Terms of Service | Aesthetix Media

These Terms of Service (“Terms”) govern your access to and use of the website aesthetixmedia.com (the “Site”) and the marketing services provided by Aesthetix Media LLC (“Aesthetix Media,” “we,” “us,” or “our”).

By accessing our Site or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

These Terms apply to all visitors, users, and clients of Aesthetix Media.

Services Description

Aesthetix Media is a digital marketing agency that provides marketing services exclusively for med spas and medical aesthetics practices. Our services include, but are not limited to:

Paid Advertising Management: Google Ads and Meta Ads campaign creation, management, and optimization
Search Engine Optimization (SEO): Local SEO, technical SEO, content strategy, and link building
Website Design and Development: Conversion-focused website builds on Webflow
Social Media Management: Content creation, scheduling, and community management
Marketing Automation: Lead capture, nurture sequences, follow-up systems, and CRM setup
Branding: Brand identity development, positioning, and visual design
Funnel and Landing Page Development: Lead generation pages, booking flows, and conversion optimization
Reporting and Analytics: Performance dashboards, ROI tracking, and strategic recommendations

The specific scope of services for each client is defined in a separate service agreement or proposal. These Terms supplement — but do not replace — any individual client agreement.

Use of the Site

Acceptable Use

You agree to use our Site only for lawful purposes and in a manner consistent with these Terms. You agree not to:

Use the Site in any way that violates applicable federal, state, or local laws
Attempt to gain unauthorized access to any part of the Site, its servers, or any connected systems
Introduce viruses, malware, or other harmful code
Scrape, crawl, or use automated tools to extract data from the Site without our written permission
Misrepresent your identity or affiliation when contacting us
Use information obtained from the Site to compete directly with Aesthetix Media

Account Information

If you create an account, book a call, or submit information through our Site, you are responsible for ensuring the accuracy of the information you provide. You agree to update your information as needed to keep it current.

Client Engagements and Payment Terms

Service Agreements

All client engagements are governed by a separate service agreement or proposal that outlines the specific scope of work, deliverables, timelines, and fees. In the event of a conflict between these Terms and a signed service agreement, the service agreement will control.

Payment Structure

Monthly Retainer Services: Billed monthly in advance. Payment is due upon receipt of invoice unless otherwise specified in the service agreement.
One-Time Projects: Billed according to the payment schedule outlined in the project proposal. Typical structure is 50% deposit upon signing, 50% upon completion.
Ad Spend: Advertising budgets are separate from service fees and are paid directly to the advertising platforms (Google, Meta) or as specified in the service agreement.

Month-to-Month Agreements

Unless otherwise stated in a signed service agreement, all recurring services are provided on a month-to-month basis. There are no long-term contracts required.

Late Payments

Invoices not paid within 15 days of the due date may be subject to a late fee of 1.5% per month on the outstanding balance. Aesthetix Media reserves the right to pause or suspend services for accounts with overdue payments exceeding 30 days.

Refunds

Due to the nature of digital marketing services, fees for services already rendered are non-refundable. Unused portions of prepaid services may be refunded at Aesthetix Media's discretion.

Intellectual Property

Our Intellectual Property

All content on the Site — including text, graphics, logos, images, designs, code, and branding — is the property of Aesthetix Media LLC and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our Site content without our written permission.

Client Work Product

Custom Deliverables: Upon full payment, clients receive ownership of custom deliverables created specifically for them, including website designs, ad copy, content, and creative assets, unless otherwise specified in the service agreement.
Templates, Frameworks, and Tools: Aesthetix Media retains ownership of proprietary templates, frameworks, strategies, methodologies, processes, and tools used in delivering services. These may be reused across clients.
Portfolio Rights: Unless a client explicitly opts out in writing, Aesthetix Media retains the right to display anonymized or attributed samples of completed work in our portfolio, case studies, and marketing materials.

Third-Party Content

Some content on our Site may include third-party trademarks, logos, or references. These remain the property of their respective owners and are used for informational purposes only.

Results and Disclaimers

No Guarantee of Results

While we are committed to delivering high-quality marketing services, Aesthetix Media does not guarantee specific results, including but not limited to:

Search engine rankings or positions
Number of leads, calls, or appointments generated
Revenue or ROI figures
Social media follower counts or engagement rates
Ad performance metrics

Marketing outcomes depend on many factors beyond our control, including market conditions, competition, client responsiveness, budget, and the quality of the client's products and services.

Case Studies and Testimonials

Results referenced in case studies, testimonials, or marketing materials reflect the experiences of specific clients under specific circumstances. Past performance does not guarantee future results.

Third-Party Platforms

We rely on third-party platforms (Google, Meta, Webflow, GoHighLevel, etc.) to deliver many of our services. We are not responsible for changes, outages, policy updates, or account suspensions initiated by these platforms.

Limitation of Liability

To the fullest extent permitted by law:

Aesthetix Media's total liability for any claim arising from or related to these Terms or our services shall not exceed the total fees paid by you to Aesthetix Media in the three (3) months preceding the claim.
Aesthetix Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profits, data, or business opportunities, regardless of whether we were advised of the possibility of such damages.
Aesthetix Media is not liable for damages arising from your reliance on any marketing recommendations, strategies, or deliverables provided by us.

Indemnification

You agree to indemnify, defend, and hold harmless Aesthetix Media LLC, its officers, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of:

Your use of our Site or services
Your violation of these Terms
Your violation of any third-party rights
Any content or information you provide to us for use in marketing campaigns
Any claims related to the accuracy of claims made in marketing materials you approved

Termination

By Either Party

Either party may terminate a month-to-month service agreement with 30 days' written notice. Notice should be sent to support@aesthetixmedia.com(for client-initiated termination) or to the client's email on file (for Aesthetix Media-initiated termination).

By Aesthetix Media

We reserve the right to terminate or suspend services immediately, without prior notice, if:

Payment is overdue by more than 30 days
You breach any material term of these Terms or your service agreement
You engage in conduct that is harmful to our reputation, team, or other clients
Continuing the engagement would require us to violate applicable laws or professional ethics

Effect of Termination

Upon termination:

All outstanding invoices become immediately due and payable
We will provide you with any completed deliverables paid for in full
Access to Aesthetix Media tools, dashboards, and accounts will be revoked
Proprietary Aesthetix Media templates, frameworks, and tools must not be continued to be used

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.

Dispute Resolution

In the event of a dispute arising from these Terms or our services:

Informal Resolution: Both parties agree to first attempt to resolve the dispute informally by contacting the other party in writing and allowing 30 days for resolution.
Mediation: If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator in the State of New Mexico before pursuing any other form of dispute resolution.
Litigation: If mediation is unsuccessful, either party may pursue the dispute in the state or federal courts located in New Mexico. Both parties consent to the exclusive jurisdiction of these courts.

Waiver of Class Action

You agree that any dispute will be resolved on an individual basis and not as part of any class, consolidated, or representative action.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any signed service agreement, constitute the entire agreement between you and Aesthetix Media regarding the subject matter herein.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

Aesthetix Media may assign or transfer these Terms and our rights and obligations without restriction. You may not assign your rights or obligations under these Terms without our prior written consent.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party platform failures.

Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last Updated” date at the top of this page. For active clients, we will provide notice of material changes via email.

Your continued use of the Site or services after changes are posted constitutes acceptance of the revised Terms.

Contact Us

If you have questions about these Terms of Service, contact us at:

Aesthetix Media LLC
State of New Mexico, USA
Email: support@aesthetixmedia.com
Website: https://aesthetixmedia.com