TERMS OF SERVICE
Effective Date: April 1, 2026
Last Updated: March 28, 2026
Welcome! These Terms of Service (“Terms”) govern your use of all products and services
operated by Luxe Digital Collective, LLC (“we,” “us,” “our”).
Products covered by these Terms:
● SpotFill – Automated cancellation notification service for medical spas
● Aesthetic Vault – SEO blog content subscription service for medical spas
● Future products operated under Luxe Digital Collective
By creating an account or using any of our services, you agree to these Terms. If you do
not agree, do not use our services.
1. Eligibility & Account Registration
1.1 Who Can Use Our Services
You may use our services if you:
● Are 18 years or older
● Have legal authority to bind your business to a contract
● Operate or work for a legitimate medical spa, aesthetic clinic, or healthcare practice
● Comply with all applicable laws in your jurisdiction
You may NOT use our services if:
● You are under 18 years old
● You’ve been previously banned for violating our terms
● Your business engages in illegal or fraudulent activities
● You cannot legally enter into binding agreements
1.2 Account Registration
To use our services, you must:
● Provide accurate and complete business information
● Verify your email address
● Create a secure password
● Select a subscription plan and provide payment information
● Accept these Terms and our Privacy Policy
False or misleading information may result in immediate account termination.
1.3 Account Security
You are responsible for:
● Keeping your password confidential and secure
● All activity that occurs under your account
● Notifying us immediately of unauthorized access or security breaches
● Using strong, unique passwords
We are NOT liable for:
● Losses due to stolen or compromised credentials
● Unauthorized access caused by your negligence
● Damages from account sharing or weak passwords
1.4 Team Members
You may add team members or staff to your account. You are fully responsible for their
actions, including:
● Content they submit
● Compliance violations they cause
● Damages resulting from their use
2. Service Descriptions
2.1 SpotFill
SpotFill is a SaaS tool that:
● Generates branded Instagram Story graphics for last-minute appointment openings
● Delivers Story download links via SMS and/or email
● Provides customizable templates matching your branding
● Includes suggested FDA-compliant captions and hashtags
SpotFill does NOT:
● Post content directly to your social media accounts (you post manually)
● Guarantee bookings or revenue results
● Provide medical advice or services
● Create patient appointment records
2.1 SpotFill
SpotFill is a SaaS tool that:
● Generates branded Instagram Story graphics for last-minute appointment openings
● Delivers Story download links via SMS and/or email
● Provides customizable templates matching your branding
● Includes suggested FDA-compliant captions and hashtags
SpotFill does NOT:
● Post content directly to your social media accounts (you post manually)
● Guarantee bookings or revenue results
● Provide medical advice or services
● Create patient appointment records
2.2 Aesthetic Vault
Aesthetic Vault is a subscription service that:
● Provides monthly access to curated SEO blog content for medical spas
● Delivers FDA/FTC-compliant blog articles via Google Docs
● Offers exclusive content selection (once you select a blog, it’s removed from library)
● Includes SEO metadata, image suggestions, and formatting
Aesthetic Vault does NOT:
● Publish blogs directly to your website (you copy/paste and publish)
● Guarantee SEO rankings or website traffic
● Provide medical writing or advice
● Create custom content tailored to individual practices
3. Subscription & Billing
3.1 Pricing Plans
SpotFill:
● Standard: $99/month or $950/year
● Founding Member: $99/month locked forever (limited availability)
● Enterprise: $299/month or $2,870/year
Aesthetic Vault:
● Starter: $99/month
● Growth: $179/month
● Dominate: $299/month
Pricing subject to change with 30 days’ notice for new subscribers. Existing subscribers
locked in at their original rate (unless they cancel and re-subscribe).
Taxes:
● All prices exclude applicable sales tax, VAT, GST, or other taxes
● You are responsible for paying all taxes associated with your subscription
● Taxes will be calculated and added at checkout based on your billing address
● If you are tax-exempt, you must provide valid tax exemption certificates
3.2 Billing Cycle
Monthly Plans:
● Billed on the same day each month
● Auto-renews unless canceled
● Charged to your payment method on file
Annual Plans:
● Billed once per year
● Discounted rate compared to monthly
● Auto-renews annually unless canceled
Payment Processing:
● All payments processed securely via Stripe
● We never see or store your full credit card number
● You can update payment method in your account settings
3.3 Failed Payments
If payment fails:
1. We’ll retry charging your card 3 times over 10 days
2. You’ll receive email notifications before each retry
3. If all retries fail, your account will be suspended
4. Suspended accounts lose access to services until payment is resolved
5. Accounts suspended for 30 days may be permanently deleted
To avoid suspension: Keep payment information current and ensure sufficient funds.
