Terms of Service

By accessing, registering for, or using the AestheticOS platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you ("Tenant", "you", "your") and the Platform Operator identified in Section 3. You should read these Terms carefully before using the Platform.

By clicking "I agree", creating an account, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, our Subscription Agreement, and our Payment Terms, each of which is incorporated into these Terms by reference.

AestheticOS is a multi-tenant software-as-a-service (SaaS) platform designed for AHPRA-registered aesthetic practitioners and clinics operating in Australia. The Platform provides:

• White-labelled clinic website with custom subdomain and branding
• Treatment and product catalogue management
• Online booking and appointment scheduling
• E-commerce and payment processing via Stripe Connect
• Client enquiry management
• Blog and content management tools
• AI-assisted content generation (subject to availability and plan)

The Platform is not a medical device, does not provide clinical advice, and is not intended to replace professional medical judgement. Tenants remain solely responsible for all clinical decisions, patient care, and regulatory compliance.

The Platform is operated by:

References to "we", "us", or "our" in these Terms refer to NUYU Clinic Pty Ltd, trading as AestheticOS.

To use the Platform as a Tenant, you must:

• Be an AHPRA-registered health practitioner, or the authorised representative of an AHPRA-registered clinic, operating in Australia
• Hold a current and valid AHPRA registration relevant to the services you advertise through the Platform
• Be at least 18 years of age
• Have the legal authority to enter into these Terms on behalf of yourself or your clinic

We reserve the right to verify your AHPRA registration at any time. If your registration is suspended, cancelled, or subject to conditions that affect your ability to provide advertised services, you must notify us immediately and may be required to suspend your use of the Platform.

To access the Platform, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful registration details including your name, email, clinic name, and AHPRA number (where applicable)
• Keep your account information up to date
• Maintain the confidentiality of your login credentials
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorised use of your account

You may create additional user accounts for staff members within your clinic. You are responsible for all actions taken by users you authorise, and for ensuring they comply with these Terms.

The Platform offers the following subscription tiers:

• Starter — $149/month (excl. GST)
• Professional — $299/month (excl. GST)
• Enterprise — $599/month (excl. GST)

Full details of plan features, billing terms, free trial, and cancellation rights are set out in the Subscription Agreement.

We reserve the right to modify pricing with at least 30 days' written notice. Existing subscriptions will honour the current price until the end of their billing period following the notice period.

The Platform uses Stripe Connect to enable Tenants to accept payments from patients for bookings, treatments, and products. By using this feature, you agree to:

• Create and maintain a Stripe Connected Account
• Comply with Stripe's Connected Account Agreement and all applicable Stripe terms
• Provide accurate business and identity information to Stripe for verification
• Accept that platform fees are deducted before settlement to your Stripe account

Platform transaction fees vary by plan:

• Starter: 5% per transaction
• Professional: 4% per transaction
• Enterprise: 3% per transaction

These fees are in addition to Stripe's own processing fees. Full payment terms are set out in the Payment Terms.

As a Tenant, you are responsible for:

• AHPRA Compliance: Ensuring all content published through your clinic portal complies with the AHPRA Advertising Guidelines, including restrictions on testimonials, before-and-after images, and claims about treatment outcomes
• TGA Compliance: Not publishing the names or pricing of Schedule 4 (S4) medicines on any public-facing page of your clinic portal, and complying with all Therapeutic Goods Act 1989 advertising restrictions
• Australian Consumer Law: Ensuring your advertised services and pricing comply with the Australian Consumer Law, including prohibitions on misleading or deceptive conduct
• Privacy: Complying with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in your collection, use, and disclosure of patient information
• Professional Standards: Providing services only within the scope of your AHPRA registration and maintaining appropriate professional indemnity insurance
• Content Accuracy: Ensuring all information on your clinic portal is accurate, current, and not misleading

Full details of content restrictions are set out in the Acceptable Use Policy.

We will use reasonable endeavours to:

• Maintain the Platform in a functional and secure state
• Process subscription payments and Stripe Connect transactions accurately
• Protect Tenant and patient data in accordance with our Privacy Policy
• Provide reasonable notice of planned maintenance or material changes
• Respond to support requests within a reasonable timeframe

We do not guarantee uninterrupted access to the Platform. We may perform maintenance, updates, or modifications that temporarily affect availability. We aspire to maintain 99.5% uptime but this is not a guaranteed service level.

We are not responsible for the clinical accuracy, regulatory compliance, or legality of content published by Tenants. The Platform provides tools; Tenants are responsible for how they use them.

Your Content: You retain full ownership of all content you create, upload, or publish through the Platform, including text, images, treatment descriptions, blog posts, and clinic branding. You grant us a limited, non-exclusive, royalty-free licence to host, display, cache, and transmit your content solely for the purpose of providing the Platform services.

Our Platform: The Platform's design, code, features, user interface, documentation, and all associated intellectual property are owned by NUYU Clinic Pty Ltd. You may not copy, modify, distribute, reverse-engineer, decompile, or create derivative works from any part of the Platform.

AI-Generated Content: Content generated using the Platform's AI features is provided as a draft for your review. You are solely responsible for reviewing, editing, and approving any AI-generated content before publication. Once published, AI-generated content is treated as your content.

Feedback: Any feedback, suggestions, or ideas you provide about the Platform may be used by us without obligation or compensation to you.

Your Data: You own all data you input into the Platform, including clinic information, treatment catalogues, patient booking records, enquiry data, order records, and content.

Data Export: You may request an export of your data at any time. We will provide your data in a standard machine-readable format (CSV and/or JSON) within 30 days of a written request to [email protected].

Upon Termination: Following cancellation or termination, you will have 30 days to request a data export. After this period, your data will be deleted in accordance with our Privacy Policy and data retention obligations.

Aggregated Data: We may use anonymised, aggregated data derived from Platform usage for analytics, benchmarking, and product improvement. This data will not identify you or your patients.

The Platform may include AI-powered features such as content generation, treatment description drafting, and blog post assistance. These features:

• Are provided as productivity tools only and do not constitute medical, legal, or regulatory advice
• May produce content that is inaccurate, incomplete, or non-compliant with AHPRA, TGA, or other regulations
• Require your review and approval before any content is published
• Must not be used to generate content about Schedule 4 medicines for public-facing pages

You are solely responsible for ensuring all published content, whether AI-generated or manually created, complies with all applicable laws and professional standards. We accept no liability for content published by Tenants, regardless of how it was created.

To the maximum extent permitted by Australian law:

• Our total aggregate liability to you for all claims arising from or related to these Terms or your use of the Platform shall not exceed the total amount of subscription fees paid by you in the twelve (12) months immediately preceding the event giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill
• We are not liable for any loss arising from your content, your use of Stripe Connect, your regulatory compliance, clinical decisions, patient outcomes, or third-party claims against you

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), including guarantees relating to the supply of services.

You agree to indemnify, defend, and hold harmless NUYU Clinic Pty Ltd, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Platform
• Content you publish or make available through the Platform
• Your breach of these Terms or any applicable law
• Your violation of AHPRA, TGA, or other regulatory requirements
• Any dispute between you and your patients or clients
• Your use of Stripe Connect and payment processing

Termination by You: You may cancel your subscription and terminate your account at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.

Suspension by Us: We may suspend your access to the Platform immediately if:

• You breach these Terms or the Acceptable Use Policy
• Your AHPRA registration is suspended, cancelled, or subject to conditions
• You fail to pay subscription fees after reasonable notice
• Your use of the Platform poses a security risk or may cause harm to other users
• We are required to do so by law or regulatory order

Termination by Us: We may terminate your account with 30 days' written notice for any reason, or immediately for cause (including material breach of these Terms).

Effect of Termination: Upon termination, your clinic portal will be taken offline, you will have 30 days to request a data export (see Section 11), and any outstanding fees remain payable. Sections that by their nature should survive termination will continue to apply, including Sections 10, 11, 13, 14, and 17.

Neither party shall be liable for any failure or delay in performing its obligations where the failure or delay results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, pandemic, government actions, internet or telecommunications failures, cyberattacks, or third-party service provider outages (including Stripe, Cloudflare, or hosting providers).

The affected party must notify the other party as soon as reasonably practicable and use reasonable endeavours to mitigate the effect of the force majeure event.

If a dispute arises in connection with these Terms:

• Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation within 14 days of written notice of the dispute
• Mediation: If negotiation fails, the dispute will be referred to mediation administered by the Resolution Institute (or a similar body agreed by the parties) in Melbourne, Victoria. The costs of mediation will be shared equally
• Litigation: If mediation fails or is not completed within 60 days, either party may commence proceedings in the courts of Victoria, Australia

These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria for any proceedings arising from these Terms.

Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

We may modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or prominent notice within the Platform.

If you do not agree to the modified Terms, you must stop using the Platform and cancel your subscription before the changes take effect. Continued use of the Platform after the effective date of changes constitutes acceptance of the modified Terms.

Non-material changes (such as formatting corrections or clarifications that do not alter your rights or obligations) may be made without notice.

• Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, Subscription Agreement, and Payment Terms, constitute the entire agreement between you and us regarding your use of the Platform
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets
• No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us
• Notices: Notices under these Terms will be sent by email to the address associated with your account (for notices to you) or to [email protected] (for notices to us)

• AHPRA: The Australian Health Practitioner Regulation Agency, the national organisation responsible for the registration and regulation of health practitioners in Australia
• Patient: An individual who books, enquires about, or purchases treatments or products through a Tenant's clinic portal
• Platform: The AestheticOS software-as-a-service application, including all associated websites, APIs, and services operated by us
• S4 / Schedule 4: Prescription-only medicines as classified under the Poisons Standard (the Standard for the Uniform Scheduling of Medicines and Poisons) maintained by the TGA
• Tenant: A registered user of the Platform who operates a clinic portal, including all staff members authorised by that user
• TGA: The Therapeutic Goods Administration, the Australian Government body responsible for regulating therapeutic goods including medicines, medical devices, and biologicals

For questions about these Terms, contact us: