Terms and Conditions

1. Business Identity & Messaging Overview

1SoftwareSolution LLC, doing business as Med Spa Marketing AI, provides marketing strategy, implementation, and system configuration services for businesses, including CRM setup, email and SMS automation, analytics, and related services.

If you opt in to receive SMS communications, messages you may receive include responses to inquiries, service-related notifications, account communications, and, if separately consented to, marketing or informational messages related to our Services.

Our Services may include:

• CRM setup and management
• Email and SMS marketing automation
• Funnel and website configuration
• Analytics, reporting, and optimization

Where included in the applicable order or other written service agreement, Services may also include electronic medical-record software and related administrative workflow support, subject to Section 6. Listing a service does not establish that it is included in your purchase or authorized to process patient information.

We do not provide medical care, diagnosis, treatment, prescribing or legal advice. Clinical decisions and patient care remain with you and the responsible licensed professionals.

2. Eligibility & Use of Services

You must be at least 18 years old to use our Services.

You agree to use the Services only for lawful business purposes and in compliance with all applicable local, state, and federal laws, including marketing, privacy, and communications regulations.

You may not use our Services to:

• Send unlawful, deceptive, or misleading communications
• Violate privacy, healthcare, or consumer protection laws
• Engage in spam, abuse, or fraudulent activity

3. Client Data & Responsibilities

You retain ownership of all data you provide or upload into any system we manage on your behalf, subject to applicable law and the rights of patients and other rights holders.

You are responsible for:

• The lawfulness of the data, materials and instructions you provide
• Obtaining notices, consents and authorizations required for your collection of data and the communications or processing you instruct us to perform
• The users, devices and access permissions under your control
• Compliance with laws applicable to your own activities, including TCPA, CAN-SPAM, state privacy laws and HIPAA where applicable

We remain responsible for our own activities and the Services, systems, configurations, personnel and subcontractors under our control, as required by applicable law and our applicable written agreements. Your instructions do not excuse our own legal duties, and neither party's responsibilities transfer the other party's duties.

Access, preservation, export, return and destruction of information governed by a BAA or other written data-protection agreement are governed by that agreement and applicable law. Section 7 does not give us ownership of your patient records or other client data.

4. SMS/MMS Messaging Terms

Opt-Out & Support

You can cancel the SMS service at any time. Just text “STOP” to the phone number from which you received the message. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@medspamarketing.ai.

Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

Message Frequency & Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

5. Privacy Policy

If you have any questions regarding privacy, please read our Privacy Policy: 👉 https://medspamarketing.ai/legal/privacy-policy

Your participation in our SMS program and use of the Services are governed by that Privacy Policy.

6. HIPAA & Healthcare Responsibilities

Med Spa Marketing AI is not a healthcare provider and does not provide medical advice or treatment.

Before authorized processing of Protected Health Information (“PHI”) begins, the parties must have the applicable written BAA and any other required data-protection terms in place, and the relevant features, configurations and subcontractors must have the required safeguards and agreements. These Terms alone do not authorize PHI processing, establish either party's HIPAA status, or certify that a feature or use is compliant.

You are responsible for identifying your intended use and providing the information and lawful permissions necessary to determine the applicable relationship. Each party remains responsible for obligations imposed directly on it by applicable law. We do not transfer our own security, reporting or other legal responsibilities to you.

An applicable BAA or other written data-protection agreement governs the information and processing within its scope and controls over conflicting provisions of these Terms concerning protection of that information. Information received outside an authorized feature or purpose remains subject to applicable protective, incident-response and lawful-disposition obligations; receipt does not authorize additional processing. Sections 9 and 10 explain when their financial provisions apply to BAA claims.

7. Intellectual Property

Except for your data, patient records, materials you supply, and assets or deliverables assigned to you under an applicable written agreement, content, materials, systems, workflows, templates, designs and software configurations created by Med Spa Marketing AI remain our intellectual property unless otherwise agreed in writing. We retain our pre-existing and reusable software, templates, methods and know-how, subject to any rights expressly granted in an applicable written agreement.

You may not reproduce, resell, sublicense, or distribute our proprietary materials without prior written consent.

