These Terms and Conditions (the "Terms") are issued by Elitera Aesthetics LLC ("Elitera," "we," "us," or "our"). They apply to your use of www.eliteras.com (the "Website") and to every purchase of Elitera equipment, accessories, consumables, and services. Please read them carefully. By using the Website, placing an order, or making a payment, you agree to these Terms.
Part 1General
1Who these Terms apply to
"You" and "Customer" mean the practice, company, or licensed professional that uses the Website or buys from Elitera. Elitera sells to professionals and businesses only, and not to consumers. If you act for a practice or a company, you confirm that you are authorized to bind it.
2How these Terms work with your signed agreement
Most equipment purchases are made under a signed Equipment Purchase Agreement, order, or invoice (together, your "Order"). Your Order and these Terms are read together. If they differ, your signed Order controls. If you buy without a signed agreement, for example consumables, accessories, or parts purchased by invoice, these Terms and the invoice are the complete agreement for that purchase.
3Updates to these Terms
We may update these Terms from time to time. The current version is posted on this page with the date of the last update. The version posted on the date of your Order applies to that Order. An update does not change an agreement that has already been signed.
Part 2Using this website
4A website for professionals
The Website is intended for licensed healthcare and aesthetic professionals and practice owners in the United States. It provides general information about Elitera platforms and services. It is not medical advice, and it does not replace a device's instructions for use, operator training, or your own professional judgment.
5Product information and availability
We work to keep the Website accurate and current. Because our platforms are continually refined, specifications, features, pricing, and availability may change. Some products shown may be in pre-launch or in development. Images and videos are illustrative, and the device delivered to you will be the current production version. Content on the Website is not an offer to sell. A sale is made only through an Order accepted by Elitera.
6Clinical images and provider statements
Clinical images, case examples, and provider statements on the Website are shared with permission and reflect real treatments. Outcomes depend on the patient, the provider, the protocol, and the treatment plan, so individual results vary. Statements made by independent providers are their own professional opinions.
7Regulatory status
The regulatory status and the indications for use of each device are stated in its labeling and product documentation. Regulatory status can differ by device, by configuration, and by intended use. Nothing on the Website is a statement that a device is cleared or approved for a particular use unless the documentation for that device says so. You are responsible for using each device within its labeling and within the law of the state where it is used.
8Intellectual property
The Website and its content, including product names, logos, designs, images, videos, protocols, and documents, are owned by or licensed to Elitera and are protected by intellectual property laws. You may view the content to evaluate our products and services. You may not copy, republish, scrape, or use it for a commercial purpose without our written permission. Elitera customers may use the marketing materials we approve to promote treatments to their own patients and clients.
9Acceptable use
You agree not to misuse the Website. This includes interfering with its operation, attempting to gain unauthorized access, collecting content or data by automated means, submitting false information, or using the Website for any unlawful purpose.
10Messages, forms, and privacy
When you contact us through the Website or by email, telephone, or text message, we use your information to respond to you, to provide our products and services, and to share information about Elitera that you would reasonably expect to receive. You may opt out of marketing messages at any time. Please do not send patient information or any Protected Health Information through the Website. The Website uses cookies and similar tools to operate and to measure performance, and you can manage cookies through your browser settings.
11Third-party websites and services
The Website may link to websites and services operated by others, such as event registration, social media, payment, and financing providers. Those websites and services are governed by their own terms, and Elitera is not responsible for them.
Part 3Terms of sale
12Orders
An order is accepted when Elitera countersigns your agreement or confirms the order in writing, and receives the first payment in cleared funds. A quotation is valid for the period stated in it and may be withdrawn before acceptance. Each Order covers only what it lists. Items or services that an Order lists as included at no charge are a one-time courtesy. They have no cash value, are not transferable, and depend on the equipment being paid in full.
13Prices and taxes
Prices are stated in your Order. Sales tax is charged as the law requires for the delivery location. If you claim a tax exemption, you must provide a valid exemption or resale certificate before you pay. Discounts, promotional pricing, and upgrade pricing apply to that purchase only, are confidential, and do not set a price for any future purchase.
14Payment
14.1 Schedule. You will pay as set out in your Order. Unless your Order says otherwise, any balance is due when Elitera notifies you that the equipment is ready, and in any event no later than fourteen (14) days before the scheduled delivery date.
14.2 Method. Payments are made by wire transfer or ACH to the account shown on your invoice. Elitera may agree to accept a card or another electronic method shown on your invoice for a deposit or a smaller purchase. A card charge may be processed through an Elitera affiliate. A payment is received when Elitera has verified cleared funds.
14.3 Work begins on payment. Elitera is not required to begin sourcing, production, or allocation, and no estimate or timeline begins to run, until the first payment is received.
14.4 No financing condition. Your obligations do not depend on obtaining financing, a lease, or lender approval. A payment made by a lender on your behalf must reach Elitera in full and without conditions.
14.5 Late payment. Time is of the essence for payment. An amount not paid when due bears interest at one and one-half percent (1.5%) per month or, if less, the highest rate the law allows, and you will pay Elitera's reasonable costs of collection, including attorneys' fees.
14.6 Payments are final. You will not reverse, recall, charge back, or dispute a payment, except to correct a bank error or an unauthorized transaction.
14.7 Payment before delivery. No equipment is scheduled for delivery, shipped, or delivered until it is paid in full.
14.8 Title. Title to the equipment passes to you on delivery, provided it is paid in full. Until then the equipment remains the property of Elitera, and you will not sell, pledge, or encumber it.
15Sale final; built to order
15.1 Sale is final. Elitera devices are built and allocated to order. From the first payment, Elitera commits manufacturing capacity, sourcing, freight, customs, and installation resources specifically to your order, and these commitments cannot readily be redeployed. For that reason all sales are final. Deposits and payments are non-refundable and non-transferable, and an order may not be cancelled, returned, or exchanged. A deposit applies only to the Order for which it was paid.
15.2 When a refund applies. You are entitled to a refund only if (a) Elitera elects not to proceed with an item or is unable to supply it, in which case Elitera will refund in full the amount paid for that item; (b) a covered defect cannot be repaired or replaced, as described in Section 20; (c) sales tax was collected in excess of the amount due; or (d) your signed Order provides for a refund.
15.3 Payment default. If an amount is not paid when due and is not cured within ten (10) business days after written notice, Elitera may cancel the Order. Unless your Order provides otherwise, Elitera may keep any reservation deposit and an amount equal to the costs it has incurred and the commitments it cannot cancel for your order, and will return any amount paid above that.
15.4 Fair allocation of risk. The parties agree that these terms are a reasonable allocation of commercial risk and fair compensation for Elitera's reliance, and are not a penalty.
16Delivery
16.1 Delivery. Unless your Order says otherwise, Elitera delivers the equipment to the delivery address stated in your Order and arranges shipping, transit insurance, and customs clearance. Risk of loss passes to you on delivery to that address.
16.2 Estimates, not deadlines. Elitera equipment is produced through specialized manufacturing partners, and production, freight, customs, and installation timelines depend on factors outside Elitera's direct control. Any delivery timeframe is a good-faith estimate for planning and is not a deadline. A change to an estimate is not a breach and does not give a right to cancel or to a refund. Elitera will keep you informed and will deliver each item promptly once it is ready.
16.3 Site readiness. You are responsible for a delivery location that is ready to receive the equipment. This includes the access, space, electrical, ventilation, and utility requirements Elitera communicates, any permits or landlord approvals, and a person authorized to accept delivery.
16.4 If you are not ready. If you are not ready to receive equipment that is ready for delivery, Elitera will hold it and work with you on timing. Extended storage may be at your reasonable cost, as your Order provides. A delay on your side does not excuse or postpone any payment.
16.5 After shipment. Once equipment has shipped, the order may not be cancelled and delivery may not be refused.
17Inspection and acceptance
You have five (5) business days after installation, or after delivery if installation is delayed at your request, to notify Elitera in writing of any visible damage, shortage, or nonconformity. Elitera will repair or replace the affected equipment at its own cost. The equipment is accepted on the earliest of your written confirmation, the end of the inspection period without a valid notice, or your first clinical use.
18Installation, training, and support
Elitera provides the installation and operator training described in your Order. Training covers the proper and safe operation of the equipment. It is not clinical, medical, or legal training, and it does not license or qualify any person to perform treatments. During the warranty period, Elitera provides operational and technical support, including the software updates it offers to its customers generally at no charge.
19Returns
Equipment and parts may be returned only with a written return authorization issued in advance by Elitera Client Care, which can be reached at +1 (448) 900-7009 or contact@eliteras.com. Items sent back without an authorization will not be accepted.
Part 4Warranty
20Elitera warranty
20.1 Warranty. Elitera warrants that its equipment will be free from defects in materials and workmanship under normal use during the warranty period stated in your Order. If your Order does not state a warranty period, the standard warranty for a new Elitera device is two (2) years, parts and labor, from the delivery date.
20.2 Handpieces and applicators. Handpieces, applicators, and other parts with a rated service life are covered for the warranty period or for the rated number of pulses, shots, or treatment hours stated in the product documentation, whichever comes first.
20.3 Consumables and replacement parts. Consumables, treatment tips, cartridges, and accessories are warranted against defects for thirty (30) days from delivery. Replacement parts purchased outside the warranty period are warranted for thirty (30) days from delivery.
20.4 Service. During the warranty period, Elitera will repair or replace, at its option, any defective equipment or part at no charge, including parts, labor, and applicable shipping. Elitera will first try to resolve the problem by remote troubleshooting. If a covered defect cannot be resolved remotely within a reasonable time, Elitera will use commercially reasonable efforts to provide a loaner or replacement unit, subject to availability.
20.5 Notice. To be covered, you must notify Elitera in writing within five (5) business days after becoming aware of a defect. If a defect may affect patient safety, stop using the device and notify Elitera as soon as reasonably possible.
20.6 What is not covered. The warranty does not cover damage or failure caused by misuse, accident, or neglect; installation not performed by Elitera; failure to follow the operating instructions; operation outside the electrical, environmental, or site conditions Elitera specifies; operation by personnel who have not been trained; moving the equipment without Elitera's guidance; or normal wear and tear.
20.7 Authorized service only. Elitera is the only authorized service provider for its equipment. For safety and quality reasons, any repair, alteration, or modification of the equipment or its software by anyone other than Elitera or its authorized representatives voids the warranty.
20.8 Transfer. The warranty is for the original customer at the original delivery address. It may be transferred to a new owner or a new location with Elitera's written consent, which will not be unreasonably withheld.
20.9 If a defect cannot be fixed. If Elitera is unable to repair or replace a covered defect within a reasonable time after notice, you may return the affected equipment, and Elitera will refund the price paid for it, less a reasonable allowance for use.
20.10 Extended coverage. Extended warranty and service plans may be available for purchase. Any additional coverage must be confirmed by Elitera in writing.
20.11 EXCLUSIVE WARRANTY. THE WARRANTY IN THIS SECTION 20 IS THE ONLY WARRANTY ELITERA GIVES, AND ITS REMEDIES ARE YOUR EXCLUSIVE REMEDIES FOR ANY DEFECT IN THE EQUIPMENT. ELITERA MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MAKES NO WARRANTY AS TO CLINICAL OR FINANCIAL RESULTS.
Part 5Professional use and compliance
21Professional use only
Elitera equipment is supplied for professional use. It must be operated by an appropriately licensed or otherwise legally qualified provider, with any supervision that the law of the state where it is used requires, and in accordance with its instructions for use and labeling. Depending on the device and the state, a qualified provider may be a physician, nurse practitioner, physician assistant, nurse, esthetician, or other licensed professional.
22Your licensing responsibilities
You are solely responsible for holding every license, registration, and permit, and for having every supervision arrangement (including any medical director or supervising practitioner), that the law requires in order to purchase, own, and operate the equipment and to offer treatments with it. You confirm that you are authorized to purchase the equipment under the law of your state. General information that Elitera shares about who may operate a device, or about how a practice may be structured or marketed, is not legal advice and is not an assurance that you or your team may legally operate the equipment.
23Care of patients
Elitera does not provide medical care or medical advice to you or to your patients and clients. You are responsible for patient selection, informed consent, treatment, supervision, and follow-up for every procedure performed with the equipment.
24Records and adverse event reporting
You will keep records sufficient to trace the equipment by serial number. You will notify Elitera within twenty-four (24) hours after any event that reasonably suggests the equipment has or may have caused or contributed to a death or serious injury, or that may have resulted from a malfunction, and you will cooperate with Elitera in handling any technical complaint.
25Patient information
You will not disclose Protected Health Information to Elitera. Before Elitera takes possession of any equipment for service, you will remove all patient information from it.
26Resale, transfer, and modification
You will not rent or lease the equipment, offer it for sale online, move it outside the United States, or transfer it for refurbishment, modification, or diversion. After the equipment is paid in full, you may sell or transfer it to a properly licensed practice with Elitera's prior written consent, which will not be unreasonably withheld. Elitera grants you a non-exclusive, non-transferable license to use the software supplied with the equipment solely to operate it in your practice. You will not copy, modify, reverse engineer, or decompile the equipment or its software. Equipment that has been modified or refurbished by anyone other than Elitera is outside Elitera's quality controls and is used at your own responsibility.
27Discounts and health care program compliance
Discounts and concessions that Elitera provides may be a "discount or other reduction in price" under the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)). Your invoice discloses the discounted price. You are responsible for deciding whether any discount or warranty benefit must be reported to a health care program or payor, and for reporting it accurately where required.
28Manufacturing and sourcing
Elitera platforms are designed and specified by Elitera and produced with specialized manufacturing and engineering partners under Elitera's quality requirements. Every device is inspected and tested before delivery and is supplied with training and documentation for professional use. The identity and location of our partners and our production processes are confidential business information. General references to international engineering or component sourcing describe our development process and are not country-of-origin statements. Country of origin is stated on device labeling where the law requires.
Part 6Programs and services
29Education and training programs
Elitera, its affiliates, and independent clinicians may offer courses, masterclasses, and advanced training. Fees and scheduling terms are stated at registration. Content presented by an independent clinician reflects that clinician's own experience and professional judgment and is not medical advice from Elitera. You remain responsible for practicing within your license and scope of practice.
