Terms & Conditions

A welcome to EYES ON SPA, the website/Site (hereafter "EYES ON SPA", "we", "us", "our") owned and managed by Eyes on Spa. These Terms and Conditions (hereinafter referred to as "Terms") govern your access to and use of the website eyesonspa.com, related sub-domains, mobile applications, marketing systems, dashboards, CRM tools, and any services (collectively referred to as "Services") provided by Eyes on Spa.

By accessing our website, booking a strategy call, subscribing to our services, or otherwise interacting with any of our platforms, you (hereinafter referred to as "Client", "you", "your", or "User") acknowledge that you have read, understood, and agree to be bound by these Terms in full. If you do not agree with any part of these Terms, you must immediately discontinue the use of our website and services.

We reserve the right to update, modify, or replace any part of these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for changes. Continued use of the website or services after any such changes shall constitute your acceptance of the revised Terms.

1. Eligibility

1.1. By accessing or using our Services, you represent and warrant that you are at least 18 years of age or the legal age of majority in your jurisdiction, whichever is higher, and are legally capable of entering into binding contracts under applicable law.

1.2. Our services are designed exclusively for legally registered spa, wellness, salon, and beauty business owners. By subscribing, you represent that you own or legally operate a physical spa, wellness center, or salon business.

1.3. The following categories of persons are NOT eligible for our services:

• Beginners or aspiring spa owners without an operational business;
• Home-service or mobile spa providers without a physical location;
• Businesses with monthly revenue below the minimum eligibility threshold as determined by Eyes on Spa;
• Individuals or entities acting as intermediaries or resellers of our services;
• Direct competitors of Eyes on Spa or those associated with competing spa marketing agencies.

1.4. Eyes on Spa reserves the absolute right to accept, reject, or terminate any enrollment at its sole discretion, without providing reasons.

2. Nature of Services

2.1. Eyes on Spa provides specialized client acquisition, marketing, consulting, and business systems services exclusively to spa, wellness, and salon businesses. Our services include but are not limited to:

• Google Ads and Meta Ads management (Facebook + Instagram);
• Custom landing page and funnel design;
• AI-powered communication agents for WhatsApp, Instagram, and Facebook;
• CRM setup, configuration, and management (GoHighLevel);
• 5-Package Profit System design and implementation;
• Reputation and review generation systems;
• Database reactivation campaigns via WhatsApp and email;
• Google Business Profile optimization;
• Dedicated consulting and strategy support;
• Weekly WhatsApp updates and monthly strategy calls.

2.2. All recommendations, strategies, and guidance provided by Eyes on Spa are advisory in nature. The Client must exercise independent judgment in applying these recommendations to their business.

2.3. Eyes on Spa reserves the right to modify, update, replace, or discontinue any component of its service offerings at any time without prior notice, provided such changes do not fundamentally reduce the overall value delivered to the Client.

3. Account Registration & Onboarding

3.1. To access our services, the Client must first book a paid 1-on-1 Strategy Call by paying a nominal application fee as displayed on our website. This fee is an application charge to evaluate the Client's business fit and is separate from any subsequent service fee.

3.2. Upon successful completion of the strategy call and mutual agreement, the Client shall be onboarded to the service by executing a service agreement, providing required access to advertising platforms, and completing the initial payment.

3.3. The Client shall provide accurate, current, and complete information during onboarding, including but not limited to spa name, address, contact details, GST registration, business licenses, existing marketing accounts, customer database, and performance history.

3.4. The Client shall be solely responsible for maintaining the confidentiality of any account credentials, access tokens, or login information provided by Eyes on Spa. Any unauthorized access, misuse, or breach must be reported immediately to [email protected].

3.5. Access to Eyes on Spa systems is limited to the Client and one (1) designated team member (typically the spa manager or receptionist). Sharing access credentials with unauthorized parties is strictly prohibited and grounds for immediate termination without refund.

4. Payment Terms

4.1. All service fees, application fees, and subscription charges must be paid in advance as per the invoice raised by Eyes on Spa. Access to services shall commence only upon successful receipt of full payment.

4.2. Payments shall be processed exclusively through Razorpay or other authorized payment gateways. By making a payment, you agree to the terms and privacy policies of the respective payment processor.

4.3. All applicable taxes, including but not limited to Goods and Services Tax (GST), shall be borne by the Client and paid in addition to the service fees.

4.4. Ad budget for advertising platforms (Google Ads, Meta Ads, etc.) is a separate expense borne directly by the Client and paid to the respective platforms. Eyes on Spa does not collect, hold, or manage any ad spend funds on behalf of the Client.

