Business Platform Agreement — United States and Canada
Documents incorporated by reference
- Privacy Policy
- Data Processing Addendum
- Payment Processing Terms (when payment services are activated)
- Business Associate Agreement (only when executed and applicable)
- Any order form or feature-specific terms accepted by the Business
Introduction and Acceptance
These Terms of Service (the “Terms”) are a binding agreement between Aesthetic Hub Inc., a Delaware corporation (“Aesthetic Hub,” “we,” “our,” or “us”), and the individual or legal entity that registers for, purchases, accesses, or uses the Services (“Business,” “Customer,” “you,” or “your”). These Terms govern your access to and use of Aesthetic Hub’s internet-based business-management platform and related websites, dashboards, hosted pages, booking interfaces, forms, communications tools, payment interfaces, artificial-intelligence-assisted features, integrations, and other products and services that link to these Terms (collectively, the “Services”).
If you access or use the Services on behalf of a company, organization, partnership, professional practice, or other legal entity, you represent and warrant that you have authority to accept these Terms and legally bind that entity. By creating an Account, checking the acceptance box during enrollment, signing an order form or other agreement that references these Terms, or accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree, do not create an Account or access or use the Services.
The Services are offered for legitimate business and professional purposes only and are not intended for personal, household, or family use. The Services are initially available to eligible Businesses operating in the United States and Canada. Aesthetic Hub may restrict availability by country, province, state, territory, industry, feature, or payment capability.
Important Legal Notice
THESE TERMS CONTAIN IMPORTANT PROVISIONS AFFECTING YOUR LEGAL RIGHTS, INCLUDING AUTOMATIC SUBSCRIPTION RENEWAL, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND AN AGREEMENT TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THESE TERMS ALSO INCLUDE A CLASS-ACTION WAIVER AND A JURY-TRIAL WAIVER.
PLEASE READ THEM CAREFULLY.
Definitions
“Account” means the Business account through which the Services are configured and accessed.
“Account Owner” means the individual designated as having primary administrative authority over an Account. “Authorized User” means an employee, practitioner, contractor, educator, administrator, or other person whom the Business authorizes to access the Services through its Account. The Business, Account Owner, and Authorized Users may collectively be called “Business Users.”
“Business Client” means a client, customer, patient, student, attendee, purchaser, or other individual who interacts with the Business and whose information or transaction may be managed through the Services. Business Clients are not parties to these Terms merely because they interact with a page, form, message, invoice, booking flow, or checkout experience used by the Business.
“Customer Data” means information, files, records, images, videos, forms, communications, transaction information, and other data submitted to or processed through the Services by or for the Business, including information relating to Business Clients. “Business Content” means logos, names, service descriptions, prices, policies, photographs, videos, course materials, product information, and other content the Business displays, uploads, submits, or makes available through the Services.
Aesthetic Hub’s Role
Aesthetic Hub provides technology that helps Businesses manage aspects of their operations.
Depending on the subscription plan and activated features, the Services may include scheduling, client relationship management, records and notes, forms and electronic signatures, communications, payment interfaces, point-of-sale tools, inventory, staff and resource administration, education tools, hosted websites or booking pages, reporting, media storage, marketplace features, and artificial-intelligence-assisted tools.
Aesthetic Hub does not provide beauty, wellness, healthcare, medical-aesthetic, tattoo, paramedical, education, retail, or other professional services to Business Clients. Aesthetic Hub does not employ, supervise, direct, control, license, credential, or insure the Business or its personnel. Aesthetic Hub is not a party to any treatment, appointment, service agreement, product sale, course enrollment, membership, or other transaction between the Business and a Business Client.
The Business is solely responsible for the quality, safety, legality, pricing, delivery, and outcome of its services, treatments, products, courses, and communications. Any dispute concerning the Business’s professional services, products, policies, personnel, or conduct must be resolved between the Business and the applicable Business Client, except to the extent a dispute separately concerns Aesthetic Hub’s own obligations under these Terms.
Services, Plans, and Feature Availability
Aesthetic Hub may offer different subscription plans, business-size tiers, usage limits, locations, Authorized User allowances, add-ons, and optional features. The plan description, order form, checkout page, or in-Account notice presented when you enroll or make a change identifies the commercial terms applicable to that purchase.
Features may depend on third-party services, device compatibility, geographic availability, professional category, regulatory requirements, or completion of additional onboarding. Aesthetic Hub may improve, modify, replace, or discontinue features. We will use commercially reasonable efforts to provide advance notice when a material reduction to a paid core feature is reasonably expected to affect the Business during its current paid term.
New, expanded, or usage-intensive features may require additional fees or acceptance of supplemental terms. If supplemental terms conflict with these Terms, the supplemental terms control only for the applicable feature.
Beta and Preview Services
Aesthetic Hub may invite the Business to use beta, pilot, preview, early-access, evaluation, or similar pre-release services (“Beta Services”). Beta Services may be incomplete, inaccurate, unstable, or changed or discontinued at any time. They may be subject to additional terms and may not be suitable for production, clinical, safety-critical, or legally required workflows.
BETA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT SERVICE-LEVEL COMMITMENTS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AESTHETIC HUB WILL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING FROM USE OF BETA SERVICES. The Business’s sole remedy is to stop using the Beta Services.
