Plain English summary: By using our website or engaging our services, you agree to these terms. We provide medspa marketing services and will work hard to get you results — but we cannot guarantee specific outcomes. We own the creative and systems we build unless otherwise agreed in writing. Both sides agree to keep each other's confidential information private.
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your use of the Ignited Spa website located at ignitedspa.com (the "Website") and any marketing services provided by Ignited Spa ("Ignited Spa," "we," "us," or "our") to clients ("Client," "you," or "your").
By accessing this Website, submitting a lead form, booking a strategy call, or entering into a service agreement with Ignited Spa, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use this Website or engage our services.
2. Services
Ignited Spa provides B2B performance marketing services exclusively to medical spas and aesthetic clinics, including but not limited to:
- Paid advertising campaign management (Meta Ads, Google Ads, YouTube)
- Patient acquisition funnel design and implementation
- Landing page creation and optimization
- Lead qualification and appointment booking via our sales team
- Creative strategy and ad asset production
- SMS, email, and CRM automation setup
- Performance reporting and analytics
The specific scope of services provided to each client is defined in a separate Service Agreement or Statement of Work ("SOW") executed between the parties. These Terms govern all services absent any conflicting provisions in a signed SOW, in which case the SOW controls.
3. Eligibility
Our services are available exclusively to businesses operating as licensed medical spas or aesthetic clinics in the United States. By engaging our services, you represent and warrant that:
- You are a duly licensed business in your jurisdiction
- You have the legal authority to enter into this agreement on behalf of your business
- You will maintain all required licenses and regulatory compliance throughout the engagement
- You are not offering any services that violate federal or state law
4. The $1,000 Ad Spend Promotional Offer
Ignited Spa may offer to cover up to $1,000 USD in advertising spend for new clients as a promotional incentive ("Ad Spend Offer"). The following conditions apply:
- The Ad Spend Offer is available only to first-time clients who have not previously engaged Ignited Spa for paid advertising services.
- The offer applies to Meta (Facebook/Instagram) or Google Ads campaigns only.
- The client must execute a signed Service Agreement to qualify. Verbal or email confirmations do not activate the offer.
- The $1,000 covers actual media spend billed by the advertising platform. It does not cover agency fees, creative production, or platform management fees.
- Ignited Spa reserves the right to withdraw or modify this offer at any time for prospective clients. The offer will be honored for clients who have a signed SOW in place at the time it was extended.
- The ad spend credit may not be combined with other promotional offers and has no cash value.
5. Client Obligations
To enable Ignited Spa to deliver services effectively, you agree to:
- Provide accurate, complete, and timely information about your business, services, and target patients.
- Grant Ignited Spa necessary access to advertising accounts, CRM platforms, and website analytics as required.
- Designate a primary point of contact who is available for weekly strategy calls.
- Review and approve creative assets within 3 business days of submission. Delays beyond this window may affect campaign timelines.
- Maintain compliance with all applicable federal, state, and platform-specific advertising guidelines, including FDA regulations on medical device and procedure advertising.
- Promptly notify Ignited Spa of any material changes to your business, licensing status, or services offered.
6. Fees & Payment
All fees for services are set forth in your Service Agreement. Unless otherwise stated:
- Retainer fees are invoiced monthly in advance and are due within 7 days of invoice date.
- Ad spend is billed separately by the advertising platform and is not included in the monthly retainer unless explicitly stated.
- Late payments accrue interest at 1.5% per month on the outstanding balance.
- Ignited Spa reserves the right to pause services for accounts more than 14 days past due.
- All fees are non-refundable unless otherwise specified in writing.
7. Intellectual Property
7.1 Our Property
All proprietary systems, frameworks, methodologies, templates, and processes developed by Ignited Spa — including our offer frameworks, funnel architecture, sales scripts, and reporting dashboards — remain the sole intellectual property of Ignited Spa. Engagement with our services does not transfer ownership of these assets.
7.2 Deliverables
Creative assets produced specifically for a client (ad copy, images, video scripts, landing page copy) become the property of the client upon full payment of all fees. Until payment is received in full, Ignited Spa retains a license to all deliverables.
7.3 Your Content
You grant Ignited Spa a non-exclusive license to use your brand assets, logo, photos, and business information for the purpose of providing services and, with your permission, for case studies and portfolio use.
8. Confidentiality
Both parties agree to maintain the confidentiality of the other's non-public business information, client data, financial information, and proprietary systems ("Confidential Information") disclosed during the engagement.
Neither party will disclose Confidential Information to third parties without prior written consent, except as required by law or as necessary to perform services (e.g., sharing campaign assets with an advertising platform).
This confidentiality obligation survives the termination of any service agreement for a period of 3 years.
9. No Guarantee of Results
Ignited Spa applies industry best practices and draws on extensive experience in medspa marketing. However, we cannot and do not guarantee specific results, including but not limited to: a specific number of leads, bookings, patients, or revenue generated.
Marketing performance depends on many factors outside our control, including market conditions, competition, the quality and pricing of your services, seasonal demand, and your team's follow-through with booked patients.
Any case studies, testimonials, or projected outcomes shared on our website or in sales materials represent past client experiences and are not guarantees of future results.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Ignited Spa's total liability to you for any claims arising out of or related to services rendered shall not exceed the total fees paid by you to Ignited Spa in the three (3) months immediately preceding the claim.
Ignited Spa shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or lost revenue, even if we have been advised of the possibility of such damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless Ignited Spa and its officers, employees, and contractors from and against any claims, losses, damages, and expenses (including reasonable attorneys' fees) arising from:
- Your breach of these Terms or any Service Agreement;
- Your violation of any applicable law or regulation, including advertising regulations;
- Any content, materials, or information you provide to us for use in campaigns;
- Any claim by a third party related to your business, services, or operations.
12. Term & Termination
Service agreements are typically month-to-month unless a fixed term is specified in the SOW. Either party may terminate a month-to-month engagement with 30 days' written notice.
Ignited Spa may terminate immediately if:
- Payment is more than 30 days past due;
- You breach any material term of these Terms or the SOW;
- Continuing the relationship would require Ignited Spa to violate applicable law or advertising platform policies.
Upon termination, you will receive all deliverables for which full payment has been received. Ignited Spa will transfer campaign account access within 5 business days of the termination date.
13. Medical & Regulatory Disclaimer
Ignited Spa provides marketing services only. Nothing on our website or in our materials constitutes medical advice, medical diagnosis, or clinical guidance. We do not advise on the medical, clinical, or regulatory compliance of any treatments or procedures offered by your practice.
It is your sole responsibility to ensure that all advertising content approved by you complies with:
- Federal Trade Commission (FTC) truth-in-advertising guidelines;
- FDA regulations on the promotion of medical devices and drugs;
- State-specific regulations governing medical advertising;
- Meta Ads, Google Ads, and other platform-specific policies for healthcare advertising.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the United States without regard to conflict of law principles. Any dispute arising from these Terms or related services shall first be submitted to good-faith mediation before initiating arbitration or litigation.
If mediation is unsuccessful, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), with proceedings conducted in English. The prevailing party in arbitration shall be entitled to recover reasonable attorneys' fees.
15. Changes to These Terms
We reserve the right to update these Terms at any time. We will notify active clients via email at least 14 days before material changes take effect. Continued use of our services after the effective date constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms? Reach us at:
- Email: hello@ignitedspa.com
- Response time: Within 3 business days for legal inquiries.