Glowgau Terms of Service
B2B Master Software-as-a-Service (SaaS) Agreement
Last Updated: May 24, 2026
This Master Software-as-a-Service Agreement (the "Agreement" or "Terms of Service") is a legally binding contract entered into by and between Glowgau ("Company", "we", "us", or "our") and the medical aesthetic clinic, medical spa, or healthcare entity subscribing to our platform ("Clinic", "you", or "your"). By accessing, integrating, or utilizing the Glowgau software, dashboard, or facial assessment widget, you unconditionally agree to be bound by all terms outlined herein.
1. Services & Software Provisioning
Glowgau provides a multi-tenant, cloud-based B2B Software-as-a-Service platform featuring an interactive, AI-driven facial assessment and visual mapping engine designed specifically for clinic lead intake and prospective client profile generation (the "Services"). Subject to compliance with this Agreement and timely payment of subscription fees, Company grants Clinic a non-exclusive, non-transferable, revocable right to access and embed the Glowgau interface within its authorized digital infrastructure.
2. Clinical & Artificial Intelligence Disclaimer
To preserve practitioner autonomy and ensure proper risk allocation, the parties agree to the following operational parameters:
- Non-Diagnostic Classification: Glowgau is an artificial intelligence-driven analytical software tool developed to assist in visual lead mapping and client intake optimization. Glowgau is not a medical device, nor is it a diagnostic tool. It does not provide medical advice, definitive clinical assessments, or prescriptive treatment frameworks.
- No Specialist Substitution: The automated visual metadata and metrics generated by Glowgau are intended solely for introductory evaluation. They must never serve as the primary or sole baseline for any clinical intervention, surgical procedure, or medical treatment plan. The software cannot replace, override, or substitute a comprehensive, face-to-face physical assessment performed by a licensed medical professional or qualified aesthetic specialist.
- Clinic Discretion: Clinic maintains absolute, independent professional responsibility and liability for any clinical interpretations, downstream aesthetic procedures, or treatments administered to its clients.
CRITICAL REGULATORY NOTICE: Glowgau provides zero-retention algorithmic visualization. Clinic retains sole clinical accountability for verifying software assessments against professional medical standards prior to treatment execution.
3. Subscription Fees, Billing, & Strict No-Refund Policy
Access to the Services requires an active, paid subscription under the following financial covenants:
- Subscription Fee: Clinic agrees to pay the recurrent fee specified at onboarding (the standard tier baseline is $249 USD/month, unless customized under a separate addendum).
- Automatic Recurring Billing: Fees are processed automatically in advance on a recurring monthly cycle via the designated payment processor. Authorized credit card tokens will be charged on the same calendar day each month.
- Strict Non-Refundability: All subscription payments are 100% non-refundable. Given the instant allocation of computational credits, API data bandwidth, and automated multi-tenant infrastructure provisioning, the Company enforces a zero-refund policy. No partial refunds, credits, or prorated adjustments will be issued for mid-cycle cancellations, unused software allocations, or platform dormancy.
- Suspension of Service: Failure to clear automated recurring payments within three (3) business days of the billing due date will result in automatic service suspension and termination of API widget functionality.
4. Data Privacy, Governance, & Zero-Retention Protocols
Glowgau executes a deterministic data architecture designed to minimize regulatory liability for both parties. The division of data governance responsibility is structured as follows:
- The Glowgau Zero-Retention Protocol: To align with the absolute highest privacy frameworks, Glowgau operates a strict non-custodial transient database pipeline. All client names, telephone numbers, email addresses, and facial photographic assets uploaded during a scan are permanently purged and destroyed effective immediately upon report dispatch.
- Irrevocable Destruction: Company does not maintain long-term server-side storage, local backups, or cache layers containing client data. Consequently, Company does not possess, and cannot retrieve, client records or PII under any circumstances, even if formally requested by Clinic at a later date. Only aggregated, completely de-identified clinical metadata (e.g., volumetric skin metrics) are preserved for analytical dashboard population.
- Downstream Clinic Compliance: Upon successful transmission of the generated intake report to the Clinic's verified notification email, full legal custody and data liability shift entirely to Clinic. Clinic explicitly guarantees that it will treat, process, and safeguard all transmitted consumer data in strict accordance with the Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), and the General Data Protection Regulation (GDPR), maintaining utmost confidentiality.
5. Proprietary Rights & Intellectual Property
The Company retains all right, title, and exclusive interest in and to the software, backend source code, underlying convolutional neural networks, user interface designs, visual frameworks, trade names, and algorithmic models. Clinic shall not attempt to reverse-engineer, decompile, copy, or distribute any technical element of the Glowgau engine. No ownership transfer occurs under this SaaS configuration.
6. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Glowgau, its officers, directors, or technical architects, be liable for any indirect, incidental, punitive, special, or consequential damages whatsoever, including but not limited to loss of clinic profits, practice operational downtime, client injury, clinical malpractice claims, or data breaches originating downstream within Clinic's email infrastructure.
The maximum aggregate liability of the Company for any direct claim arising out of or connecting to the Services shall be strictly limited to the cumulative subscription fees actually paid by the Clinic to the Company during the immediate one (1) month period preceding the event giving rise to liability.
7. Mutual Indemnification
Clinic agrees to indemnify, defend, and hold harmless the Company and its agents against any and all third-party legal claims, losses, structural damages, regulatory fines, or liabilities arising directly from: (a) Clinic's downstream management of client data, (b) medical malpractice or adverse treatment outcomes occurring post-assessment, or (c) any violation by Clinic of HIPAA, PIPEDA, GDPR, or localized consumer protection standards.
8. Term, Termination, & Cancellation
This Agreement remains active on a month-to-month cycle. Clinic may initiate cancellation at any point via the administrative self-service dashboard. Upon cancellation, the software widget will remain active until the end of the paid billing cycle, after which integration access terminates. Following termination, the non-retention data covenants and limitation of liability clauses survive indefinitely.
9. Governing Law & Dispute Resolution
This Agreement shall be governed by, construed, and enforced exclusively in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. Any legal action, dispute, or proceeding arising under this contract shall be brought solely within the courts located in Toronto, Ontario, Canada.
10. Corporate Communications & Inquiries
For any contractual clarifications, formal inquiries, or other notifications regarding these terms, Clinic may correspond directly with the Company via email at: contact@glowgau.com.