Terms of Service

1. Agreement to These Terms

The Service is operated by Magerience LLC, a Kentucky limited liability company doing business as “Aesthetic AI Marketing” (“we,” “us”). These Terms are a binding agreement between us and the practice or business you represent (“you”). By creating an account or using the Service you accept these Terms and represent that you have authority to bind that practice. The Service is for business use by professional practices — it is not offered to consumers. If you do not agree, do not use the Service.

2. The Service

A done-for-you social media marketing service for aesthetic and medical practices, featuring an AI assistant named Mila. The Service connects to your Facebook and Instagram accounts, creates marketing content (posts, images, captions, and reels), schedules and publishes that content on your behalf per your approval and automation settings, and reports on performance. We may improve, add, or change features over time.

3. Accounts and Eligibility

You must be at least 18 and use accurate information. You are responsible for safeguarding access to your account, for the team members you invite, and for all activity under your account. Sign-in is via your Facebook account or email credentials; keep them secure and tell us promptly about any unauthorized use.

4. Subscriptions, Free Trials, and Billing

The Service is a paid subscription, billed per practice (brand). Payments are processed by Stripe; we do not store your full card details. Your fee, billing interval, and any free-trial terms are presented when you subscribe and are always available in Settings → Billing, which opens your secure billing portal. Subscriptions renew automatically until cancelled. You can cancel anytime in the billing portal; cancellation takes effect at the end of the current billing period, and except where the law requires otherwise we do not refund partial periods. If you cancel during a free trial before it ends, you will not be charged. We may change pricing with at least 30 days’ notice; changes apply from your next billing period. Failed payments may lead to suspension of the Service after notice.

5. Your Content and Consents

“Your Content” is everything you provide: photos, videos, testimonials, reviews, team information, brand assets, and practice details. You own Your Content. You grant us a non-exclusive license to host, process, adapt (for example, formatting or enhancement), and publish Your Content on your behalf through the Service and your connected social accounts, for as long as your account is active. You represent and warrant that you have all rights needed to Your Content, and that for any patient-identifiable material — including before/after photos and testimonials — you have obtained, and keep on file, appropriate written patient consent before providing it to the Service. Do not submit protected health information; the Service is a marketing tool, not a medical-records system, and we are not a HIPAA business associate. We may decline or remove content that we reasonably believe violates these Terms, the law, or platform policies.

6. AI-Generated Content

The Service generates content using third-party AI providers, including OpenAI and Anthropic. AI output can be inaccurate, incomplete, or imperfect. The Service is built around your review: you can review, edit, and approve content before it publishes, and your automation settings control what publishes without a per-post approval — either way, you are responsible for the content published to your accounts. To the extent we hold any rights in content generated for you, we assign or license those rights to you for your practice’s marketing use. We do not guarantee that generated content is unique across the internet or across customers, or that it is free of third-party claims.

7. Third-Party Platforms

The Service depends on third-party platforms, most importantly Meta’s Facebook and Instagram APIs. You must comply with Meta’s terms and policies for your connected accounts. We do not control — and are not responsible for — platform availability, API or policy changes, rate limits, feature removals, or actions platforms take against your accounts. If a platform change limits or breaks a Service feature, that is not a breach of these Terms; we will work to adapt. You can disconnect your social accounts at any time in Settings.

8. Acceptable Use

You agree not to:

• use the Service for anything unlawful, deceptive, or infringing;
• publish false or misleading claims, including health or outcome claims prohibited by advertising rules;
• submit protected health information or content lacking required consents;
• interfere with, probe, or disrupt the Service;
• reverse engineer, scrape, or copy the Service or its models and prompts;
• resell or provide the Service to third parties (each subscription covers one practice/brand);
• circumvent security, usage limits, or billing.

9. Professional Responsibility; No Medical Advice

The Service provides marketing assistance, not medical, legal, or compliance advice. You are responsible for ensuring your published content complies with the laws and professional rules that apply to your practice — including FTC endorsement and advertising rules, state medical-board advertising regulations, and platform ad policies.

10. Our Intellectual Property

The Service — including its software, design, Mila, and our trademarks — belongs to us and our licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service while you have an active subscription. If you send us feedback or suggestions, we may use them without obligation to you.

11. Term and Termination

These Terms apply while you use the Service. You may stop using the Service and cancel your subscription at any time (Section 4). We may suspend or terminate your access if you materially breach these Terms, fail to pay, or if providing the Service to you creates legal or platform risk — with notice where practical. On termination, publishing stops and your access ends or becomes read-only; your information is handled as described in our Privacy Policy, and you may request deletion at any time. Sections that by their nature should survive (including 5, 6, and 10–15) survive termination.

12. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Marketing results vary: we do not guarantee any particular outcome — followers, engagement, patient volume, or revenue. We do not warrant that the Service will be uninterrupted or error-free.

13. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenues. Our total liability for all claims relating to the Service is limited to the amounts you paid us in the 12 months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

You will defend and indemnify us against third-party claims arising from Your Content (including any failure to obtain patient consent), your use of the Service in violation of these Terms or the law, or your violation of platform terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law rules. The state and federal courts located in Fayette County, Kentucky have exclusive jurisdiction over disputes relating to these Terms, and each party consents to venue there.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email before they take effect. Continuing to use the Service after changes take effect means you accept them. The “Last updated” date above reflects the most recent revision.

17. Apple App Store

The Aesthetic AI Marketing iOS app is one way to access the Service. Your download and use of the app from the App Store are additionally subject to Apple’s standard Licensed Application End User License Agreement. Apple is not a party to these Terms and has no obligation to provide support or warranty services for the Service.

18. Contact Us

Questions about these Terms: michael@aestheticaimarketing.com.

Magerience LLC
d/b/a Aesthetic AI Marketing
348 E Main St
Lexington, KY 40515
United States