An applicable written client-specific agreement concerning ownership, permitted use or transfer of a website, domain, telephone number, advertising account or other deliverable controls over a conflicting general provision in these Terms. This section does not revoke rights already granted under that agreement or transfer ownership of your records or supplied materials to us. Rights in third-party platforms remain subject to the applicable third-party terms.

8. No Guarantee of Results

Marketing results vary.

We do not guarantee revenue outcomes, lead volume, conversion rates, or advertising performance. Any examples or projections are illustrative only and do not constitute guarantees.

9. Limitation of Liability

To the maximum extent permitted by applicable law and subject to the qualifications below, the Company shall not be liable for indirect, incidental, consequential or special damages arising from the Services or these Terms. Loss of revenue, profits, data or business opportunities is excluded under this paragraph only to the extent it constitutes one of those excluded categories; this paragraph does not classify every such loss as indirect or consequential.

To the maximum extent permitted by applicable law and subject to the qualifications below, our total liability, if any, shall not exceed the amount paid by you to us in the three (3) months preceding the claim.

The exclusions and limitation in this section are subject to any applicable BAA or other written agreement between the parties. For claims arising under a BAA, Sections 9 and 10 apply only if the parties have expressly agreed in writing that the particular provisions cover those claims, in accordance with that BAA's own requirements. Merely accepting these Terms, receiving a link to them, or continuing to use the Services does not satisfy a BAA's requirement for that specific agreement or amend a separately negotiated BAA. An express incorporation in a newly executed BAA or a properly executed amendment may establish the agreed scope.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, restricts a regulator's authority or any nonwaivable statutory right, or excuses required safeguards, reporting, mitigation, access, preservation, accounting, return or destruction of information. A financial limit, where applicable, does not authorize a party to stop performing those duties. These Terms do not reduce an express cost-reimbursement or other financial obligation in an applicable BAA unless a valid written amendment to that BAA expressly does so.

10. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company against third-party claims and resulting damages, liabilities and reasonable expenses to the extent caused by your breach of these Terms, unlawful data practices or marketing instructions, or violation of applicable law or third-party rights. This obligation does not require you to reimburse losses to the extent caused by our own breach, negligence or willful misconduct.

We will promptly notify you of a claim for which we seek indemnification and provide reasonable cooperation. A delay in notice reduces your obligation only to the extent the delay materially prejudices your ability to address the claim. Neither party may settle a claim in a way that admits fault, imposes a payment or nonmonetary obligation on, or binds the other party without that party's prior written consent. This section does not create a separate duty to assume the other party's defense.

This section provides client-to-Company indemnification; it does not create a Company obligation to indemnify you against third-party claims. It does not eliminate liability or obligations imposed by applicable law or an applicable BAA or other written agreement. Its application to BAA claims is subject to Section 9 and the BAA's own requirements.

11. Suspension & Termination

We may suspend or terminate your access to the Services at any time if:

• You violate these Terms
• Your use poses legal or compliance risk
• Suspension is required by law or platform providers

Termination does not relieve you of payment obligations incurred prior to termination.

Suspension and termination remain subject to an applicable BAA or other written agreement, including its notice, cure and lawful-access requirements. They do not end either party's surviving information-protection, access, preservation, return or lawful-disposition obligations. Payment disputes will not be used to withhold access or return that we are required to provide. A platform restriction does not, by itself, excuse our own duties under the applicable agreement or law.

12. Modifications to Terms

We may update these Terms prospectively and will identify the revised version and its effective date. For material changes affecting existing customers, we will provide notice before the proposed effective date and obtain any acceptance required by applicable law or the parties' existing agreement. Posting an update alone does not retroactively alter accrued rights or existing disputes.

A website update, continued use, purchase or generic onboarding acceptance does not amend an existing BAA or another agreement requiring a specific written amendment. Changes to those agreements must follow their own amendment and signature requirements. A separately executed individualized BAA remains controlling for its stated scope unless the parties validly amend or replace it as that agreement requires. We will retain prior Terms versions and the applicable business-service acceptance records.

13. Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles, except as provided below.

A governing-law, venue or dispute-resolution provision expressly applicable under a BAA or other written agreement controls for disputes within its stated scope. These Terms do not replace or amend that provision. Mandatory laws applicable to the actual processing or claim are not displaced by this general choice of law.

14. Contact Information

If you have questions about these Terms, please contact:

Med Spa Marketing AI 📧 hello@medspamarketing.ai