Subscription Fees and Billing
Subscription fees, add-on fees, usage charges, and other amounts payable for the Services (“Fees”) are displayed during enrollment, in the Account, in an order form, or in another written agreement.
Unless stated otherwise, Subscription Fees are charged in advance in U.S. dollars. Canadian Businesses are responsible for currency-conversion costs or foreign transaction charges imposed by their financial institutions.
By providing a payment method, you authorize Aesthetic Hub and its billing providers to charge all Fees and applicable taxes when due. You must maintain a valid payment method. If payment fails or becomes past due, Aesthetic Hub may retry the charge, request another method, limit features, suspend the Account, or terminate the Services after any notice required by law or an applicable order form.
Except where required by law, Fees exclude sales, use, value-added, goods and services, harmonized sales, provincial sales, withholding, and similar taxes. The Business is responsible for taxes arising from its purchase or use of the Services, other than taxes based on Aesthetic Hub’s net income. If the Business is legally required to withhold an amount, it will provide appropriate documentation and, unless prohibited by law, pay any additional amount necessary for Aesthetic Hub to receive the amount originally invoiced.
Automatic Renewal
Your subscription begins on the date disclosed during enrollment or, if applicable, immediately after a trial period. Unless otherwise stated, subscriptions automatically renew for successive periods of the same duration until canceled. A monthly subscription renews monthly, and an annual subscription renews annually.
You authorize Aesthetic Hub to charge the payment method associated with the Account at each renewal for the then-applicable Fees and taxes. Aesthetic Hub will provide renewal disclosures and notices required by applicable law. The Account will display or otherwise make available the subscription plan, billing frequency, and next renewal date.
Free Trials and Promotional Offers
Aesthetic Hub may occasionally offer free trials, discounted subscriptions, promotional pricing, or introductory offers. The duration, eligibility, included features, limitations, renewal price, and other conditions will be disclosed when the Business enrolls. Unless stated otherwise, an offer is limited to one per Business, is nontransferable, and may not be combined with another offer.
A valid payment method may be required to activate a free trial. When a payment method is required, Aesthetic Hub will disclose the trial duration, selected plan, amount and billing frequency that will apply after the trial, expected first-charge date, and cancellation method. Unless canceled before the disclosed trial expiration date and time, the trial will automatically convert to the selected paid subscription, and you authorize Aesthetic Hub to charge the applicable Fees and taxes.
If no payment method is required for a particular promotion, trial access may end or become restricted when the trial expires unless the Business selects a paid plan. Aesthetic Hub may send a reminder before trial conversion or the first paid charge. Once a trial converts to a paid subscription, the standard cancellation and refund provisions apply.
Fee Changes
Aesthetic Hub may change Fees for a future renewal period by providing at least thirty (30) days’ advance notice, or any longer notice required by law. Unless you accept a change that takes effect sooner, a Fee change will not alter the amount already paid for the current subscription period. If you do not agree to a future price, you must cancel before the renewal at which the new price becomes effective.
Cancellation, Downgrades, and Refunds
You may cancel your subscription at any time through the applicable Account settings or by contacting support@aesthetichubpro.com. Cancellation takes effect at the end of the then-current paid subscription period. You may continue using the Services included in your plan until that period expires, unless the Account is suspended or terminated for a violation of these Terms.
Canceling prevents renewal for another billing period; it does not retroactively terminate the subscription period already purchased. If you cancel a monthly subscription, you will not be charged for the following month. If you cancel an annual subscription paid in advance, you will not be charged for the following annual term, but you will not receive a refund for unused months in the current annual term.
Except where required by law or expressly stated in a written offer from Aesthetic Hub, all Fees are nonrefundable and nontransferable. Aesthetic Hub does not provide prorated refunds or credits for
partially used subscription periods, unused Services, failure to use the Services, plan downgrades, or removal of Authorized Users, practitioners, or locations during a paid period.
A downgrade ordinarily takes effect at the next renewal. A downgrade may reduce limits or remove features. Before it takes effect, the Business is responsible for exporting information it wishes to preserve from features that will no longer be available.
Payment Processing Services
If the Business activates payment processing, it must accept the separate Aesthetic Hub Payment Processing Terms and the applicable agreement of Aesthetic Hub’s payment processor, including the Stripe Connected Account Agreement. Those terms are incorporated by reference for payment services and control if they conflict with these Terms on a payment-processing matter.
The Business is responsible for completing identity, ownership, banking, tax, and underwriting requirements; maintaining accurate connected-account information; complying with card-network rules; and responding to refunds, disputes, chargebacks, reversals, negative balances, reserves, and requests for information. Aesthetic Hub is not a bank, credit union, money transmitter, or financial adviser.
Payment availability, payout timing, reserves, holds, and supported methods may be determined by the payment processor, financial partners, card networks, risk assessments, applicable law, or the selected Connect configuration. Aesthetic Hub may collect disclosed platform, subscription, transaction, or other Fees as permitted by the Payment Processing Terms.
Professional, Licensing, and Regulatory Responsibilities
The Business is solely responsible for determining and complying with all laws, regulations, standards, professional rules, and contractual obligations applicable to its operations and use of the Services.
These may include professional licensing, facility permits, scope-of-practice limitations, medical supervision, sanitation and body-art rules, education regulations, accessibility, employment, tax, advertising, consumer protection, recordkeeping, privacy, and payment requirements.
The Business represents and warrants that it and each person providing regulated services through its Account holds all licenses, permits, approvals, insurance, and qualifications required in every jurisdiction where services are advertised or provided. The Business must not use the availability of a category, template, feature, workflow, or suggested content as evidence that an activity is lawful, licensed, medically appropriate, or within scope of practice.
Aesthetic Hub does not verify or guarantee professional credentials, legal compliance, service quality, safety, suitability, or outcomes. The Business remains responsible for professional judgment and for obtaining advice from its own legal, tax, clinical, privacy, employment, and insurance advisers.
Relationship With Business Clients
The Business is solely responsible for establishing and enforcing its relationship with Business Clients.
The Business must maintain clear, accurate, and legally sufficient client-facing terms, privacy notices, booking rules, cancellation and no-show policies, deposit and refund terms, membership and package terms, product-return policies, treatment consents, media authorizations, and other disclosures appropriate to its activities.
When the Services allow the Business to display, collect, or record a policy or consent, the Business— not Aesthetic Hub—determines the content, legal sufficiency, timing, applicability, and retention of that
policy or consent. Templates, examples, automations, and electronic records supplied through the Services are operational tools and do not constitute legal or professional advice.
Aesthetic Hub may present separate End Client Platform Terms and an Aesthetic Hub privacy notice to Business Clients when they access or use an Aesthetic Hub-powered booking page, form, payment flow, communication feature, hosted page, or other client-facing component. Those terms govern only the Business Client’s interaction with Aesthetic Hub’s technology and do not replace, approve, or form part of the Business’s own client-facing terms, privacy notice, treatment consent, refund policy, or professional obligations. The Business may not remove, obscure, contradict, or mischaracterize Aesthetic Hub’s End Client Platform Terms or privacy disclosures.
Unless a Business Client is separately presented with and affirmatively accepts applicable End Client Platform Terms, the Business Client is not a party to these Business Terms merely because the Business stores the person’s information in the Services. The Business will not represent that Aesthetic Hub provides, approves, guarantees, or is responsible for the Business’s services, policies, consents, refunds, products, courses, or professional decisions.
Privacy and Data Processing
Aesthetic Hub’s Privacy Policy describes how Aesthetic Hub collects, uses, and discloses personal information for its own business purposes. The Data Processing Addendum (“DPA”), incorporated by reference, governs Aesthetic Hub’s processing of personal information on the Business’s behalf where the DPA applies.
For personal information concerning Business Clients that the Business submits to or processes through the Services, the Business generally acts as the “controller,” “business,” or equivalent responsible entity, and Aesthetic Hub generally acts as the “processor,” “service provider,” or equivalent, as those terms are defined by applicable privacy laws. The parties’ roles may differ for limited processing that Aesthetic Hub performs for its own lawful operational, security, billing, compliance, or legal purposes, as described in the Privacy Policy and DPA.
The Business represents and warrants that it has provided all required privacy notices and has a valid legal basis, authorization, or consent to collect, use, disclose, transfer, and instruct Aesthetic Hub to process Customer Data. The Business is responsible for responding to Business Clients’ privacy requests, with Aesthetic Hub providing assistance as required by the DPA and applicable law.
Customer Data and Account Data
As between Aesthetic Hub and the Business, the Business retains its rights in Customer Data. The Business grants Aesthetic Hub and its subprocessors a nonexclusive, worldwide, limited-term license to host, copy, transmit, display, modify solely for technical formatting, and otherwise process Customer Data as necessary to provide, secure, support, and improve the Services; comply with the Business’s documented instructions; prevent fraud and abuse; and comply with law.
Aesthetic Hub will not use Customer Data to train a generalized artificial-intelligence model for the benefit of unrelated customers unless the Business has expressly authorized that use or the data has been de-identified and aggregated so that it is not reasonably capable of identifying the Business or an individual, subject to applicable law. Feature-specific disclosures may describe processing necessary to provide an AI feature selected by the Business.
The Business is responsible for the accuracy, quality, legality, and integrity of Customer Data; maintaining appropriate source records and backups; configuring access controls; and exporting data before access expires. Aesthetic Hub may create and use aggregated or de-identified information for
analytics, security, benchmarking, service improvement, and other lawful purposes, provided it does not identify the Business or an individual except as permitted by law.
Health Information, HIPAA, and Consumer Health Data
The Services may be used by beauty, wellness, tattoo, medical-aesthetic, healthcare, and other Businesses that collect sensitive or health-related information. The availability of the Services does not mean that every configuration or feature is suitable for protected health information or regulated consumer health data.
If the Business is a covered entity or business associate subject to the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and intends to use the Services to create, receive, maintain, or transmit protected health information (“PHI”), the Business must, before doing so: (a) confirm that Aesthetic Hub offers an eligible HIPAA-configured service for the intended use; (b) enter into a Business Associate Agreement (“BAA”) with Aesthetic Hub; (c) use only the features and configurations covered by the BAA; and (d) satisfy all applicable administrative, physical, technical, notice, authorization, and security obligations.
Unless and until an applicable BAA is fully executed and the required configuration is activated, the Business must not submit PHI to the Services. The Business is solely responsible for determining whether it is subject to HIPAA, whether particular information is PHI, and whether its use of the Services is permitted.