3.4 Refund Policy
30-Day Money-Back Guarantee (Monthly Plans Only):
● Monthly plans only: Request a full refund within 30 days of your first payment
● No questions asked
● This is your trial period to ensure our services are right for you
Annual Plans — NO REFUNDS:
● Annual plans are NON-REFUNDABLE for any reason
● No exceptions — all annual plan sales are final immediately upon purchase
● No refunds for early cancellation, dissatisfaction, or any other reason
● If you cancel an annual plan mid-term, access continues until the end of your annual
period (no refund)
● Annual plans are heavily discounted commitments — please ensure you’re ready to
commit before purchasing
After 30 Days (Monthly Plans):
● No refunds for any reason
● No refunds for partial billing periods
● No refunds for unused time after cancellation
● No refunds if you violate these Terms and are terminated
● No exceptions — all sales are final after 30-day guarantee period
To request a refund (monthly plans only): Email support@luxe.dezysolutions.com with your
order number within 30 days of first payment.
3.5 Cancellation
30-Day Cancellation Notice Required:
To cancel your subscription, you must provide 30 days advance written notice.
How to cancel:
● Email support@luxe.dezysolutions.com with “Cancel Subscription” in subject line
● Or log into your account → Settings → Billing → Cancel Subscription
● Your cancellation notice date will be recorded
What happens when you cancel:
Monthly Plans:
● You must give 30 days notice before your next billing date
● You will be charged for the next billing cycle after you submit notice
● Example: If you cancel on April 15 and your next billing date is April 20, you’ll be billed
on April 20 and your access ends May 20 (30 days later)
● If you cancel on April 15 and your next billing date is May 1, you’ll be billed on May 1 and
your access ends May 31 (30 days later)
Annual Plans:
● You must give 30 days notice before your annual renewal date
● If you cancel mid-term, access continues until the end of your annual period (no refund)
● No renewal charge if you cancel at least 30 days before renewal date
After Cancellation:
● Auto-renewal is turned off
● No refund for the 30-day notice period or unused time
● Account data deleted 90 days after access ends (unless you request immediate
deletion)
Exception — 30-Day Money-Back Guarantee (Monthly Plans Only):
If you’re on a monthly plan and within your first 30 days as a new customer, you can request
an immediate cancellation with full refund (no 30-day notice required).
Annual Plans:
● NO refunds, even if you cancel within 30 days
● You must still provide 30 days notice if canceling before renewal
● Access continues until end of annual term
No cancellation fees beyond the required 30-day notice period.
4. Acceptable Use Policy
4.1 Permitted Use
You may use our services to:
● Promote legitimate, licensed medical spa services
● Market FDA-approved treatments and products
● Fill last-minute appointment openings (SpotFill)
● Publish SEO content on your website (Aesthetic Vault)
● Grow your practice through compliant marketing
4.2 Prohibited Use
You may NOT:
Violate Laws:
● FDA regulations (medical device marketing, drug claims)
● FTC rules (deceptive advertising, endorsements)
● HIPAA (sharing patient PHI without consent)
● TCPA (unsolicited text messages)
● State medical board regulations
● Copyright or trademark laws
Make False or Misleading Claims:
● Guaranteed results (“100% wrinkle elimination”)
● Unapproved medical claims (“treats migraines,” “cures acne”)
● Before/after photos without disclaimers
● Fake testimonials or reviews
● Exaggerated efficacy (“miracle treatment”)
Include Protected Health Information (PHI):
● Patient names, birthdates, or medical record numbers
● Diagnoses or medical histories
● Treatment details linked to identifiable patients
● Photos of patients without proper written consent
IMPORTANT — Patient Images:
● We do NOT use, access, or store patient images
● YOU upload and manage any patient images yourself (if you choose to use them)
● YOU are 100% responsible for obtaining proper written consent before using patient
images
● YOU must ensure all patient photos comply with HIPAA, state laws, and patient consent requirements
● We provide tools; YOU control what images you use and how you use them
Abuse the Service:
● Excessive API calls or automated scraping
● Reverse engineering our software
● Reselling our services as your own
● Creating multiple accounts to circumvent limits
● Using services for spam or unsolicited marketing
Promote Illegal Services:
● Unapproved drugs or devices
● Black market treatments (e.g., counterfeit Botox)
● Services requiring medical licenses you don’t have
● Treatments banned in your jurisdiction
● Off-label use of prescription drugs or medical devices
● Prescription-only products advertised directly to consumers (without proper disclaimers)
● Services in states/jurisdictions where you are not properly licensed
4.3 Enforcement
Violations may result in:
● Warning and requirement to remove content
● Temporary account suspension
● Permanent account termination (no refund)
● Legal action for serious violations
We reserve the right to remove content or terminate accounts immediately for serious
violations.
