As between you and Aesthetic Record, you own all right, title and interest in your data. You hereby grant to Aesthetic Record a nonexclusive, worldwide, assignable, sublicensable, fully paid-up and royalty-free license and right to copy, distribute, display and perform, publish, prepare derivative works of and otherwise use your data for the purposes of providing, improving and developing Aesthetic Records’s products and services and/or complementary products and services of our partners. You represent and warrant to Aesthetics that you have all rights necessary to grant the licenses, and that your provision of your data through and in connection with the services does not violate any applicable laws or rights of any third party.
TERMS OF SERVICE
Notwithstanding any other sections of this terms of service all right, title and interest in any data or information collected by Aesthetic Record independently and without access to, reference to or use of any of Your Data, including, without limitation, any data or information Aesthetic Record obtains about end through the Aesthetic Record (whether the same as your data or otherwise), will be solely owned by Aesthetic Record.
Aesthetic Record will own all Aggregated Data. You agree that nothing in this Agreement will prohibit Aesthetic Record from utilizing aggregated data for any purpose, provided such aggregated data does not reveal any personally identifying information about you or any end users.
HIPAA imposes rules to protect certain personal health information or “PHI” as that term is defined under HIPAA. If you or any affiliate is subject to HIPAA, prior to accessing or using the services you must notify Aesthetic Record and enter into a Business Associate Agreement (“BAA”) in the form provided by Aesthetic Record. You are solely responsible for determining whether you or any affiliates are subject to HIPAA. You may send notice and request a BAA by emailing [email protected]
During the subscription term, Aesthetic Record will maintain administrative, physical and technical safeguards designed for the protection and integrity of your data.
Records are securely deleted after 90 days of inactivity or 90 days after the account not being in good standing, whichever is sooner.
If either Party believes that there has been a disclosure of your data in a manner not authorized under this Agreement, such Party will promptly notify the other Party. Additionally, each Party will reasonably assist the other Party in remediating or mitigating any potential damage, including any notification which should be sent to individuals impacted or potentially impacted by such unauthorized disclosure.
POS Fee – All transactions done via card swipe using a card reader will be charged 2.75%, All transactions done via manual card entry or key entry will be charged 3.50%.
We are not responsible for resolving or intervening in any dispute over your data.
You are solely responsible for resolving disputes regarding ownership or access to your data, including those involving any current or former owners, co-owners, employees or contractors of your business. You acknowledge and agree that Aesthetic Record has no obligation whatsoever to resolve or intervene in such disputes.
Aesthetic Record reserves the right to not offer the service to certain clients in its sole determination. In such situations Aesthetic Record will provide the client 30 day written notice.
Card Readers purchased via Aesthetic Record shall not be returned, exchanged or refunded.