Certain U.S. states regulate “consumer health data” more broadly than HIPAA. Canadian federal and provincial laws may also treat health and biometric information as sensitive. The Business is responsible for identifying regulated health data; providing required notices; obtaining separate, affirmative, or express consent where required; limiting collection and sharing; implementing withdrawal and deletion mechanisms; and refraining from selling or using health data for targeted advertising where prohibited. The Business may not rely solely on a general privacy-policy acceptance when a separate consent is legally required.
Communications, Email, and Messaging
The Services may allow the Business to send or facilitate email, SMS, MMS, telephone, WhatsApp, push, or other communications to Business Clients and Business Users. The Business is the sender or initiator of communications sent on its behalf and is responsible for their recipients, content, timing, frequency, purpose, and legal basis.
The Business represents and warrants that it will comply with all applicable communications and marketing laws, including the U.S. Telephone Consumer Protection Act, CAN-SPAM Act, state telemarketing laws, Canada’s Anti-Spam Legislation, do-not-call requirements, consent and recordkeeping obligations, and applicable carrier and industry rules. The Business must obtain and preserve all required consents, distinguish transactional communications from marketing, honor opt-outs promptly, and refrain from sending prohibited, misleading, abusive, or unlawful content.
If Aesthetic Hub or a provider such as Twilio supplies telephone numbers, messaging capabilities, templates, consent language, opt-out handling, or compliance features, those tools do not transfer the Business’s legal responsibility to Aesthetic Hub. Aesthetic Hub may filter, block, throttle, suspend, or investigate communications to protect recipients, networks, providers, or the Services or to comply with law and industry rules.
COMMUNICATIONS FROM AESTHETIC HUB TO BUSINESS USERS. By providing an email address, telephone number, or other contact information and creating or using an Account, the Business authorizes Aesthetic Hub and service providers acting on its behalf to send Account Owner(s) and
Authorized Users operational, transactional, security, billing, support, legal, and service-related communications by email, SMS, MMS, telephone, in-platform message, and push notification. These communications may concern account verification; trials, subscriptions, renewals, cancellations, invoices, failed payments, payouts, disputes, chargebacks, security alerts, support requests, feature or policy changes, maintenance, service interruptions, compliance actions, and other information reasonably necessary to provide or administer the Services. Message and data rates may apply.
Operational and transactional communications are not marketing messages. Business Users may manage available communication settings, but may not be able to opt out of communications reasonably necessary to administer an active Account, provide requested Services, process payments, protect security, or comply with law. A Business User who does not wish to receive any essential communications may need to stop using the Services and close the applicable Account. The Business represents that it is authorized to provide contact information for its Account Owner and Authorized Users and will keep that information current.
Aesthetic Hub may send product announcements, educational resources, event invitations, surveys, offers, and other promotional communications only as permitted by applicable law and the recipient’s preferences. Consent to receive promotional SMS, automated marketing calls, or other marketing communications is not required to create an Account, purchase a subscription, or use the Services. A recipient may opt out of marketing email through the unsubscribe mechanism and may opt out of marketing texts by replying STOP or using another disclosed method. Opting out of marketing does not stop essential operational or transactional communications.
Artificial-Intelligence-Assisted Features
Certain Services may use artificial intelligence, machine learning, computer vision, or generative technologies (“AI Features”) to produce analyses, classifications, summaries, recommendations, drafts, text, images, reports, color suggestions, skin-related observations, or other outputs (“Outputs”) based on information, prompts, photographs, video, records, or other inputs submitted by the Business (“Inputs”). Inputs and Outputs are Customer Data or Business Content, as applicable.
AI FEATURES AND OUTPUTS MAY BE INACCURATE, INCOMPLETE, BIASED, NONUNIQUE, OUTDATED, INAPPROPRIATE, OR UNSUITABLE FOR A PARTICULAR PERSON OR PURPOSE.
OUTPUTS ARE PROVIDED AS DECISION-SUPPORT TOOLS ONLY. THEY DO NOT CONSTITUTE MEDICAL DIAGNOSIS, TREATMENT, PRESCRIPTION, LEGAL ADVICE, FINANCIAL ADVICE, OR A SUBSTITUTE FOR QUALIFIED PROFESSIONAL JUDGMENT.
The Business must independently review and validate Outputs before using, publishing, implementing, or communicating them. The Business is responsible for determining whether an Output is accurate, lawful, noninfringing, clinically or professionally appropriate, and suitable for the intended recipient. The Business may not use an AI Feature to make a solely automated decision that produces legal or similarly significant effects where prohibited by law.
The Business must have all rights, notices, and consents necessary to submit Inputs, including images and sensitive information. The Business may not submit data to an AI Feature if the feature is not approved for that data type or if doing so would violate a BAA, the DPA, law, or Aesthetic Hub documentation. Aesthetic Hub may use third-party AI providers, subject to the Privacy Policy, DPA, applicable BAA, and feature disclosures.
As between the parties and to the extent permitted by law, the Business retains its rights in Inputs and owns any rights it may lawfully obtain in Outputs. Aesthetic Hub does not guarantee that Outputs are protectable by intellectual-property law or unique to the Business.
