These Terms and Conditions (“T&Cs”) constitute a legally binding agreement (“Agreement”) between the medspa clinic (“Client”) and Mynt LTD, trading as MARBL (“Company”), a provider of AI concierge services for medical aesthetics clinics. By opting into the use of MARBL’s services, the Client agrees to be bound by the terms set forth herein.
1.1 Scope of Service
Mynt LTD, trading as MARBL, provides an AI-powered concierge (“Service”) that communicates with the Client’s customers via WhatsApp, answering queries, taking payments, and booking medical aesthetic treatments.
1.2 Service Limitations
The Service is intended to facilitate communication and does not replace medical consultations or professional advice. The AI concierge is powered by ChatGPT and operates based on the information provided to it.
2.1 Compliance
The Client agrees to comply with all applicable laws and regulations, including but not limited to data protection, privacy, and medical regulations.
2.2 Data Provision
The Client is responsible for providing accurate and up-to-date information necessary for the proper functioning of the Service. This includes, but is not limited to, pricing, treatment details, and availability.
2.3 Customer Consent
The Client is responsible for obtaining the necessary consent from their customers to communicate via WhatsApp and to process any payments or bookings through the Service.
3.1 Data Handling
The Company will handle all personal data in accordance with applicable data protection laws. The Client acknowledges that the AI concierge will process customer data to provide the Service.
3.2 Data Security
The Company implements appropriate security measures to protect personal data. However,
the Client acknowledges that no system is entirely secure and agrees to hold the Company harmless in the event of unauthorized access, data breaches, or other security incidents.
4.1 Fee Structure
The Client agrees to pay the fees associated with the Service as outlined in the pricing agreement provided separately. Fees are subject to change with prior notice.
4.2 Payment Terms
Payments are due upon receipt of the invoice and must be made within the time frame specified in the invoice.
5.1 Limitation of Liability
The Company shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill arising out of or related to the use of the Service.
5.2 Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, and employees from and against any and all claims, liabilities, damages, losses, and expenses arising from the Client’s use of the Service or breach of these T&Cs.
6.1 Ownership
All intellectual property rights in the Service, including but not limited to software, trademarks, and copyrights, are owned by the Company. The Client has no rights to these intellectual properties except as expressly provided in these T&Cs.
7.1 Termination by the Client
The Client may terminate the use of the Service at any time by providing written notice to the Company.
7.2 Termination by the Company
The Company reserves the right to terminate the Service, with or without notice, in the event of a breach of these T&Cs by the Client or for any other reason deemed necessary by the Company.
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is established.
8.2 Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved through good faith negotiations. If the dispute cannot be resolved amicably, it shall be submitted to binding arbitration in the jurisdiction of the Company.
9.1 Entire Agreement
These T&Cs constitute the entire agreement between the parties and supersede all prior agreements, understandings, and communications, whether written or oral.
9.2 Amendments
The Company reserves the right to amend these T&Cs at any time. The Client will be notified of any changes, and continued use of the Service constitutes acceptance of the amended T&Cs.
9.3 Severability
If any provision of these T&Cs is found to be unenforceable, the remaining provisions will continue in full force and effect.
By opting into and using the Mynt LTD (trading as MARBL) AI Concierge Service, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.