1. Agreement
These Terms of Service (the “Terms”) form a binding agreement between you (the customer) and AivaSpa, Inc. (“AivaSpa”, “we”, “us”). They apply to your use of our website, the AivaSpa chat widget, our dashboard, our APIs, and any related services we make available (collectively, the “Service”). If you do not agree, do not use the Service.
2. Accounts and eligibility
You must be at least 18 years old and authorized to act on behalf of the med spa you represent. You are responsible for everything that happens under your account, including activity by team members you invite. Keep your credentials secure and tell us promptly at hello@aivaspa.online if you suspect any unauthorized access.
3. Subscriptions, billing, and trials
- Plans are billed monthly or annually in advance. The Growth plan includes a 7-day free trial that does not require a credit card.
- Upgrades take effect immediately and are pro-rated. Downgrades take effect at the start of the next billing cycle.
- If you exceed your monthly conversation limit, we will email you a heads-up and add additional conversation packs. You can set a hard cap from your dashboard.
- Fees are non-refundable except where required by law. If you cancel mid-cycle, your plan stays active until the end of the period.
Prices may change for future billing cycles, but we will always give you at least 30 days’ notice before any price change takes effect on your existing plan.
4. Acceptable use
When using AivaSpa, you agree to the following:
- Use the service only for lawful med-spa lead capture and customer communication.
- Provide accurate account, billing, and knowledge-base information.
- Keep your sign-in credentials secure and limit dashboard access to authorized team members.
- Comply with all applicable laws, including HIPAA, FTC advertising guidelines, TCPA, CAN-SPAM, in your jurisdiction.
- Make sure any consent text shown to visitors meets the requirements of your jurisdiction.
- Do not upload knowledge-base content that contains protected health information (PHI) unless you have a signed Business Associate Agreement with AivaSpa in place.
- Do not attempt to reverse-engineer, resell, or white-label the service outside the terms of your plan.
- Do not use AivaSpa to send spam, harass visitors, or impersonate any person or entity.
We may suspend or terminate accounts that violate this section, or that we reasonably believe are being used to harm visitors, customers, or our service.
5. Your content and your visitors
You retain ownership of the content you upload to AivaSpa — your services, FAQs, brand assets, and chat transcripts. You grant us a limited, worldwide, non-exclusive license to host, process, transmit, and display that content solely as needed to provide the Service to you and your authorized team.
You are responsible for the legality of the content you upload and the data you collect through the widget. AivaSpa does not monitor, review, or curate your knowledge base.
6. Compliance and healthcare responsibility
You are solely responsible for determining whether your use of AivaSpa triggers obligations under HIPAA, state medical privacy laws, FTC advertising rules, TCPA, CAN-SPAM, or any other regulation. AivaSpa provides reasonable safeguards (encryption, role-based access, audit logs) but does not represent that the Service is, by itself, HIPAA-compliant for every use case. Read our HIPAA Notice for details.
In particular: do not configure the widget to collect Protected Health Information unless you have a signed Business Associate Agreement (BAA) with AivaSpa and have enabled the corresponding safeguards in your workspace.
7. Third-party services
AivaSpa integrates with third-party services such as OpenAI-compatible AI providers, Google Calendar, Resend (email). Your use of those services is subject to their own terms. We are not responsible for outages, changes, or behavior of third-party services.
8. Cancellation and termination
You can cancel your subscription at any time from the dashboard. Cancellation takes effect at the end of your current billing cycle; you keep access to paid features until then. We may suspend or terminate accounts that violate these Terms, fail to pay, or pose a security risk, with or without notice depending on the severity of the issue.
9. Service availability
We work hard to keep AivaSpa available 24/7. While we target 99.9% uptime on Starter and Growth and 99.95% on Pro, the Service is provided “as available” and may be interrupted by maintenance, upgrades, or events outside our control. Live system status is always available at /status.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS.
No medical advice. AivaSpa is a software service, not a healthcare provider. Nothing the AI says or displays constitutes medical advice, a diagnosis, a recommendation, or a guarantee of outcome.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIVASPA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST LEADS, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO AIVASPA IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
12. Indemnification
You agree to indemnify and hold AivaSpa harmless from any claim brought by a third party (including your visitors, patients, or regulators) that arises out of your content, your configuration of the Service, or your breach of these Terms.
13. Governing law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
14. Changes to these Terms
We may update these Terms from time to time. If the change is material, we will notify you by email or in-product at least 14 days before it takes effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Contact
Questions about these Terms? Email us at hello@aivaspa.online.
AivaSpa, Inc.
hello@aivaspa.online