5. YOUR Compliance Responsibilities
THIS IS THE MOST IMPORTANT SECTION. READ CAREFULLY.
5.1 You Are Solely Responsible For Compliance
By using our services, you agree that YOU (not us) are 100% responsible for:
FDA/FTC Compliance:
● Ensuring all marketing claims are truthful and substantiated
● Including required disclaimers (“Results may vary,” “Individual results not guaranteed”)
● Not making unapproved medical claims about treatments
● Following FDA advertising regulations for medical devices
● Complying with FTC endorsement and testimonial rules
HIPAA Compliance:
● Obtaining proper patient consent before posting any information
● Not including PHI in content submissions
● Training your staff on HIPAA-compliant use of our tools
● Implementing your own HIPAA safeguards
● Ensuring your use of our services complies with HIPAA Security and Privacy Rules
Medical Board Compliance:
● Following your state medical board’s advertising regulations
● Ensuring you’re licensed to perform advertised services
● Maintaining professional standards in all marketing
● Complying with scope of practice limitations
Social Media Platform Rules:
● Following Instagram, Facebook, TikTok community guidelines
● Complying with platform advertising policies
● Not posting prohibited medical content
● Obtaining platform approval for healthcare advertising (if required)
Copyright & Trademark:
● Only using images, logos, and content you own or have licensed
● Not infringing on others’ intellectual property
● Obtaining proper rights to use treatment names and brand names
Healthcare-Specific Compliance:
● Not promoting off-label use of FDA-approved drugs or devices
● Including all required disclaimers on before/after photos
● Obtaining proper written consent for patient testimonials and photos
● Following FTC testimonial and endorsement disclosure rules
● Only advertising services you are licensed to perform in your jurisdiction
● Not making disease claims about cosmetic treatments
● Complying with state-specific medical advertising regulations
5.2 We Provide Tools, NOT Legal Advice
Our services are marketing tools, not compliance guarantees:
● SpotFill captions are suggested language, not legal advice. You must review and
modify as needed.
● Aesthetic Vault blogs are written for general compliance, but you must ensure they’re
appropriate for your specific practice and jurisdiction.
● We are NOT lawyers and do not provide legal or medical advice.
● You should consult your own attorney for compliance questions.