4.5. Eyes on Spa reserves the right to revise its fees, subscription structure, and payment terms at any time. Any revision shall not affect payments already received prior to the effective date of the change.

4.6. Payment failures, chargebacks initiated without prior communication, or non-payment shall result in immediate suspension of services without notice. The Client shall be liable for any legal costs incurred by Eyes on Spa in recovering unpaid dues.

5. Client Obligations

By enrolling with Eyes on Spa, the Client agrees to the following obligations, breach of which may result in termination of services without refund:

5.1. Respond to all leads and inquiries generated by Eyes on Spa's system within a reasonable timeframe (ideally within 15 minutes during business hours) to maintain lead quality and conversion rates.

5.2. Maintain the recommended monthly ad budget throughout the engagement period as advised by Eyes on Spa.

5.3. Not make any unauthorized changes to ad accounts, landing pages, CRM configurations, automation workflows, or any other components of the delivered system without prior written approval from Eyes on Spa.

5.4. Follow all operational recommendations, SOPs, scripts, and processes provided by the assigned Consultant.

5.5. Provide accurate performance data (walk-ins, conversions, revenue, package sales) as requested for tracking and optimization purposes.

5.6. Grant Eyes on Spa the necessary access to Google Business Profile, Meta Business Suite, Google Ads Manager, Instagram, Facebook, and other required platforms.

5.7. Maintain professional communication with the Eyes on Spa team at all times. Abusive, defamatory, or disrespectful behavior toward team members shall be grounds for immediate termination without refund.

5.8. Maintain service quality and customer experience at the spa location. Eyes on Spa is not responsible for lost revenue arising from poor service delivery, staff issues, or operational failures at the spa.

5.9. Notify Eyes on Spa immediately of any material changes to the business, including but not limited to change of ownership, closure, relocation, or scope reduction.

6. Prohibited Conduct

The Client agrees NOT to engage in any of the following activities. Violation of any of these clauses may result in immediate termination of services without refund and legal action:

6.1. Impersonate any person or entity, or misrepresent affiliation with Eyes on Spa.

6.2. Interfere with or disrupt Eyes on Spa's servers, networks, CRM systems, or ad accounts.

6.3. Use our services to instigate, promote, or engage in illegal activities of any kind.

6.4. Gain unauthorized access to Eyes on Spa's internal systems, databases, or client accounts.

6.5. Post or transmit content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable.

6.6. Infringe upon the intellectual property rights of Eyes on Spa or any third party.

6.7. Transmit viruses, malware, worms, or any other harmful code to Eyes on Spa's systems.

6.8. Copy, reproduce, modify, distribute, sell, or exploit any of Eyes on Spa's proprietary content — including but not limited to ad creatives, landing page templates, CRM workflows, funnel structures, package systems, SOPs, sales scripts, dashboards, or reports — without prior written consent.

6.9. Harvest, collect, or scrape email addresses, contact information, or personal data from Eyes on Spa's systems or communications.

6.10. Use Eyes on Spa's Services in a manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use.

6.11. Attempt to reverse engineer, decompile, or disassemble any of Eyes on Spa's software, systems, or automation workflows.

7. Defamation and Reputational Harm

The Client agrees not to engage in any act, directly or indirectly, that may harm the reputation, goodwill, or public perception of Eyes on Spa, its founders, team members, affiliates, services, or offerings. This includes but is not limited to posting or encouraging defamatory, false, misleading, or malicious statements, reviews, or content on any public or private platform (including social media, forums, blogs, review sites, or news outlets).

Any act of defamation, slander, false review, or coordinated attempt to damage the credibility of Eyes on Spa — whether individually or in collusion with others — shall be considered a material breach of these Terms. In such cases, Eyes on Spa reserves the right to terminate services immediately, forfeit any subscription amount paid, and pursue appropriate legal action, including claims for damages, injunctions, and other remedies under applicable law, including but not limited to provisions of the Indian Penal Code, Bharatiya Nyaya Sanhita, and the Information Technology Act, 2000.

8. Intellectual Property Rights

8.1. All intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade secrets, patents, know-how, methodologies, brand names, logos, and proprietary content associated with Eyes on Spa — including the Spa Client Acquisition Machine™, 5-Package Profit System™, ad creatives, landing page templates, CRM workflows, SOPs, sales scripts, receptionist training materials, dashboards, and any documentation — shall remain the exclusive property of Eyes on Spa.

8.2. Enrollment in our services grants the Client a limited, non-exclusive, non-transferable, revocable license to use the delivered materials solely for the internal use of their spa business during the engagement period.

