Terms of Service

Agreement to Terms

By accessing or using SpaStream ("Service," "Platform," or "Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service. These Terms apply to all users, including healthcare providers, practice administrators, and staff members.

Description of Service

SpaStream provides practice management software designed for medical spas and aesthetic healthcare providers. Our Service includes:

• Client management and electronic health records
• Appointment scheduling and calendar management
• Revenue tracking and payment processing
• Treatment packages and service bundles
• Automated appointment reminders
• AI-powered practice optimization tools
• Compliance and audit logging

User Accounts and Eligibility

Eligibility

You must be at least 18 years old and legally authorized to enter into contracts to use our Service. Healthcare providers must hold valid licenses and credentials as required by applicable law.

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information is accurate and current

Healthcare Provider Responsibilities

As a healthcare provider using our Service, you agree to:

• Comply with all applicable healthcare laws and regulations, including HIPAA
• Maintain appropriate professional licenses and credentials
• Obtain necessary patient consents for treatment and data storage
• Enter accurate and complete patient information
• Use the Service only for lawful healthcare purposes
• Implement appropriate safeguards to protect patient information
• Train staff members on proper use of the Service and HIPAA compliance
• Report any suspected security incidents or breaches immediately

HIPAA and Data Protection

Business Associate Agreement

By using our Service to store Protected Health Information (PHI), you acknowledge that we act as a Business Associate under HIPAA. Our Business Associate Agreement (BAA) is incorporated into these Terms and governs our handling of PHI.

Data Ownership

You retain all rights to your data and patient information. We claim no ownership over any content, data, or information you upload to the Service. You grant us a limited license to process and store your data solely to provide the Service.

Data Security

We implement administrative, physical, and technical safeguards designed to protect your data. However, no system is completely secure, and you acknowledge the inherent risks of electronic data transmission and storage.

Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to our systems or other users' accounts
• Introduce viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble the Service
• Use automated systems to scrape or collect data
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity
• Share your account credentials with unauthorized persons
• Use the Service to send spam or unauthorized communications

Payment and Billing

Subscription Fees

Access to the Service requires a paid subscription. Fees are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all applicable fees.

Refunds

Subscription fees are non-refundable except as required by law or as specifically stated in our refund policy.

Fee Changes

We may change our fees with 30 days' advance notice. Continued use of the Service after fee changes take effect constitutes acceptance of the new fees.

Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by SpaStream and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

"SpaStream" and our logo are trademarks. You may not use our trademarks without prior written consent.

Service Availability and Modifications

We strive to provide reliable service but do not guarantee uninterrupted access. We may:

• Modify, suspend, or discontinue any aspect of the Service
• Perform maintenance that temporarily interrupts service
• Impose limits on features or storage
• Update or change features without notice

Termination

Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.

Termination by Us

We may suspend or terminate your account immediately if you:

• Breach these Terms
• Fail to pay applicable fees
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service or other users

Effect of Termination

Upon termination, your right to use the Service ceases immediately. You remain responsible for all fees incurred before termination. You may request a copy of your data within 30 days of termination, after which we may delete your data according to our retention policy.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OR FREEDOM FROM VIRUSES

We do not provide medical advice. The Service is a tool for practice management only. Healthcare providers are solely responsible for all clinical decisions and patient care.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDSPAFLOW SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• DAMAGES RESULTING FROM SERVICE INTERRUPTIONS OR DATA LOSS
• DAMAGES CAUSED BY THIRD-PARTY SERVICES OR CONTENT

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless SpaStream, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or regulation, or (d) your treatment of patients or provision of healthcare services.

Dispute Resolution

Governing Law

These Terms are governed by the laws of [Your State/Jurisdiction], without regard to conflict of law principles.

Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, except for disputes that may be brought in small claims court. You waive your right to a jury trial and to participate in class actions.

General Provisions

Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes through the Service or by email. Your continued use after changes take effect constitutes acceptance.

Entire Agreement

These Terms, together with our Privacy Policy and BAA, constitute the entire agreement between you and SpaStream.

Severability

If any provision of these Terms is found invalid, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

Contact Information

Questions about these Terms? Contact us: