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IDENTITY AESTHETIC CENTER

Terms Of Service

Terms Of Service

Below is a professional and compliant "Terms of Service" (ToS) page tailored for a service that involves sending mass text messages. This ToS is written to align with general legal standards in the United States, including compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and other relevant regulations. However, please note that laws vary by jurisdiction, and you should consult a legal professional to ensure full compliance with local, state, and federal regulations specific to your situation.

Terms of Service

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Last Updated: March 11, 2025

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Welcome to Identity Aesthetics PLLC, DBA Identity Aesthetic Center and/or 713Botoxme.com ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our mass text messaging service (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Service.

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1. Acceptance of Terms

By subscribing to or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy https://www.713botoxme.com/privacy-policy. These Terms apply to all users, including individuals, businesses, or other entities ("you" or "your").

2. Description of Service

[Your Company Name] provides a platform that allows you to send mass text messages to recipients for purposes such as marketing, notifications, or informational campaigns. The Service is subject to these Terms and all applicable laws and regulations.

3. Eligibility

To use the Service, you must:

  • Be at least 18 years old or the age of majority in your jurisdiction.

  • Have the legal authority to enter into these Terms.

  • Comply with all applicable laws, including those related to telecommunications and privacy.

4. Compliance with Laws

You agree to use the Service in full compliance with all applicable local, state, national, and international laws, including but not limited to:

  • The Telephone Consumer Protection Act (TCPA): You must obtain prior express written consent from recipients before sending text messages, including autodialed or pre-recorded messages, unless an exemption applies.

  • The CAN-SPAM Act: You must include a clear opt-out mechanism in all commercial messages and honor opt-out requests promptly.

  • The CTIA Messaging Principles and Best Practices: You must adhere to industry standards for SMS messaging.

  • Any other applicable telecommunications, privacy, or consumer protection laws in your jurisdiction.

We reserve the right to terminate your access to the Service if we determine, in our sole discretion, that you have violated any applicable law or these Terms.

5. User Responsibilities

When using the Service, you agree to:

  • Obtain Consent: Secure prior express written consent from all recipients before sending text messages, as required by law. Consent must be clear, unambiguous, and documented.

  • Provide Opt-Out Options: Include a clear and functional opt-out mechanism (e.g., "Reply STOP to unsubscribe") in every message, and honor opt-out requests immediately.

  • Accurate Information: Provide truthful and accurate information when setting up your account and sending messages.

  • Content Restrictions: Not send messages that are unlawful, harassing, abusive, defamatory, obscene, threatening, or otherwise objectionable, including spam or unsolicited messages.

  • Message Frequency: Adhere to reasonable message frequency and avoid overwhelming recipients.

  • Data Security: Safeguard any personal information you collect or use in connection with the Service.

6. Prohibited Uses

You may not use the Service to:

  • Send messages without proper consent.

  • Transmit fraudulent, misleading, or deceptive content.

  • Engage in phishing, scams, or other illegal activities.

  • Violate the intellectual property rights of others.

  • Distribute viruses, malware, or other harmful code.

  • Interfere with or disrupt the Service or its infrastructure.

7. Account and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at [insert contact email] if you suspect unauthorized use of your account.

8. Fees and Payment

  • Pricing: Use of the Service is subject to the pricing terms outlined on our website or in your subscription agreement.

  • Payment: You agree to pay all applicable fees in a timely manner. Fees are non-refundable except as required by law or stated in our refund policy.

  • Changes: We reserve the right to modify pricing with reasonable notice.

9. Termination

  • By You: You may terminate your use of the Service at any time by canceling your account.

  • By Us: We may suspend or terminate your access to the Service at our discretion, with or without notice, if you violate these Terms, fail to pay fees, or engage in illegal or harmful activities.

  • Effect of Termination: Upon termination, your right to use the Service ceases, but obligations accrued prior to termination (e.g., payment) remain enforceable.

10. Intellectual Property

All content, software, and technology used to provide the Service are owned by [Your Company Name] or its licensors and are protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the fullest extent permitted by law, Identity Aesthetics PLLC or any of its subsidiaries shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including loss of profits, data, or goodwill. Our total liability shall not exceed the amount you paid us in the preceding 12 months.

13. Indemnification

You agree to indemnify, defend, and hold harmless [Your Company Name], its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

14. Privacy

Our Privacy Policy https://www.713botoxme.com/privacy-policy governs how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described therein.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website or via the Service. Your continued use of the Service after such changes constitutes acceptance of the revised Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of Harris County, Texas, USA, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration in Houston, Texas, except that either party may seek injunctive relief in a court of competent jurisdiction.

17. Contact Us

If you have questions about these Terms or the Service, please contact us at:

18. Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Identity Aesthetics PLLC regarding the Service.

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

  • No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Thank you for choosing Identity Aesthetics PLLC. We are committed to providing you with a compliant and effective mass text messaging service.

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