Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Aesthetic Digital ("we", "us", "our"), including but not limited to AI-powered lead generation, cold email outreach, and campaign management services, you ("Client", "you") agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you must not use our services. Your continued use of our services after any modification to these Terms constitutes your acceptance of the revised Terms.

These Terms apply to all clients, regardless of how they access or use the service.

2. Description of Services

Aesthetic Digital provides AI-powered lead generation and cold email outreach services to real estate agents and related professionals. Our services include:

• Identification and sourcing of prospective client leads in your nominated market
• Creation and delivery of personalised outreach email campaigns on your behalf
• Automated follow-up email sequences to non-responding leads
• Automated booking of appointments into your provided Calendly calendar link
• Weekly AI-generated performance reports delivered by email

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to active clients.

2.1 Your Responsibilities

To use our services effectively and lawfully, you agree to:

• Provide accurate and complete information in the onboarding form
• Provide a valid, active Calendly link for appointment booking
• Ensure your business is legitimately registered and operating in your nominated market
• Hold all necessary licences, registrations, and authorisations required to operate as a real estate agent in your jurisdiction
• Respond to any booked appointments or enquiries generated through our service
• Notify us promptly if any information you have provided changes

3. Free Trial

Aesthetic Digital offers a 14-day free trial period from the date your campaign is activated. During the trial period:

• No payment is required and no credit card is charged
• You receive full access to all features included in your selected plan
• Your campaign will be configured and launched within 48 hours of completing onboarding

If you do not cancel before the end of the 14-day trial, your selected plan will automatically become active and you will be invoiced for the first month. Cancellation during the trial period must be made by email to hello@aestheticdigital.co before the trial end date.

Aesthetic Digital reserves the right to modify or discontinue the free trial offer at any time without notice to prospective clients. Clients who have already commenced a trial will not be affected by such changes.

4. Payment and Billing

Following the 14-day free trial, services are billed monthly in advance. Current plan pricing is:

• Starter: USD $1,500 per month
• Growth: USD $2,500 per month
• Elite: USD $4,500 per month

All payments are processed securely via Stripe. By providing your payment details, you authorise Aesthetic Digital to charge the applicable monthly fee to your payment method on the same date each month.

All fees are non-refundable unless otherwise agreed in writing. If a payment fails, we reserve the right to suspend services until payment is received. Prices are subject to change with 30 days' written notice to active clients.

4.1 Cancellation

You may cancel your subscription at any time by emailing hello@aestheticdigital.co. Cancellation takes effect at the end of the current billing period. No partial-month refunds are provided. Upon cancellation, your campaign will be deactivated and no further emails will be sent on your behalf.

5. No Guarantee of Results

You acknowledge and agree that:

• Cold email outreach results depend on many variables including but not limited to: your target market, local real estate conditions, your personal brand and reputation, the quality and accuracy of your Calendly availability, your response time to booked appointments, and general market sentiment
• Any statistics, metrics, or examples presented on our website or in our materials (including open rates, reply rates, or appointment volumes) are illustrative estimates based on general industry benchmarks and do not constitute a promise or guarantee of your specific results
• Past performance data from other clients does not guarantee future results for any individual client
• Aesthetic Digital is not responsible for any failure to convert appointments into sales, listings, or revenue
• We make no representation that any particular lead is a qualified buyer, seller, or prospect

You enter into this agreement with full understanding that lead generation involves inherent uncertainty, and that payment of our fees does not guarantee any particular commercial outcome.

6. Email Compliance and CAN-SPAM

Aesthetic Digital operates cold email outreach campaigns in compliance with applicable email laws including the US CAN-SPAM Act 2003 and the Australian Spam Act 2003. Our campaigns include:

• Honest, non-deceptive subject lines and sender identification
• A clear and functional unsubscribe/opt-out mechanism in every email
• Prompt processing of unsubscribe requests (within 10 business days)
• A valid physical postal address in all outbound emails

By engaging our services, you confirm that:

• You are aware that cold email outreach will be conducted on your behalf
• You authorise Aesthetic Digital to send emails using your business identity and name
• You will not instruct us to send emails in violation of any applicable laws
• You are responsible for ensuring your business complies with any additional local marketing regulations in your jurisdiction

Aesthetic Digital is not liable for any regulatory action taken against you in your jurisdiction arising from email marketing activities, including in cases where we have acted on your instructions.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• Aesthetic Digital's total aggregate liability to you for any claim arising out of or in connection with these Terms or our services shall not exceed the total fees paid by you to Aesthetic Digital in the three (3) months immediately preceding the event giving rise to the claim
• Aesthetic Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profit, loss of business opportunity, loss of data, or loss of goodwill, whether arising in contract, tort, or otherwise, even if we have been advised of the possibility of such damages
• We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: changes to email platform policies, deliverability issues caused by third-party email service providers, changes to lead data availability, or force majeure events
• We are not responsible for the conduct, actions, or omissions of any third-party service providers including but not limited to Instantly.ai, Apollo.io, Airtable, Stripe, or Calendly

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by applicable law.

7.1 Indemnification

You agree to indemnify, defend, and hold harmless Aesthetic Digital, its operators, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of our services; (b) your breach of these Terms; (c) any content or information you provide to us; or (d) your violation of any applicable law or regulation.

8. Client Data and Privacy

We collect and use your personal and business information to provide and improve our services. Our use of your data is governed by our Privacy Policy, which forms part of these Terms.

You grant Aesthetic Digital a limited, non-exclusive licence to use information you provide (including your name, business name, target market, and Calendly link) solely for the purpose of setting up and running your campaign.

We will not sell or share your personal information with third parties except as necessary to provide our services (e.g. campaign configuration with email sending platforms) or as required by law.

9. Intellectual Property

All content, software, workflows, AI systems, templates, and materials created or used by Aesthetic Digital in the provision of services remain the exclusive intellectual property of Aesthetic Digital. You are granted a limited, non-transferable licence to receive the outputs of our service (i.e. campaign results and reports) for your personal business use.

You may not reproduce, copy, reverse-engineer, or resell any part of our service, methodology, or materials without prior written consent.

10. Termination

Either party may terminate the service agreement at any time. Client-initiated cancellations take effect at the end of the current billing period as described in Section 4.1.

Aesthetic Digital reserves the right to immediately suspend or terminate your access to our services without refund if you:

• Breach any provision of these Terms
• Provide false or misleading information
• Use our services for any unlawful purpose
• Engage in conduct that could harm the reputation or deliverability of our email infrastructure
• Fail to make payment when due

Upon termination, all outstanding amounts become immediately due and payable, and we will cease all outreach activity on your behalf.

11. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia for resolution of any disputes.

Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute in good faith through direct negotiation or mediation. Any dispute that cannot be resolved amicably within 30 days may then be referred to formal dispute resolution.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. Contact

For any questions about these Terms of Service, please contact:

Aesthetic Digital
ABN 52 536 189 192
Melbourne, Victoria, Australia
Email: hello@aestheticdigital.co
Website: aestheticdigital.co