- Acceptance of Terms
- Services
- Eligibility
- Engagement and Onboarding
- Fees and Payment
- Contract Term and Renewal
- Termination
- Client Responsibilities
- Attribution and Performance Bonus
- No Guarantees
- Intellectual Property
- Confidentiality
- Third Party Tools
- Compliance and HIPAA
- Limitation of Liability
- Indemnification
- Governing Law and Disputes
- Changes to These Terms
- Contact
01. Acceptance of Terms
By using our website, submitting a form, signing a service agreement, or otherwise engaging with our services, you agree to these Terms. If you are agreeing on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" refers to both you individually and the entity.
A separate written Service Agreement may exist between Dire Studios and your business that outlines the specific scope, deliverables, and fees of your engagement. In the event of a conflict between these Terms and a signed Service Agreement, the signed Service Agreement controls.
02. Services
Dire Studios provides revenue operations services for medical aesthetic practices. Our services are offered in two tiers:
Foundation Tier
Back end systems including CRM build, review and reputation management, booking funnels, patient reactivation automation, SMS and email nurture sequences, AI chat, DM automation, and monthly reporting. Designed for practices generating up to approximately $125,000 per month.
Growth Tier
Includes everything in Foundation plus active lead generation, AI voice, retargeting, attribution dashboard, performance bonus on attributed revenue, optional ad spend management, and priority support. Designed for practices generating over approximately $125,000 per month. Growth tier slots are limited per geographic market.
Specific deliverables, timelines, and scope for your engagement will be set out in your Service Agreement.
03. Eligibility
Our services are intended for licensed medical aesthetic practices, med spas, and related businesses operating lawfully in their jurisdiction. By engaging us, you represent that:
- You and your business are legally authorized to operate as a medical or aesthetic practice in your jurisdiction
- You have all required licenses, registrations, and approvals to provide your services
- You are at least 18 years old and have legal capacity to enter into binding contracts
- You will not use our services to engage in unlawful activity
04. Engagement and Onboarding
An engagement with Dire Studios begins when a Service Agreement is signed and the initial setup fee is paid. Onboarding includes information gathering, system configuration, and integration with your existing tools.
Standard onboarding takes approximately three weeks from contract signing to full system deployment, subject to your timely cooperation in providing requested information, credentials, and approvals.
05. Fees and Payment
Foundation Tier
- Setup fee: $3,000, due upon contract signing
- Monthly retainer: $2,000, billed monthly in advance
Growth Tier
- Setup fee: $5,000, due upon contract signing
- Monthly retainer: $3,500, billed monthly in advance
- Performance bonus: 15% of attributed revenue, billed monthly in arrears after the first full month of attribution data, subject to the rules in Section 9
- Ad spend (if applicable) is billed separately and managed through your own ad accounts
Payment Terms
All fees are in US dollars and are non refundable except where required by law or expressly stated in your Service Agreement. Monthly retainers are billed on the same day each calendar month based on the date the engagement began.
Late payments more than 10 days past due may result in service suspension. Accounts more than 30 days past due may be terminated and any outstanding balance referred for collection.
We may adjust pricing for new engagements at any time. For existing clients, any price change will be communicated at least 30 days in advance and will only take effect at the start of a new billing period.
06. Contract Term and Renewal
Foundation engagements have an initial minimum term of three (3) months from the contract start date.
Growth engagements have an initial minimum term of six (6) months from the contract start date.
After the initial term, the engagement continues on a month to month basis until terminated by either party in accordance with Section 7.
07. Termination
Termination After Initial Term
Either party may terminate the engagement after the initial minimum term has been completed by providing sixty (60) days written notice. Fees remain due through the end of the notice period.
Termination Before End of Initial Term
If you terminate before the initial minimum term has been completed, you remain responsible for all remaining monthly retainer payments through the end of the initial term, in addition to any other amounts owed.
Termination for Cause
Either party may terminate the engagement immediately if the other party materially breaches these Terms or the Service Agreement and fails to cure the breach within 15 days after written notice.
Effect of Termination
Upon termination, we will provide reasonable transition support for up to 30 days. Account access to systems we built or hosted may be transferred to you or revoked depending on what is appropriate for the engagement. Any unpaid fees become immediately due. Provisions of these Terms that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, indemnification, and governing law) will survive.
08. Client Responsibilities
You agree to:
- Provide accurate, complete, and timely information needed for us to deliver services
- Grant access to systems, accounts, and credentials reasonably required for the engagement
- Review and approve deliverables in a timely manner
- Comply with all applicable laws and regulations, including those related to medical practice, advertising, HIPAA, telemarketing, and patient communications
- Obtain any necessary consents from patients and prospects before we contact them on your behalf
- Pay all fees when due
Delays or failures on your side that prevent us from delivering services do not relieve you of payment obligations.