5.3 You Review & Approve All Content Before Posting
You have final approval over all content:
● SpotFill: We generate graphics and captions, but YOU decide whether to post them
● Aesthetic Vault: We provide blog content, but YOU decide whether to publish it
● You must review all content for accuracy, compliance, and appropriateness before use
● We do NOT review, approve, or monitor your content before you post it
If you post non-compliant content using our tools, that’s YOUR responsibility, not ours
5.4 We Are Not Liable For Your Violations
f you violate laws or regulations using our services:
● You face the consequences (fines, enforcement actions, lawsuits)
● We are NOT liable for your violations
● You agree to indemnify us (cover our costs if we’re sued because of your actions)
● We may terminate your account to protect ourselves
5.4 We Are Not Liable For Your Violations
6.1 Your Content
You retain ownership of:
● Your business name, logo, and branding
● Photos and images you upload (including any patient images)
● Content and information you submit
● Your patient records and business data
Patient Images:
● We do NOT use, access, view, or store patient images
● Any patient images you upload or use are YOUR responsibility
● YOU must obtain proper written consent from patients before using their images
● YOU are solely responsible for HIPAA compliance regarding patient images
● We are NOT liable for your use of patient images without proper consent
6.2 Our Content
We own:
● The software platforms (SpotFill, Aesthetic Vault)
● Our branding, logos, and trademarks
● Code, algorithms, and proprietary technology
● Templates, design elements, and graphics we create
● Blog content library (Aesthetic Vault)
6.3 License You Grant Us
By using our services, you grant us a limited, non-exclusive license to:
● Process your branding (logos, colors) to generate graphics (SpotFill)
● Store your content on our servers
● Display your content in your account dashboard
● Use your data to provide and improve our services
We will NOT:
● Use your branding for our marketing without permission
● Share your content with competitors
● Claim ownership of your intellectual property
● Sell or license your content to third parties
6.4 License We Grant You
SpotFill:
● You have full rights to use the Instagram Story graphics we generate for you
● Use them on any platform (Instagram, Facebook, TikTok, etc.)
● Modify them if needed
● You may NOT resell or redistribute them to other businesses
Aesthetic Vault:
● You have a non-exclusive license to use selected blog content on your website
● You may edit and customize blogs for your practice
● Once you select a blog, it’s removed from the library (exclusive to you among
Aesthetic Vault subscribers)
● You may NOT resell blogs to other practices or claim authorship credit
● You may NOT redistribute blogs to competitors
Adobe Stock Images (Aesthetic Vault):
● Blog image suggestions include licensed Adobe Stock images that we’ve purchased
● You may use these images ONLY in connection with the blog content we provide
● You may NOT use Adobe Stock images for other purposes (separate marketing,
unrelated blogs, social media, etc.)
● You may NOT share, resell, or redistribute Adobe Stock images to third parties
● You are responsible for complying with Adobe Stock’s Standard License terms
● We are NOT liable if you misuse Adobe Stock images in violation of their license
● If you want to use images beyond our blog content, you must purchase your own Adobe
Stock license
7. SMS Notifications (SpotFill Only)
7.1 Opt-In Consent Required
SMS notifications are optional. To receive SMS:
● You must explicitly opt-in during registration or in account settings
● You’ll see consent language clearly stating message types and frequency
● You’ll receive a confirmation SMS
7.2 Message Types
If you opt-in, you’ll receive:
● Story download links (SpotFill)
● Submission confirmations
● Account alerts (payment failures, security notices)
● Service updates (new features, maintenance)
Message frequency: Varies (typically 1-20 messages/month)
Carrier charges: Standard messaging rates apply
7.3 Opt-Out Anytime
Text STOP to unsubscribe, or update settings in your account.
7.4 SMS Disclaimers
We use Twilio for SMS delivery. We are NOT responsible for:
● Carrier delays or delivery failures
● Messages sent to landlines or unsupported numbers
● Costs from your mobile plan
● SMS functionality during carrier outages
8. Third-Party Integrations
Our services integrate with third-party platforms:
SpotFill:
● Mindbody, Square, Vagaro (booking system webhooks)
● Placid (graphic generation)
● Twilio (SMS)
● SendGrid (email)
● Stripe (payments)
Aesthetic Vault:
● Google Drive (content delivery)
● Stripe (payments)
We are NOT responsible for:
● Third-party service outages or downtime
● Third-party data breaches or security failures
● Third-party policy changes
● Integration errors caused by third-party API changes
● Costs or fees charged by third parties
● Loss of functionality if third-party APIs are discontinued or modified
● Data syncing errors between your booking system and our services
● Unauthorized access to your booking system credentials
You are responsible for:
● Maintaining your own accounts with third-party services
● Complying with third-party terms of service
● Any costs associated with third-party services
● Securing your API credentials and access tokens
● Ensuring your booking system integration remains authorized and active
● Notifying us if you revoke API access or change booking systems
API Integration Specific (SpotFill):
● You grant us permission to access your booking system data (appointment times,
treatment types, cancellations) via API
● You are responsible for ensuring this API access complies with your booking system’s
terms of service
● You must have proper authority to grant API access to your booking system account
● We will only access the minimum data necessary to provide SpotFill services
(cancellation notifications)
● You can revoke API access anytime, but SpotFill will cease functioning until reconnected
● We are NOT liable if your booking system terminates your account due to API integration
9. Service Availability & Limitations
9.1 Uptime Goal
We strive for 99% uptime but make no guarantees.
