Terms of Service

By accessing or using Aesthetika (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms form a legally binding agreement between you ("Client," "you," or "your") and MindFractal Media Inc. ("Aesthetika," "we," "us," or "our"), a company incorporated under the laws of British Columbia, Canada.

If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Service.

Aesthetika is an AI-powered booking and client operations platform built for beauty and wellness businesses. The Service includes:

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

To access the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify us immediately at info@aesthetika.io of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect your login credentials.

You must be at least 18 years of age and have the legal authority to enter into a binding contract to register for and use the Service.

The Service is offered on a subscription basis, billed monthly or annually. Pricing is available in both United States Dollars (USD) and Canadian Dollars (CAD); the currency displayed when you subscribe is the currency that applies to your account. Current plan pricing is listed on our website and may be updated with 30 days' notice to existing subscribers.

By providing a payment method, you authorize us to charge the applicable subscription fees on a recurring monthly basis on your billing anniversary date. All payments are processed by Finix. We do not store your card information directly.

Subscription fees are non-refundable except as described in Section 6 (Cancellations and Refunds) or as required by applicable law. Failure to pay may result in suspension or termination of your account.

We reserve the right to change our pricing with at least 30 days' written notice. Your continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

We may offer a free trial period at our sole discretion. During the trial, you will have access to a specified subset of the Service at no charge. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends.

We reserve the right to modify or terminate free trial offers at any time without notice. Only one free trial is permitted per business entity.

You may cancel your subscription at any time by contacting us at info@aesthetika.io or through your account dashboard. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of the period for which you have paid.

We offer a 30-day money-back guarantee for new subscribers on their first payment. If you are not satisfied with the Service within the first 30 days, contact us and we will issue a full refund of your first month's fee. This guarantee applies once per business and does not apply to subsequent billing periods or plan upgrades.

No refunds are issued for partial months or unused features outside of the 30-day guarantee window, except where required by applicable Canadian consumer protection legislation.

You agree to use the Service only for lawful purposes and in a manner consistent with these Terms. You must not:

We reserve the right to suspend or terminate accounts that violate these acceptable use requirements without prior notice.

All rights, title, and interest in and to the Service — including all software, AI models, workflows, designs, text, graphics, and documentation — remain exclusively with MindFractal Media Inc. These Terms do not grant you any ownership rights in the Service.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your active subscription, solely for your internal business operations and in accordance with these Terms.

You retain ownership of all data and content you upload to or generate through the Service ("Your Content"). You grant us a limited licence to use Your Content solely to provide and improve the Service. We will not use Your Content for any other purpose without your consent.

You may not use our name, logos, trademarks, or branding without our prior written permission.

Our collection and use of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that your use of the Service complies with all applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Information Protection Act (PIPA) of British Columbia, and Canada's Anti-Spam Legislation (CASL). This includes obtaining all necessary consents from your clients before using the Service to communicate with them.

We act as a data processor on your behalf with respect to your clients' personal data. You remain the data controller and are responsible for the lawfulness of any processing instructions you provide to us.

Each party may have access to confidential information of the other party in connection with these Terms ("Confidential Information"). Each party agrees to: (a) keep the other party's Confidential Information confidential using at least the same degree of care it uses to protect its own confidential information (no less than reasonable care); (b) use the Confidential Information only as necessary to perform obligations under these Terms; and (c) not disclose the Confidential Information to any third party without prior written consent, except to employees or contractors with a need to know who are bound by confidentiality obligations no less protective than these Terms.

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was already known to the receiving party at the time of disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice where legally permitted.

The Service integrates with third-party platforms including Meta (Facebook, Instagram), Telnyx (SMS), Finix (payments), Resend (email), and Anthropic (AI). Your use of these integrations is also subject to the third parties' respective terms of service and privacy policies.

We are not responsible for the availability, accuracy, or conduct of any third-party service. We will not be liable for any loss or damage caused by your reliance on any third-party service integrated with Aesthetika.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

We do not warrant that the AI components of the Service will produce accurate, complete, or appropriate results in all circumstances. AI-generated responses should be reviewed by a human before being acted upon in critical situations. We are not responsible for any errors, omissions, or actions taken by the AI booking agent on your clients' behalf.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDFRACTAL MEDIA INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless MindFractal Media Inc. and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your communications with your clients through the Service.

These Terms are effective from the date you first access or use the Service and continue until your subscription is terminated.

Either party may terminate these Terms by cancelling the subscription in accordance with Section 6. We may terminate or suspend your account immediately, without notice or liability, if you materially breach these Terms, if we are required to do so by law, or if we determine that continued provision of the Service poses a risk to other users or to us.

Upon termination: (a) all licences granted to you under these Terms immediately cease; (b) you must stop using the Service; (c) we may delete Your Content from our systems after a 30-day grace period, unless we are required by law to retain it. You are responsible for exporting your data before termination.

Sections 8 (Intellectual Property), 10 (Confidentiality), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 17 (Governing Law) survive termination of these Terms.

We may update these Terms at any time. Material changes will be communicated to you via email to the address associated with your account at least 14 days before they take effect. Non-material changes (such as clarifications or corrections) may be made without prior notice.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must cancel your subscription before the effective date.

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms shall first be submitted to good-faith negotiation between the parties. If a dispute cannot be resolved by negotiation within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of British Columbia, Canada. You irrevocably consent to the personal jurisdiction of such courts.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and MindFractal Media Inc. with respect to the Service and supersede all prior agreements, representations, and understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision in the future.

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Language. These Terms are written in English. Any translation is provided for convenience only. In case of conflict, the English version governs.

Force Majeure. Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, pandemics, government actions, or failures of third-party services.

Questions or concerns about these Terms of Service: