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Terms of Service

Effective Date: [TO BE SET ON PUBLICATION] Last Updated: [TO BE SET ON PUBLICATION]

These Terms of Service ("Terms") govern your access to and use of the website yourdreamaesthetic.com and the online services offered through it (collectively, the "Service") operated by Dream Aesthetic ("we," "us," or "our"). Please read these Terms carefully. By accessing or using the Service, you agree to be bound by these Terms.

These Terms include important provisions that affect your legal rights, including a binding dispute resolution provision (Section 17) and a limitation of liability (Section 14). Please review these provisions carefully.

1. Eligibility and Acceptance

You must be at least 18 years old to use the Service or purchase any product or service through it. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Description of the Service

The Service provides:

  • Information about aesthetic medicine treatments offered at our clinical practice in Katy, Texas;
  • A 3D treatment visualizer that allows you to explore combinations of treatments;
  • A treatment quiz that produces personalized recommendations;
  • Online purchase of memberships and gift cards;
  • A contact form and email newsletter signup;
  • Links to schedule consultations through a third-party booking system.

The Service does not provide medical advice, diagnosis, or treatment. See Section 7.

3. Account, Memberships, and Auto-Renewal

a. Account Creation

Certain features of the Service (including membership management) require account creation. You agree to provide accurate, complete information and to keep your account credentials confidential. You are responsible for all activity under your account.

b. Memberships

We offer membership tiers (Essentials, Signature, and Atelier) that provide monthly wallet credits, discounted pricing, and other benefits. Membership terms, including benefits and credit rules, are described on the membership page and may be updated from time to time. Your continued membership after such changes constitutes acceptance.

c. Auto-Renewal Disclosure (Texas Business & Commerce Code §17.302)

MEMBERSHIPS AUTOMATICALLY RENEW EACH MONTH UNTIL YOU CANCEL. When you enroll in a membership, you authorize us to automatically charge your payment method on file the monthly subscription fee for your selected tier, plus any applicable taxes, on each monthly billing date until you cancel. You will continue to be charged until you cancel.

To cancel your membership, log into your account and select "Cancel Membership," or contact us using the information in Section 21. Cancellation will be effective at the end of your current billing cycle, and no refund will be issued for partial months. Accrued service credits remain available for 90 days after cancellation, subject to the membership terms.

d. Failed Payments

If we cannot process your monthly payment, we will attempt to reach you to update your payment method. If we cannot process payment within 7 days, we may pause your membership. Accrued credits are retained during the pause period.

e. Membership Pricing and Changes

We may modify membership pricing or benefits with at least 30 days' advance notice via email to your account email address. If you do not agree to the change, you may cancel before the change takes effect.

4. Payment Terms

All prices on the Service are in U.S. dollars and exclusive of applicable taxes unless otherwise stated. You authorize us to charge your selected payment method for all amounts due, including taxes. We use Stripe to process payments; payments are subject to Stripe's terms of service in addition to ours.

If you dispute a charge, please contact us before initiating a chargeback so we have the opportunity to resolve the issue.

5. Gift Cards

Dream Aesthetic gift cards may be redeemed toward services and products at our Katy, Texas clinic. Gift cards are subject to the following terms:

  • No expiration of value (Texas Bus. & Com. Code §604.052). Texas law prohibits gift cards from expiring within at least five years of purchase. We honor gift card value indefinitely from the date of purchase, regardless of any expiration date shown on the card.
  • Non-refundable. Gift cards are non-refundable except as required by law.
  • Not redeemable for cash except where required by Texas law (a balance below $10 may be redeemed for cash upon request, per Texas Bus. & Com. Code §604.0524).
  • Use toward services or products. Gift cards may be applied to any service or product offered at our clinic, including consultations. Gift cards may not be applied to membership subscriptions.
  • Lost or stolen cards. We are not responsible for lost or stolen gift cards. Contact us promptly if you believe your card has been compromised.
  • Transfers. Gift cards may be transferred prior to delivery only with our consent. After delivery, the card belongs to the recipient.

6. Saved Looks and User Content

The 3D treatment visualizer allows you to save configurations ("Saved Looks") and share them via unique URLs. By saving a Look, you grant us a non-exclusive, royalty-free license to store, display, and transmit the Look in connection with the Service. Saved Looks expire 90 days after creation.

Saved Looks are not protected health information and do not establish a medical record. They are advisory visualizations, not clinical plans.

You agree not to use the Saved Look feature to display content that is unlawful, defamatory, harassing, infringing, obscene, or otherwise objectionable.

7. Medical Content Disclaimer; No Doctor-Patient Relationship

The Service is for informational and marketing purposes only and does not provide medical advice. Information on the Service, including descriptions of treatments, blog posts, quiz results, and Saved Looks, is general in nature and is not a substitute for professional medical advice, diagnosis, or treatment.

Use of the Service does not create a doctor-patient, nurse-practitioner-patient, or any other healthcare-provider relationship between you and Dream Aesthetic. A treatment relationship is established only through an in-person consultation at our clinic and our acceptance of you as a patient.

Always seek the advice of a qualified healthcare provider regarding any medical condition or treatment decision. Never disregard professional medical advice or delay seeking it based on something you read on the Service.

In an emergency, call 911 immediately.

8. Booking and Third-Party Services

Appointment booking is provided through a third-party platform at censorium.tech. When you click a booking link, you leave the Service and are subject to the booking platform's terms and privacy policy. We are not responsible for the third-party platform's operation, security, or content, except to the extent that data we receive from the booking platform is governed by our Privacy Policy.

9. Communications

a. Email

By providing your email address, you consent to receive transactional emails (appointment confirmations, payment receipts, account notices). Marketing emails are sent only with separate opt-in consent, and you may unsubscribe at any time via the link in any marketing email.

b. SMS / Text Messaging

If you opt in to SMS communications, you consent to receive text messages from Dream Aesthetic at the phone number you provide. Message and data rates may apply. Frequency varies. Reply STOP to unsubscribe or HELP for assistance. We do not share mobile information with third parties or affiliates for marketing or promotional purposes; all SMS opt-in data is treated as confidential.

c. WhatsApp

If you initiate a conversation with us via the WhatsApp button, your messages will be received and processed through Meta's WhatsApp Business platform, subject to its terms. Do not include detailed medical information in WhatsApp messages.

10. Intellectual Property

a. Our Content

The Service and all content on it — including text, graphics, photographs, videos, 3D models, software, design, and the Dream Aesthetic name and logo — are owned by Dream Aesthetic or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service except as expressly permitted in these Terms.

b. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

c. Patient Photos and Testimonials

Patient photographs and testimonials displayed on the Service are used with the patient's express written consent. Photographs are real and unretouched except for standard color and lighting adjustment as disclosed. Results vary by individual.

11. Prohibited Conduct

You agree not to:

  • Use the Service for any unlawful purpose;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Interfere with or disrupt the Service or servers;
  • Attempt to gain unauthorized access to any portion of the Service or any related systems or networks;
  • Use any automated means (bots, scrapers, etc.) to access the Service except for publicly available content with our prior written consent;
  • Use the Service to send unsolicited communications, promotions, or advertising;
  • Attempt to reverse engineer, decompile, or otherwise derive source code from any portion of the Service;
  • Violate any applicable law, regulation, or third-party rights through your use of the Service.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may stop using the Service at any time; if you have a membership, see Section 3(c) for cancellation procedures.

Upon termination, provisions that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the maximum extent permitted by applicable law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free;
  • The information on the Service is accurate, complete, or current at all times;
  • Defects will be corrected;
  • The Service is free of viruses or other harmful components;
  • Treatment results described on the Service will match your individual results.

Aesthetic medicine results vary by individual. We do not guarantee specific outcomes from any treatment.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DREAM AESTHETIC, ITS OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR
  • ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

This limitation does not apply to (i) liability arising from our gross negligence, willful misconduct, or fraud; (ii) liability that cannot be limited under applicable law; or (iii) any obligations under our Notice of Privacy Practices for patients of our clinical practice.

15. Indemnification

You agree to indemnify, defend, and hold harmless Dream Aesthetic, its officers, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) your violation of any law or third-party rights; or (c) any content you submit through the Service.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 17, you and we agree that any action or proceeding arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in [Fort Bend County / Harris County — ATTORNEY TO CONFIRM VENUE], Texas, and each party submits to the exclusive jurisdiction of those courts.

17. Dispute Resolution

[PLACEHOLDER — ATTORNEY DECISION REQUIRED]

Option A — Court litigation only (default if arbitration not selected): Any dispute arising under these Terms will be resolved exclusively in the courts identified in Section 16. The parties knowingly and voluntarily waive any right to a jury trial.

Option B — Binding arbitration: Any dispute arising under these Terms will be resolved by binding arbitration administered by [American Arbitration Association / JAMS] under its applicable rules. The arbitration will be held in [Fort Bend County / Harris County], Texas. The parties waive any right to participate in a class action and may bring claims only in their individual capacity. This arbitration provision is governed by the Federal Arbitration Act.

Attorney will select and finalize.

18. Modifications to These Terms

We may modify these Terms at any time. The "Last Updated" date will indicate when the Terms were last revised. Material changes will be communicated by email (if you have an account) or through a Service notice at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not accept the modifications, you must stop using the Service.

19. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy and any other written agreements between you and us, constitute the entire agreement between you and us regarding the Service.

20. Assignment

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

21. Contact

For questions about these Terms, contact us:

Dream Aesthetic 20923 Kingsland Blvd Katy, TX 77450 Email: legal@yourdreamaesthetic.com Phone: +1 (346) 539-2104

Founder: Dr. Bárbara Ortiz, DNP · Medical Director: Dr. Zockazock, MD · Texas medical license: S1026 · NPI: 1215381900

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