Business Content and Intellectual Property
The Business retains ownership of Business Content. The Business grants Aesthetic Hub and its service providers a nonexclusive, worldwide, royalty-free license during the term, plus a reasonable wind-down period, to host, reproduce, format, display, transmit, and otherwise use Business Content only as necessary to provide, secure, support, and promote the Business through features the Business has activated.
The foregoing license includes the right to adapt Business Content for technical formatting; create thumbnails, previews, backups, and other technical copies; distribute or display content to recipients selected by the Business; and permit Aesthetic Hub’s contractors and service providers to exercise these rights solely to provide, protect, improve, or support the Services. The license continues after termination only for a reasonable wind-down, legal retention, backup, security, dispute, or compliance purpose. To the extent the Business intentionally makes content public through an activated directory, marketplace, hosted page, booking page, or sharing feature, the license continues for as long as that content remains public through the selected feature and for a reasonable removal period.
Aesthetic Hub will not use the Business’s name, logo, client photographs, testimonials, or other identifiable Business Content in Aesthetic Hub advertising, case studies, sponsored campaigns, model training for unrelated customers, or social-media promotion without separate permission, except to display or promote the Business within a directory, marketplace, hosted page, booking feature, or other promotional feature the Business has chosen to activate. A separate written or recorded promotional authorization may specify additional media, duration, channels, and withdrawal terms.
The Business represents and warrants that it owns Business Content or has all rights, licenses, notices, authorizations, and consents necessary for Aesthetic Hub to process and display it. Business Content must not infringe intellectual-property, privacy, publicity, confidentiality, or other rights or violate law.
Aesthetic Hub may remove or restrict content that it reasonably believes violates these Terms or creates legal, security, or platform risk.
Aesthetic Hub and its licensors own the Services, software, interfaces, designs, workflows, documentation, templates supplied by Aesthetic Hub, trademarks, and all related intellectual-property rights. Subject to these Terms and payment of Fees, Aesthetic Hub grants the Business a limited, nonexclusive, nontransferable, nonsublicensable, revocable right to access and use the Services during the subscription term for its internal business operations.
Use Restrictions
The Business and its Authorized Users may not, and may not assist another person to:
- Use the Services for unlawful, fraudulent, deceptive, harassing, discriminatory, exploitative, obscene, dangerous, or abusive activities;
- Sell, rent, sublicense, resell, time-share, or provide the Services to third parties except through an expressly authorized feature;
- Copy, modify, translate, reverse engineer, decompile, disassemble, discover source code, or create derivative works of the Services except to the limited extent a restriction is prohibited by law;
- Access the Services to build, benchmark for publication without permission, or train a substantially similar or competing product;
- Circumvent security, authentication, usage, geographic, payment, or feature restrictions;
- Introduce malware, harmful code, automated attacks, scraping tools, or unreasonable loads;
- Access another account or collect information without authorization;
- Upload unlawful content, payment-card data outside approved fields, PHI outside an authorized HIPAA configuration, or sensitive data that the selected feature is not designed to process;
- Use communications tools without required consent or in violation of carrier, provider, or legal requirements;
- Use AI Features to impersonate a person deceptively, create unlawful discriminatory decisions, provide unreviewed medical advice, or generate infringing or harmful material; or
- Remove proprietary notices or falsely state or imply sponsorship, certification, approval, or partnership by Aesthetic Hub. Aesthetic Hub may investigate suspected violations and may suspend, limit, remove, preserve, or disclose information when reasonably necessary to protect the Services, comply with law, enforce these Terms, or prevent harm. Failure to enforce a restriction in one instance is not a waiver.
Third-Party Services and Integrations
The Services may interoperate with services supplied by third parties, including payment processors, communications providers, AI providers, video providers, accounting systems, calendar services, app stores, marketplaces, and embedded components (“Third-Party Services”). Third-Party Services may require separate accounts and acceptance of their terms and privacy practices.
Aesthetic Hub does not control Third-Party Services and is not responsible for their acts, omissions, availability, security, pricing, changes, or data practices. The Business authorizes Aesthetic Hub to exchange information with a Third-Party Service when the Business activates or directs an integration.
The Business may need to disconnect an integration directly with the third party as well as within Aesthetic Hub.
Aesthetic Hub may add, replace, suspend, or discontinue an integration when necessary for security, compliance, provider changes, or service operation. To the maximum extent permitted by law, Third-Party Services are provided on an “as available” basis without warranties from Aesthetic Hub.
Mobile Applications and App Stores
Aesthetic Hub may make mobile applications available through Apple’s App Store, Google Play, or another application marketplace (each, an “App Store”). Subject to these Terms, Aesthetic Hub grants the Business User a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to download, install, and use the application in object-code form on a compatible device owned or controlled by the Business User, solely to access the Services for the Business’s internal business purposes and as permitted by the applicable App Store usage rules.
These Terms are between the Business or Business User and Aesthetic Hub—not Apple Inc., Google LLC, or another App Store provider. Aesthetic Hub, and not the App Store provider, is responsible for the application, its content, maintenance and support, and addressing claims relating to the application, except to the extent otherwise required by law. No App Store provider has an obligation to furnish maintenance or support for the application.
Use of the application is also subject to the applicable App Store terms and policies. The Business User represents that the person is not located in a country subject to a U.S. government embargo and is not listed on a U.S. government restricted-party list. Apple and its subsidiaries are third-party beneficiaries of this Section with the right to enforce it against users of an iOS application. If these Terms provide less protection to Apple than Apple’s then-current minimum terms for developer end-user license agreements, those required minimum terms apply to the extent necessary.
The application may download and install updates automatically. Carrier, internet, and device charges may apply. Aesthetic Hub does not warrant compatibility with every device, operating-system version, mobile carrier, or accessibility setting.
Buy Now, Pay Later Services
The Services may allow a Business to offer eligible Business Clients financing or buy-now-pay-later payment methods supplied by third parties, which may include Affirm, Klarna, Afterpay/Clearpay, or other providers (“BNPL Services”). Availability, eligibility, limits, underwriting, disclosures, repayment schedules, fees, returns, disputes, and geographic coverage are determined by the applicable provider, payment processor, law, and program terms and may change or be unavailable for particular Businesses, services, products, or clients.
When a Business activates a BNPL Service, the Business must accept and comply with all applicable provider, processor, merchant, marketing, prohibited-business, refund, and transaction terms. Aesthetic Hub is not a lender, creditor, broker, debt collector, or party to the financing agreement between a Business Client and a BNPL provider. Aesthetic Hub does not make credit decisions, guarantee approval, or control the client’s repayment obligations.
The Business is responsible for accurately describing eligible goods and services, making required disclosures, processing refunds and cancellations through the required workflow, and refraining from surcharging or steering where prohibited. A refund from the Business may not immediately cancel or modify a Business Client’s financing obligation; processing and timing are governed by the applicable BNPL provider. Aesthetic Hub may restrict or disable BNPL Services when required by a provider, processor, card network, law, risk determination, or these Terms.
Referral Programs
Aesthetic Hub may offer referral, affiliate, ambassador, partner, promotional-credit, or similar programs (each, a “Referral Program”). Participation is optional and subject to these Terms and any program-specific rules presented when the Business enrolls or participates. Program-specific rules may address eligibility, qualified referrals, attribution, reward form and timing, taxes, disclosure obligations, prohibited promotion methods, geographic limitations, expiration, reversals, and limits.
Participants must make truthful statements, clearly disclose any material connection or incentive as required by law, and may not engage in spam, impersonation, misleading advertising, trademark bidding or domain misuse, self-referrals, duplicate or fictitious accounts, manipulation, or other abuse.
Aesthetic Hub may verify eligibility, withhold or reverse rewards associated with cancellations, refunds, chargebacks, fraud, error, or ineligible activity, and suspend or terminate participation for violation of applicable rules.
Aesthetic Hub may modify, suspend, or discontinue a Referral Program prospectively upon reasonable notice when practicable. No participant is an employee, agent, franchisee, or legal representative of Aesthetic Hub and no participant may bind Aesthetic Hub or make warranties on its behalf. Referral rewards are not guaranteed until all stated qualification requirements are satisfied.
Gift Cards, Packages, Memberships, Retail, and Education
When the Business uses the Services to create or administer gift cards, credits, vouchers, packages, memberships, subscriptions, products, courses, programs, certificates, or enrollments, the Business— not Aesthetic Hub—is the seller, issuer, provider, and administrator unless a written agreement expressly states otherwise.
The Business is solely responsible for descriptions, pricing, inventory, taxes, delivery, fulfillment, expiration, renewal, cancellation, refunds, cash redemption, unclaimed-property obligations, recurring-payment disclosures, education claims, attendance, certificates, and customer service. Aesthetic Hub does not guarantee redemption, performance, regulatory compliance, or the Business’s continued operation.
Confidentiality and Feedback
Each party may receive nonpublic information that a reasonable person would understand to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform or exercise rights under these Terms, protect it using at least reasonable care, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality obligations. Confidential Information does not include information that is lawfully public, already known without restriction, independently developed, or lawfully received from another source.
A party may disclose Confidential Information when required by law, subpoena, or court order if it provides notice where legally permitted and reasonable assistance at the disclosing party’s expense.
Customer Data is the Business’s Confidential Information. The Services’ nonpublic technology, security information, pricing proposals, and product plans are Aesthetic Hub’s Confidential Information.
If the Business provides suggestions, ideas, or feedback about the Services, it grants Aesthetic Hub a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation, provided Aesthetic Hub does not publicly identify the Business as the source without permission.
Security
Aesthetic Hub will maintain reasonable administrative, technical, and organizational safeguards appropriate to the Services and the nature of information processed, as further described in the DPA and any applicable BAA. No system is completely secure, and Aesthetic Hub does not guarantee that unauthorized access, loss, or disruption will never occur.
The Business is responsible for its devices, networks, personnel, Account configurations, access permissions, exports, local copies, and security practices. The Business must promptly cooperate with reasonable security requests and must not publicly disclose a vulnerability before giving Aesthetic Hub a reasonable opportunity to investigate and address it.
Suspension and Termination by Aesthetic Hub
Aesthetic Hub may suspend or restrict access when reasonably necessary to: prevent or address a security threat, fraud, abuse, unlawful activity, harm, or material platform risk; comply with law, a regulator, a court, a provider, or a card network; address nonpayment; protect Business Clients or other users; or investigate a suspected material breach.
Aesthetic Hub may terminate an Account for material breach if the breach is not cured within ten (10) days after notice, where curable. Aesthetic Hub may terminate immediately for fraud, unlawful activity, serious security risk, repeated violations, misuse of sensitive information, conduct threatening others or the Services, insolvency, or a breach that cannot reasonably be cured.
Aesthetic Hub may discontinue the Services generally by providing at least thirty (30) days’ notice when reasonably practicable. If Aesthetic Hub terminates a prepaid subscription for convenience and not because of the Business’s breach, Aesthetic Hub will provide a prorated refund of prepaid Subscription
Fees for the unused period. No refund is due when termination results from the Business’s breach, unlawful conduct, payment failure, or violation of incorporated terms, except where required by law.
Effect of Expiration, Cancellation, or Termination
When access ends, the Business must stop using the Services and all licenses granted to it terminate.
Accrued payment obligations, payment-processing responsibilities, confidentiality, intellectual-property provisions, disclaimers, liability limitations, indemnification, dispute provisions, and any terms that by their nature should survive will remain effective.
Subject to the DPA, applicable BAA, legal retention requirements, security needs, backup cycles, and payment or dispute holds, Aesthetic Hub may retain Customer Data for a limited period after expiration to permit export or restoration and may thereafter delete or de-identify it. The Business is responsible for exporting Customer Data before access ends. Aesthetic Hub does not guarantee recovery after deletion has begun.
Canceling a subscription is not the same as requesting immediate Account deletion. A deletion request may cause loss of access and data before the end of a paid term and ordinarily does not create a refund right.
Copyright Complaints
Aesthetic Hub respects intellectual-property rights and responds to valid notices of claimed copyright infringement under the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe in good faith that material available through the Services infringes a copyright you own or are authorized to enforce, send a written notice to Aesthetic Hub’s Copyright Agent containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed or, for multiple works, a representative list; (c) identification and location of the allegedly infringing material with information reasonably sufficient for Aesthetic Hub to locate it; (d) your name, mailing address, telephone number, and email address; (e) a statement that you have a good-faith belief that the complained-of use is not authorized by the copyright owner, its agent, or law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act for the owner.
If material you submitted was removed or disabled because of a DMCA notice and you believe the removal resulted from mistake or misidentification, you may send a counter-notice containing: (a) your physical or electronic signature; (b) identification of the material removed or disabled and its former location; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled because of mistake or misidentification; (d) your name, address, and telephone number; and (e) your consent to the jurisdiction of the United States District Court for the federal district in which your address is located, or if outside the United States, the United States District Court for the District of Delaware, and your agreement to accept service from the original complainant or its agent.
Aesthetic Hub may forward notices and counter-notices to affected parties, remove or restore material as permitted by law, and terminate Accounts of repeat infringers in appropriate circumstances.
Knowingly making a material misrepresentation in a notice or counter-notice may result in liability under applicable law.
DMCA notices and counter-notices must be sent to: Copyright Agent, Aesthetic Hub Inc., [PHYSICAL COPYRIGHT NOTICE ADDRESS], email: [COPYRIGHT EMAIL], telephone: [TELEPHONE]. This contact is only for copyright notices. Aesthetic Hub must publish the same contact information on its website, register the designation with the U.S. Copyright Office, keep it current, and renew it as legally required before relying on the DMCA safe-harbor process.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, BETA SERVICES, CONTENT, TEMPLATES, OUTPUTS, INTEGRATIONS, AND DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AESTHETIC HUB AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
AESTHETIC HUB DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR COMPATIBLE WITH EVERY DEVICE, LAW, WORKFLOW, OR THIRD-PARTY SERVICE; THAT DEFECTS WILL BE CORRECTED; OR THAT DATA, OUTPUTS, REPORTS, TEMPLATES, OR RESULTS WILL BE ACCURATE, COMPLETE, OR SUITABLE. AESTHETIC HUB DOES NOT WARRANT THE SERVICES, CONDUCT, CREDENTIALS, PRODUCTS, TREATMENTS, OR OUTCOMES OF ANY BUSINESS OR BUSINESS USER.
Nothing in these Terms excludes a warranty or remedy that cannot lawfully be excluded under applicable law.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AESTHETIC HUB, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE “AESTHETIC HUB PARTIES”) WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, OR ANTICIPATED SAVINGS; BUSINESS INTERRUPTION; OR LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AESTHETIC HUB PARTIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID OR PAYABLE BY THE BUSINESS TO AESTHETIC HUB FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12)
MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO LIABILITY.
The exclusions and cap do not apply to liability that cannot lawfully be limited, including liability for fraud or willful misconduct to the extent applicable law prohibits limitation. These limitations apply regardless of legal theory and even if a remedy fails of its essential purpose. The allocation of risk reflected in this Section is an essential basis of the parties’ agreement and pricing.
Indemnification
To the maximum extent permitted by law, the Business will defend, indemnify, and hold harmless the Aesthetic Hub Parties from third-party claims, demands, proceedings, damages, judgments, settlements, penalties, fines, losses, costs, and reasonable attorneys’ fees arising out of or relating to: (a) the Business’s services, treatments, products, courses, transactions, policies, or relationship with a Business Client; (b) Business Content or Customer Data; (c) the Business’s collection or use of personal, health, biometric, or communications data; (d) messages sent by or for the Business; (e) the Business’s violation of law, professional duties, card-network rules, or third-party terms; (f) an Authorized User’s conduct; or (g) the Business’s breach of these Terms, the DPA, a BAA, or incorporated terms.
Aesthetic Hub will promptly notify the Business of an indemnified claim, permit the Business to control the defense and settlement, and provide reasonable cooperation at the Business’s expense. The Business may not settle a claim in a manner that admits fault by, imposes liability on, or requires nonmonetary action from an Aesthetic Hub Party without Aesthetic Hub’s written consent. Aesthetic Hub may participate with counsel of its choice at its own expense.
Informal Dispute Resolution
Before commencing arbitration or permitted court proceedings, a party must send a written Notice of Dispute describing the facts, legal basis, requested relief, and relevant Account information. Notices to The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt. This requirement does not prevent either party from seeking urgent temporary relief to prevent imminent irreparable harm or from filing in small-claims court where eligible.
Binding Individual Arbitration; Class and Jury Waivers
Except for the exclusions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the Business and Aesthetic Hub will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. For a Canadian Business or another cross-border dispute, the AAA’s international division, the International Centre for Dispute Resolution (“ICDR”), may administer the matter under the applicable international rules.
The arbitration will be conducted before one neutral arbitrator in English. Hearings will be conducted remotely by secure video or telephone unless the parties agree otherwise or the arbitrator determines that an in-person hearing is necessary. The legal seat of arbitration will be Wilmington, Delaware, without requiring the parties or witnesses to travel there for a remote hearing. Judgment on the award may be entered in any court with jurisdiction.
Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or preliminary injunctive relief from a court to prevent imminent unauthorized access, security harm, or infringement or misappropriation of intellectual-property or confidential-information rights while arbitration is pending.
THE BUSINESS AND AESTHETIC HUB AGREE THAT EACH MAY BRING CLAIMS ONLY IN ITS OWN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF FOR ANY PERSON OR ENTITY THAT IS NOT A PARTY TO THE INDIVIDUAL ARBITRATION, EXCEPT WITH THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE THAT PROCEEDS IN COURT. If any portion of this Section is found unenforceable for a particular claim, that claim will proceed in the exclusive courts identified below on an individual basis, and the remainder of this Section will remain effective.
Aesthetic Hub must be sent to support@aesthetichubpro.com or 8 The Green, Suite 8, Dover, DE 19901.
Notices to the Business may be sent to the Account Owner’s email or legal-notice contact.
Governing Law and Courts
These Terms and disputes arising from them are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For a dispute permitted to proceed in court, each party consents to the exclusive jurisdiction of the state courts located in New Castle County, Delaware, and the United States District Court for the District of Delaware, except that an eligible small-claims action may be filed in a court with proper jurisdiction.
Nothing in these Terms waives a mandatory right or law that cannot validly be waived, including applicable Canadian federal or provincial requirements. Where a non-waivable law conflicts with these Terms, that law applies only to the extent of the conflict.
Changes to These Terms
Aesthetic Hub may update these Terms from time to time. We will post the revised Terms and update the “Last Updated” date. For a material change, Aesthetic Hub will provide reasonable advance notice through the Account, email, or another appropriate method, except when a change must take effect sooner for security, legal, regulatory, fraud-prevention, or provider reasons.
Unless stated otherwise, revised Terms become effective on the date identified in the notice. Continued use after the effective date constitutes acceptance. If the Business does not agree to a material change, its remedy is to stop using the Services and cancel before the change takes effect. A change will not retroactively alter accrued payment obligations or a dispute of which Aesthetic Hub had written notice before the change.
Electronic Communications and Signatures
The Business consents to receive agreements, disclosures, notices, invoices, renewal information, and other communications electronically. Electronic acceptance, signatures, records, and notices have the same effect as paper versions to the extent permitted by law. The Business is responsible for maintaining current contact information and equipment capable of receiving and retaining electronic communications.
General Provisions
These Terms, together with applicable order forms and incorporated policies, constitute the entire agreement concerning the Services and supersede prior or contemporaneous discussions and understandings on that subject. If an order form signed by both parties conflicts with these Terms, the order form controls for that purchase. Headings are for convenience only. “Including” means “including without limitation.”
The Business may not assign or transfer these Terms, an Account, or rights to the Services without Aesthetic Hub’s prior written consent, except in connection with a bona fide merger or sale of substantially all of the Business’s assets if the successor is not a competitor of Aesthetic Hub and agrees in writing to be bound. Aesthetic Hub may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or transfer to an affiliate or successor.
The parties are independent contractors. These Terms do not create an employment, agency, partnership, joint venture, franchise, fiduciary, or exclusive relationship. Neither party may bind the other except as expressly stated.
A failure or delay to exercise a right is not a waiver. If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations.
Notices from Aesthetic Hub may be delivered to the Account, Account Owner’s email, or address on file and are effective when sent or posted, subject to applicable law. Formal legal notices to Aesthetic Hub must be sent as described below.
Contact Information
Questions about the Services or these Terms may be sent to support@aesthetichubpro.com.
Formal legal notices: Aesthetic Hub Inc., 8 The Green, Suite 8, Dover, Delaware 19901, Attention: Legal; email: support@aesthetichubpro.com.
Privacy inquiries: support@aesthetichubpro.com.