Software by Jade — Terms of Service

Last updated: Q3 2026

These Terms of Service (“Terms”) govern your access to and use of softwarebyjade.com, the Founding 50 application program, and the Software by Jade platform ecosystem — comprising Aura, Curated by Jade, and Sanctuary by Jade (collectively, the “Services”) — provided by Software by Jade, LLC (“Software by Jade,” “SBJ,” “we,” “us,” or “our”). By accessing the site, applying to the Founding 50 program, or using the Services, you agree to these Terms. If you accept on behalf of a practice or organization, you represent that you have authority to bind that entity.

Clinical Operations & Governing Agreements: For active platform subscribers, your use of the Services — and any processing of patient Protected Health Information (PHI), EMR records, or treatment data on the Aura platform — is governed by your Master Services Agreement (MSA) and Business Associate Agreement (BAA) with Software by Jade, which control over these Terms for all in-app clinical operations.

1. Eligibility & Accounts

The Services are intended for business and professional use by aesthetic and medical-spa practices and practitioners. You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your account credentials, and for all activity under your account.

2. The Founding 50 Program

Submitting an application does not guarantee acceptance into the Founding 50 program or any particular pricing, features, or timeline. Program details — including seat counts, launch windows, lifetime rate-lock eligibility, and offers — are described on our site and may change. Any founding benefit or rate-lock applies only as expressly confirmed by Software by Jade in writing and is subject to your continued subscription and compliance with these Terms.

3. Subscriptions, Fees & Payment

Paid Services are billed on a subscription basis through our third-party payment processor (e.g., Stripe). Fees, billing cycles, and renewal terms are as presented at purchase or in your order or MSA. Unless otherwise stated, subscriptions renew automatically until cancelled, you are responsible for applicable taxes, and fees are non-refundable except as required by law or expressly stated.

4. Acceptable Use

You agree not to:

use the Services unlawfully or in violation of these Terms;
attempt to disrupt, probe, reverse engineer, or gain unauthorized access to the Services or related systems;
upload malicious code or infringing, harmful, or unlawful content;
misuse messaging or communications features, or send unsolicited communications in violation of applicable law.

5. Customer Data & Clinical Content

As between the parties, you retain ownership of the data and content you or your practice submit (“Customer Data”). You grant Software by Jade a limited license to host, process, and use Customer Data solely to provide, secure, and improve the Services, consistent with our Privacy Policy and, for PHI, the BAA. You are responsible for obtaining any consents required to submit Customer Data, including client and patient information.

6. Messaging & SMS Terms

Where you or your clients opt into SMS/text messaging, messaging is subject to applicable law and carrier requirements (including A2P 10DLC). Message and data rates may apply; recipients can opt out by replying STOP and request help by replying HELP. Consent to receive messages is not a condition of purchase. Mobile opt-in and consent data are handled per our Privacy Policy and are never sold or shared for third-party marketing.

7. AI Features

Certain Services use AI assistants and automated or voice functionality to execute user-requested operational actions. AI outputs may contain errors and do not constitute medical, legal, or professional advice; you are responsible for reviewing AI-assisted outputs before relying on them.

8. Intellectual Property

The Services — including the software, content, and design, and the Software by Jade, Aura, Curated by Jade, and Sanctuary by Jade names and marks — are owned by Software by Jade, LLC and its licensors and are protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. You may not copy, modify, distribute, or create derivative works except as permitted. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them.

9. Third-Party Services

The Services integrate with third-party providers (e.g., payment, communications, hosting, and marketplace-fulfillment partners, as described in our Privacy Policy). Your use of those services may be subject to their own terms, and we are not responsible for third-party services.

10. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose information.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that the Services will be uninterrupted or error-free.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTWARE BY JADE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR USD $100 IF YOU HAVE PAID NOTHING).

13. Indemnification

You agree to indemnify and hold Software by Jade harmless from claims arising out of your Customer Data, your use of the Services, or your violation of these Terms or applicable law.

14. Term & Termination

We may suspend or terminate access for violation of these Terms or as needed to protect the Services. You may stop using the Services at any time; subscription cancellation is governed by your plan or MSA. Provisions that by their nature should survive — including intellectual property, disclaimers, limitations of liability, and indemnification — survive termination.

15. Governing Law & Disputes

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to its choice-of-law principles. Exclusive venue for any legal action or proceeding arising out of or relating to this Agreement shall lie solely in the state courts located in Houston, Harris County, Texas.

16. Changes to These Terms

We may update these Terms; material changes will be indicated by revising the “Last Updated” date above. Continued use after changes constitutes acceptance.

17. Contact

Software by Jade, LLC
Legal & Compliance Department
Email: hello@softwarebyjade.com