09. Attribution and Performance Bonus
For Growth tier engagements, the 15% performance bonus applies to revenue from new patients we sourced and tracked through our attribution system within a 90 day attribution window from first touch.
The following are not counted toward the performance bonus:
- Walk in patients
- Direct referrals from existing patients (unless tracked through our referral system)
- Patients you acquired before the engagement began
- Patients sourced through channels we did not build or manage
Attribution requires you to provide point of sale data or grant integration access to your booking and revenue systems. If accurate attribution data cannot be obtained, the parties will agree in writing on a reasonable substitute method, or the performance bonus may be waived for the affected period.
Performance bonus invoices are issued monthly based on the prior month's attributed revenue and are due on the same terms as the monthly retainer.
10. No Guarantees
We do not guarantee any specific number of leads, appointments, conversions, revenue, or business outcomes. Results depend on many factors outside our control, including your service quality, pricing, location, market conditions, staff capacity, and the cooperation of third party platforms.
What we guarantee is that the systems we build will be operational, properly configured, and optimized monthly. Any forward looking statements about typical results, case studies, or projections are illustrative only and are not promises.
11. Intellectual Property
Your Materials
You retain all rights to your existing brand assets, patient data, content, and other materials you provide to us. You grant us a limited, non exclusive license to use those materials solely to perform our services for you during the engagement.
Our Materials
Dire Studios retains all rights to our proprietary methodology, templates, workflows, automation scripts, prompts, frameworks, training materials, and any tools or technology we develop. Upon full payment, you receive a non exclusive, non transferable license to use the specific implementations we build for you in connection with your business, for the duration of the engagement and any agreed wind down period.
Deliverables
Deliverables built specifically for your business (such as your CRM configuration, custom workflows, and your account data) belong to you upon full payment. Underlying templates, frameworks, and methodology remain ours.
12. Confidentiality
Each party agrees to keep confidential any non public information disclosed by the other party in connection with the engagement, including business strategies, patient lists, financial data, pricing, and proprietary processes. Confidential information may only be used for purposes of the engagement and may not be disclosed to third parties except as required by law or to service providers bound by similar confidentiality obligations.
These obligations survive termination of the engagement.
13. Third Party Tools
Our services rely on third party platforms including but not limited to HighLevel (GoHighLevel), Stripe, Meta, Google, OpenAI, Twilio, and other tools. We are not responsible for the availability, performance, pricing changes, terms changes, or actions of these third parties.
You are responsible for maintaining accounts and subscriptions for third party tools used in your engagement unless your Service Agreement specifies otherwise. Third party fees, software subscriptions, and ad spend are not included in our retainers unless explicitly listed.
14. Compliance and HIPAA
You are responsible for ensuring that your business operates in compliance with all applicable laws and regulations, including HIPAA, the TCPA, CAN SPAM, state telemarketing laws, advertising regulations specific to medical aesthetics, and your state's medical board rules.
To the extent our services involve handling protected health information (PHI), we will enter into a separate Business Associate Agreement (BAA) with you. Without a signed BAA, you agree not to provide us with PHI, and you remain responsible for any improper transmission of PHI to us.
You are responsible for obtaining all necessary consents from patients and prospects before any outreach is conducted on your behalf using our systems. We will follow opt out requests on your behalf but cannot independently verify the source or status of every contact in your database.
15. Limitation of Liability
To the maximum extent permitted by law:
- Our total cumulative liability arising out of or related to these Terms or our services will not exceed the total fees you paid us in the three (3) months immediately preceding the event giving rise to the claim
- We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost revenue, lost profits, lost business, lost data, or lost goodwill, even if we have been advised of the possibility of such damages
- We are not liable for any acts or omissions of third party platforms or service providers, or for any data loss caused by them
Our services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non infringement.
16. Indemnification
You agree to indemnify, defend, and hold harmless Dire Studios LLC and its members, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of:
- Your breach of these Terms or your Service Agreement
- Your violation of any law, regulation, or third party right
- Your provision of materials, content, or data to us
- Your medical or aesthetic services provided to patients
- Any claim by a patient or prospect related to communications sent on your behalf, where you failed to obtain appropriate consent
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these Terms or our services will first be addressed through good faith negotiation. If the dispute cannot be resolved within 30 days, the parties agree that the exclusive jurisdiction and venue for any legal proceedings will be the state and federal courts located in Miami Dade County, Florida, and both parties consent to personal jurisdiction in those courts.
Each party waives any right to a jury trial in connection with any dispute arising under these Terms.
18. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will revise the "Last updated" date at the top and, where appropriate, notify you by email or through our website. For existing engagements, material changes will not take effect until your next renewal period unless you expressly agree otherwise.
Your continued use of our services after changes take effect means you accept the updated Terms.
19. Contact
Questions about these Terms can be sent to:
Dire Studios LLC
Miami, FL
contact@direstudiosco.com