the Apple Store or Google Play (each an “App Distributor”): (1) the license is limited to use on a device that utilizes the Apple iOS or Android operating systems; (2) we are responsible for maintenance and support services as specified in these Terms; (3) in the event of any failure of the App to conform to any applicable warranty, the App Distributor may refund the purchase price, and the App Distributor has no other warranty obligation; (4) you represent and warrant that you are not located in a US-embargoed country or on a US government prohibited list; (5) you must comply with applicable third-party terms; and (6) the App Distributors are third-party beneficiaries of these Terms and may enforce them.

31. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions.

32. Hierarchy of Agreements

In the event of a conflict between these Terms and any other agreement: (1) the BAA governs PHI obligations; (2) any individually negotiated Master Services Agreement governs the commercial relationship to the extent it supersedes these Terms; (3) applicable Statements of Work govern engagement-specific terms; (4) these Terms govern general platform usage; (5) the DPA at https://aesthetixcrm.com/dpa governs data processing. Supplemental terms posted on the Services are incorporated by reference.

33. Dispute Resolution

33A. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

33B. Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration may be conducted in person, through submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Greenville, South Carolina.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Greenville, South Carolina, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such courts.

33C. Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

33D. Exceptions

The following Disputes are not subject to arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

33E. Statute of Limitations

No Dispute may be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction.

34. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of South Carolina applicable to agreements made and to be entirely performed within the State of South Carolina, without regard to its conflict of law principles. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

35. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, epidemics, pandemics, government actions, war, terrorism, labor disputes, power failures, internet disruptions, telecommunications failures, Infrastructure Provider outages, or cyberattacks.

36. SMS Text Messaging

Opting Out: If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out.

Message and Data Rates: Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support: If you have any questions or need assistance regarding our SMS communications, please email us at help@aesthetixcrm.com or call at (833) 479-1777.

37. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

38. GDPR Compliance and Data Protection

Aesthetix CRM is committed to protecting the privacy of our users and their customers. This section explains the rules, how they apply to your use of the Aesthetix CRM platform, and the steps we have taken to comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. You should review this section in conjunction with our Privacy Policy (https://aesthetixcrm.com/privacy/), our Data Processing Addendum (https://aesthetixcrm.com/dpa), and contact a specialist legal professional if you require more information or advice.

38A. Controller and Processor Roles

You (the Customer) are the Data Controller. When you use the Aesthetix CRM Services, you are the controller of the personal data you upload to our system. As the controller, you decide what personal data to collect and upload, determine the purposes and legal basis for processing, are responsible for ensuring you have a lawful basis, must not retain data for longer than necessary, and are responsible for responding to data subject requests (with our assistance).

Aesthetix CRM is the Data Processor. We, through the Aesthetix CRM platform, store and manage the data you have collected under your instructions. As the processor, we process personal data only on your documented instructions, will never use personal data you upload for our own purposes, implement appropriate technical and organizational security measures, assist you in responding to data subject requests, notify you of any personal data breaches, and delete or return personal data upon termination of services.

38B. Data Subject Rights

The GDPR grants data subjects certain rights relating to their personal data, including the right to: access their personal data, rectify inaccurate personal data, erase their personal data (“right to be forgotten”), restrict processing, data portability, object to processing, and not be subject to automated decision-making. Aesthetix CRM has implemented systems to facilitate these requests in coordination with you.

38C. International Data Transfers

Our Services are hosted in the United States through our Infrastructure Providers. Aesthetix CRM utilizes the Standard Contractual Clauses (SCCs) as part of our Data Processing Addendum to ensure that you are able to lawfully transfer personal data to us in the United States. By using the Services, you consent to the transfer of personal data in accordance with our DPA.

38D. Compliance Measures

Aesthetix CRM has implemented: a Data Processing Addendum incorporating Standard Contractual Clauses; breach detection and notification systems (72-hour notification commitment); data subject request handling processes; data mapping and documentation; security measures including encryption at rest (AES-256) and in transit (TLS 1.2+), role-based access controls, regular security testing, employee background checks and training, and incident response procedures; sub-processor management (list available at https://aesthetixcrm.com/sub-processors); and data retention and deletion tools.

39. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

40. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Aesthetix CRM LLC

2541 N Pleasantburg Dr, Ste 338

Greenville, SC 29609

United States

Phone: (833) 479-1777

General: team@aesthetixcrm.com

Support: support@aesthetixcrm.com

Legal: legal@aesthetixcrm.com

Privacy Officer: privacy@aesthetixcrm.com