9.2 Scheduled Maintenance
We may perform scheduled maintenance:
● Typically during off-peak hours
● Notice provided when possible
● Emergency maintenance may occur without warning
9.3 Service Limitations
SpotFill:
● Graphics typically delivered in under 60 seconds (may vary during high traffic)
● SMS delivery depends on carrier networks (not guaranteed)
● Fair use policy applies (excessive usage may be throttled)
Aesthetic Vault:
● Blog selection is first-come, first-served
● Once a blog is selected by another subscriber, it’s unavailable to you
● New content added monthly (timing may vary)
9.4 No Guarantee of Results
We do NOT guarantee:
● Specific revenue or booking increases
● SEO rankings or website traffic
● Social media engagement or follower growth
● Appointment fill rates
● Return on investment (ROI)
Results vary based on your practice, location, marketing skills, social media following, and
many other factors beyond our control.
10. DISCLAIMERS & LIMITATIONS OF LIABILITY
READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY.
10.1 "AS IS" Service
Our services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind,
express or implied.
We disclaim all warranties, including:
● Merchantability
● Fitness for a particular purpose
● Non-infringement
● Accuracy, reliability, or completeness
● Uninterrupted or error-free operation
10.2 Medical Disclaimer
IMPORTANT: We do NOT provide medical services or advice.
● We are a marketing and content platform, not a healthcare provider
● We do NOT diagnose, treat, prescribe, or provide medical advice
● We are NOT responsible for patient safety or medical outcomes
● We do NOT review or approve your medical practices
● We are NOT liable for medical malpractice or patient harm
You are solely responsible for:
● All medical services your practice provides
● Patient safety and care standards
● Obtaining proper informed consent from patients
● Maintaining medical licenses and credentials
● Following medical best practices and standards of care
10.3 Compliance Disclaimer
We do NOT guarantee compliance with any laws or regulations.
● Blog content and captions are written for general compliance guidance, not legal
certainty
● Laws vary by state, jurisdiction, and specialty
● Regulations change frequently
● You must review all content with your own legal counsel
● We are NOT liable for FDA, FTC, HIPAA, or other enforcement actions against you
10.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
We are NOT liable for:
● Lost revenue, profits, or business opportunities
● Damages from service outages, bugs, or errors
● SMS delivery failures or email non-delivery
● Social media account suspensions or bans
● FDA, FTC, HIPAA, or medical board enforcement actions against you
● Patient harm or medical malpractice claims
● Data breaches by third-party providers
● Copyright or trademark infringement claims based on your use
● Indirect, incidental, consequential, special, or punitive damages
Our total liability is limited to the amount you paid us in the past 12 months.
If you paid $99/month for 12 months, our maximum liability is $1,188. No exceptions.
Some jurisdictions don’t allow liability limitations, so these may not apply to you.
11. INDEMNIFICATION (You Protect Us)
This is critical. By using our services, you agree to protect us from legal claims.
11.1 What You Indemnify Us For
You agree to indemnify, defend, and hold harmless Luxe Digital Collective, LLC, its owners,
employees, contractors, and affiliates from:
Claims arising from:
● Your use or misuse of our services
● Your violation of these Terms
● Your violation of any laws or regulations
● FDA/FTC enforcement actions based on your marketing
● HIPAA violations from your data handling
● Medical malpractice or patient harm claims
● Copyright, trademark, or IP infringement based on your content
● Defamation, false advertising, or deceptive practices
● Your employees’ or team members’ actions
11.2 What This Means
In plain English:
If someone sues us because of something YOU did using our services, you agree to:
● Pay our legal fees and costs
● Cover any damages or settlements
● Defend us in court if necessary
● Reimburse us for any losses
Example scenarios:
● A patient sues us claiming your SpotFill post violated HIPAA → You cover our legal costs
● FDA sends us a warning letter about your Aesthetic Vault blog → You handle it and
cover our costs
● A competitor sues us for copyright infringement based on your logo → You defend us
This indemnification survives even after you cancel your account.