8.3. The Client shall not, at any time during or after the engagement:

• Copy, reproduce, imitate, or replicate any Eyes on Spa proprietary material;
• Distribute, share, sell, license, or otherwise transfer any material to third parties;
• Use Eyes on Spa's materials to set up a competing spa marketing agency or offer similar services;
• Modify, adapt, or create derivative works based on Eyes on Spa's proprietary content.

8.4. Any violation of intellectual property rights shall result in immediate termination of services without refund, and Eyes on Spa reserves the right to pursue civil and criminal remedies under applicable IP laws.

9. Confidentiality

9.1. During the term of engagement, the Client will have access to Confidential Information belonging to Eyes on Spa. "Confidential Information" includes but is not limited to: business strategies, ad creatives, landing page templates, CRM workflows, GHL automations, follow-up sequences, WhatsApp scripts, reel scripts, receptionist SOPs, pricing frameworks, package systems, sales call scripts, dashboards, reports, client lists, revenue data, methodologies, and any other proprietary information disclosed verbally, electronically, or in writing.

9.2. The Client agrees to hold all Confidential Information in the strictest confidence and shall not disclose, share, publish, or use such information for any purpose other than the Client's own internal spa operations.

9.3. The Client shall not disclose any Confidential Information to competitors, other spa marketing agencies, freelancers, consultants, or any third party without the prior written consent of Eyes on Spa.

9.4. Upon termination of the engagement, the Client shall return or destroy all Confidential Information in whatever form or media, retaining no copies, and certify such destruction in writing if requested.

9.5. The confidentiality obligations shall survive the termination of the Client's engagement with Eyes on Spa for a period of five (5) years.

10. Third-Party Services and Affiliate Disclosures

10.1. Eyes on Spa uses trusted third-party platforms including but not limited to Razorpay (payments), GoHighLevel (CRM), Meta (Facebook/Instagram Ads), Google (Ads/Analytics), Vimeo/YouTube (video hosting), and other tools necessary for service delivery. Each of these platforms has its own terms of service and privacy policies, which the Client must comply with.

10.2. Some links or recommendations shared by Eyes on Spa may be affiliate links, meaning we may receive a nominal financial benefit if the Client subscribes to those third-party services. This is disclosed transparently, and such recommendations are made in good faith based on their relevance to the Client's business.

10.3. Eyes on Spa is not responsible or liable for any loss, damage, dispute, or issue arising from the Client's interaction with third-party services, including but not limited to platform changes, account suspensions, ad disapprovals, or policy violations imposed by Meta, Google, or any other platform.

10.4. Meta and Google reserve the right to disapprove ads, suspend accounts, or change their policies at any time without notice. Eyes on Spa shall not be held liable for any downtime, revenue loss, or performance impact caused by such platform-imposed actions.

11. Warranties and Disclaimers

11.1. All services provided by Eyes on Spa are offered on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, except as expressly set forth in any signed performance agreement.

11.2. Eyes on Spa does not guarantee any specific outcome, revenue figure, ROI, ROAS, or business result beyond what is explicitly stated in a written and signed performance agreement between the parties.

11.3. Any client examples, case studies, testimonials, revenue screenshots, or results shown on our website, marketing materials, or communications are illustrative only. Individual results depend on the Client's implementation, market conditions, spa location, service quality, and overall business execution — factors largely outside Eyes on Spa's control.

11.4. Eyes on Spa disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.

11.5. While we take reasonable measures to ensure security and uptime of our systems, Eyes on Spa does not warrant that the services will be uninterrupted, error-free, or free from viruses or other harmful components.

12. Limitation of Liability

12.1. To the maximum extent permitted by applicable law, Eyes on Spa, its founders, team members, affiliates, and agents shall NOT be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, or loss of data, arising out of or in connection with the use of our Services.

12.2. Eyes on Spa's total aggregate liability under these Terms shall not exceed the total service fees paid by the Client in the preceding six (6) months.

12.3. Eyes on Spa shall not be liable for any losses arising from:

• The Client's failure to respond to leads generated;
• The Client's failure to maintain adequate ad budgets;
• The Client's staff, service quality, or operational issues;
• Third-party platform actions (Meta ad disapprovals, Google policy changes, Razorpay disputes);
• Force majeure events including pandemics, regulatory changes, or economic conditions;
• Any actions taken by the Client contrary to Eyes on Spa's recommendations.

13. Indemnification

13.1. The Client agrees to indemnify, defend, and hold harmless Eyes on Spa, its founders, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The Client's breach of these Terms;
• The Client's violation of any law, regulation, or third-party rights;
• The Client's misuse of Eyes on Spa's services, materials, or Confidential Information;
• Any content submitted or transmitted by the Client through the Services;
• Any dispute between the Client and third parties (including customers, staff, or platform providers) arising in connection with the services.

14. Termination

14.1. Termination by Eyes on Spa: Eyes on Spa reserves the absolute right to suspend or terminate the Client's access to services at any time, with or without notice, for any of the following reasons:

• Breach of any provision of these Terms;
• Non-payment or failed payment;
• Fraudulent, abusive, or illegal activity;
• Defamation or reputational harm caused to Eyes on Spa;
• Failure to cooperate with the assigned Consultant;
• Sharing of proprietary materials with third parties;
• Any act deemed detrimental to Eyes on Spa's business or reputation.

14.2. Termination by Client: The Client may terminate the service at any time by providing fifteen (15) days written notice via email to [email protected]. Service will continue until the end of the current billing period.

14.3. Effects of Termination: Upon termination:

• All contractual relationships between Eyes on Spa and the Client shall cease;
• The Client's access to CRM systems, dashboards, and proprietary materials will be revoked;
• All outstanding payments shall become immediately due and payable;
• Ad accounts and business assets created for the Client will be transferred to the Client upon written request, subject to all outstanding invoices being settled;
• The Client's obligations under Confidentiality, Intellectual Property, and Non-Compete clauses shall survive termination.

15. Non-Solicitation & Non-Compete

15.1. During the engagement period and for a period of six (6) months following termination, the Client shall not directly or indirectly:

• Solicit, hire, or engage any employee, consultant, or team member of Eyes on Spa;
• Use Eyes on Spa's proprietary systems, methodologies, or materials to set up a competing spa marketing agency;
• Offer similar consulting or client acquisition services to other spa owners;
• Encourage or induce any other Client of Eyes on Spa to terminate their engagement.

15.2. The Client acknowledges that breach of these obligations shall cause irreparable harm to Eyes on Spa, entitling Eyes on Spa to seek injunctive relief and damages.

16. Force Majeure

Neither party shall be liable for any delay or failure in performance under these Terms due to circumstances beyond reasonable control, including but not limited to natural disasters, acts of God, floods, earthquakes, pandemics, wars, terrorism, riots, government actions, changes in law, blackouts, telecommunication failures, cyberattacks, or changes in Meta/Google/Razorpay policies. Payment obligations, however, are not excused under this clause.

17. Governing Law and Jurisdiction

17.1. These Terms shall be governed by and construed in accordance with the laws of India.

17.2. Any dispute, controversy, or claim arising out of or in connection with these Terms shall first be attempted to be resolved through good faith negotiation between the parties.

17.3. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a Sole Arbitrator mutually appointed by both parties. The seat of arbitration shall be Navi Mumbai, Maharashtra, India. The language of arbitration shall be English.

17.4. Subject to the arbitration clause, the courts at Navi Mumbai, Maharashtra, India shall have exclusive jurisdiction over any matter arising from these Terms.

18. Publicity Rights

18.1. By enrolling with Eyes on Spa, the Client grants Eyes on Spa the right to reference the Client's business, use success metrics, revenue figures, and results in marketing, promotional, and publicity materials, unless the Client explicitly requests confidentiality in writing at the time of onboarding.

18.2. Eyes on Spa shall not use the Client's trademarks, logos, brand identity, or business name in any manner that misrepresents the relationship or falsely implies endorsement, without the Client's prior written consent.

19. Modification of Terms

Eyes on Spa reserves the right to modify these Terms at any time. Any changes will be effective upon posting the revised Terms on our website. Continued use of the services after such posting constitutes the Client's acceptance of the modified Terms. It is the Client's responsibility to review these Terms periodically.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent of the parties.

21. Waiver

The failure of Eyes on Spa to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Eyes on Spa to be effective.

22. Assignment

22.1. The Client shall not assign, transfer, sublicense, or delegate any rights or obligations under these Terms without the prior written consent of Eyes on Spa.

22.2. Eyes on Spa may assign or transfer its rights and obligations under these Terms to any affiliate, successor, or acquirer without the Client's consent.

23. Notices

All official notices, communications, or correspondence under these Terms shall be sent via email to [email protected] for Eyes on Spa, and to the Client's registered email address on file. Notices sent by email shall be deemed received on the day of transmission unless a delivery failure is reported.

24. Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and any signed service agreement, constitute the entire agreement between the Client and Eyes on Spa concerning the use of our services, and supersede all prior agreements, understandings, negotiations, or communications, whether oral or written.

25. Survival

All clauses that by their nature should survive the termination of these Terms shall continue in full force and effect, including but not limited to Confidentiality, Intellectual Property, Indemnification, Limitation of Liability, Non-Compete, and Governing Law.

---