12. Termination
12.1 You Can Cancel Anytime
See Section 3.5 for cancellation process.
12.2 We Can Terminate For Cause
See Section 3.5 for cancellation process.We may suspend or terminate your account if you:
● Violate these Terms or our Acceptable Use Policy
● Engage in fraudulent activity or payment disputes
● Abuse our services or systems
● Fail to pay (after retry period)
● Create legal liability or risk for us
● Receive multiple complaints from patients or competitors
● Are subject to FDA/FTC enforcement actions
Notice:
● We’ll provide 7 days’ notice when possible
● Immediate termination for serious violations (fraud, illegal activity, major compliance
violations)
12.3 Effect of Termination
When your account is terminated:
● Access to services ends immediately
● No refunds for unused time (except 30-day guarantee)
● Your data deleted within 90 days (request immediate deletion if needed)
● Outstanding invoices remain due
● Your indemnification obligations survive
13. Dispute Resolution
13.1 Informal Resolution First
Before filing a lawsuit or arbitration:
● Contact us at support@luxe.dezysolutions.com
● Describe the issue in detail
● Give us 30 days to resolve informally
Most disputes can be resolved quickly through customer support.
13.2 Binding Arbitration
If informal resolution fails, disputes will be resolved through BINDING ARBITRATION, not
court.
Arbitration Rules:
● Administered by American Arbitration Association (AAA)
● One arbitrator, mutually agreed upon (or selected by AAA)
● Held in Los Angeles County, California (or remotely via video)
● Each party pays own attorney fees and costs
● Arbitrator’s decision is final and binding
Exceptions (can be brought in court):
● Small claims court (under $10,000)
● Injunctive relief for intellectual property violations
13.3 CLASS ACTION WAIVER
You waive the right to participate in class actions, class arbitrations, or representative
actions.
All disputes must be brought individually, not as part of a class.
You cannot join your claim with other users’ claims.
If this waiver is found unenforceable, the entire arbitration provision is void (disputes go
to court).
14. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of California, without regard to conflict
of law principles.
For court proceedings (if not arbitrated):
● Exclusive jurisdiction: Los Angeles County, California
● You consent to personal jurisdiction in California courts
● You waive any objection to venue in California
15. Changes to These Terms
We may update these Terms from time to time.
How we notify you:
● Updated Terms posted at luxedigitalcollective.co/terms
● New “Effective Date” at the top
● Email notification for material changes
● In-app notice in your dashboard
Material changes will be effective 30 days after notice.
Continued use after changes = acceptance. If you disagree:
● Cancel your account before changes take effect
● No refund unless within 30-day guarantee period
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you
and Luxe Digital Collective.
No other agreements, representations, or warranties apply.
16.2 Severability
If any provision is found invalid or unenforceable, the rest of these Terms remain in effect.
16.3 No Waiver
Our failure to enforce a right doesn’t waive that right. We can still enforce it later.
16.4 Assignment
You cannot transfer your account or these Terms to another person or business.
We may assign these Terms (e.g., if we’re acquired or merge with another company). You’ll be
notified of any assignment.
16.5 Force Majeure
We’re not liable for delays or failures due to events beyond our reasonable control:
● Natural disasters (earthquakes, fires, floods)
● Pandemics or public health emergencies
● War, terrorism, or civil unrest
● Cyberattacks or infrastructure failures
● Government actions or regulations
● Third-party service outages
16.6 Survival
The following sections survive termination:
● Your Compliance Responsibilities (Section 5)
● Disclaimers & Limitations of Liability (Section 10)
● Indemnification (Section 11)
● Dispute Resolution (Section 13)
● Governing Law (Section 14)
17. Contact Us
Questions about these Terms?
Email:
support@luxe.dezysolutions.com
Mail:
Luxe Digital Collective, LLC
Attn: Legal Department
9100 Wilshire Blvd., East Tower
Suite 333 PMB 1119
Beverly Hills, CA 90212
Websites:
● luxedigitalcollective.co
● spotfill.co
● aestheticvault.co
Response Time: We aim to respond to all inquiries within 2 business days.