30Practice launch and event support
Where Elitera agrees to support the launch of a device in your practice, the services are those listed in the launch support document Elitera provides to you (the "Launch Plan"). The following terms apply.
30.1 Services begin once the equipment is paid in full.
30.2 Unless the Launch Plan says otherwise, launch services must be used within nine (9) months after the date of the Launch Plan. Elitera may agree to provide services after that date but is not required to.
30.3 Launch services are a courtesy to the named customer. They have no cash value, are not transferable, and unused services do not give a right to a refund, discount, or credit.
30.4 You will provide the information and cooperation Elitera reasonably needs. Elitera is not responsible for a delay caused by missing information or cooperation.
30.5 Launch results depend on many factors, including your market and your team. Elitera will perform the services with reasonable care and skill, but does not promise a particular attendance, lead, or revenue outcome.
31Elitera events
Invitations to Elitera events are personal to the invited professional and may not be transferred without our approval. Elitera may limit attendance and may decline or withdraw an invitation. Elitera may photograph and film its events and use the images in its communications. Please tell our team if you prefer not to appear.
32Upgrade program
Elitera may offer upgrade pricing that allows a customer to move from one Elitera device (the "Original Device") to another (the "Upgrade Device"). Eligibility is confirmed by Elitera in writing in your Order. Unless your Order says otherwise, the following terms apply.
32.1 Upgrade pricing and upgrade credits apply to that Order only and have no cash value.
32.2 Where the upgrade includes the return of the Original Device, you will return it as Elitera directs, in good working order with normal wear and tear, together with its handpieces and accessories.
32.3 You confirm that you own the Original Device, that it is fully paid, and that it is free of any lien or encumbrance. On request, you will provide proof of payment and of title.
32.4 If the Original Device is not returned as agreed, is returned damaged beyond normal wear and tear, or is subject to a lien, or if information you gave about it was not accurate, Elitera may withdraw the upgrade pricing. In that case the difference between the upgrade price and Elitera's standard price for the Upgrade Device becomes due within ten (10) business days after written notice, together with Elitera's reasonable and documented recovery and shipping costs.
32.5 Where an Order upgrades equipment that has not yet been delivered, the Upgrade Device takes the place of the original item, and the original item will not be delivered.
Part 7Legal terms
33Limitation of liability
33.1 Cap. To the fullest extent the law allows, Elitera's total liability arising out of or relating to these Terms, an Order, the equipment, or the services will not exceed the amount you have actually paid to Elitera for the equipment or service that gave rise to the claim.
33.2 Types of damages. Neither party is liable to the other for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, data, or business opportunity.
33.3 Exceptions. Nothing in these Terms limits liability for fraud or willful misconduct, or any liability that the law does not allow to be limited or excluded.
34Indemnification
34.1 By you. You will defend, indemnify, and hold harmless Elitera and its members, managers, officers, and representatives against third-party claims, including claims by patients or clients, and the resulting damages and expenses (including reasonable attorneys' fees), to the extent they arise from (a) the operation or use of the equipment after delivery by you or anyone you allow to use it; (b) the use of equipment modified or refurbished by anyone other than Elitera; (c) a failure to obtain a required patient consent; or (d) your failure to comply with Part 5. This does not apply to the extent a claim arises from Elitera's own negligence or willful misconduct or from the supply of defective equipment.
34.2 By Elitera. Elitera will defend, indemnify, and hold you harmless against any third-party claim that the equipment, as supplied, infringes that third party's intellectual property rights.
34.3 Procedure. The party seeking indemnity will give prompt written notice of the claim, allow the other party to control the defense, and cooperate reasonably. Neither party will settle a claim in a way that admits fault on behalf of the other without the other's written consent.
35Confidentiality and mutual respect
The pricing, concessions, and terms of your Order are confidential. Each party may share them with its own professional advisors, lenders, and insurers who need to know them, and as the law requires. Neither party will make false or misleading statements about the other or about the other's products, services, or people. Nothing in these Terms restricts truthful statements made to a government agency or in a legal proceeding.
36Events beyond a party's control
Neither party is liable for a delay or failure to perform, other than a payment obligation, to the extent it is caused by events beyond its reasonable control, including natural disasters, severe weather, war, civil unrest, labor disputes, supply-chain disruption, manufacturing delays, customs or carrier delays, or government action.
37Governing law and disputes
37.1 Governing law. These Terms and every Order are governed by the laws of the State of Florida, without regard to its conflict of laws rules.
37.2 Discussion first. If a dispute arises, the parties' principals will first try in good faith to resolve it by direct discussion for thirty (30) days after written notice of the dispute. This does not delay any payment that is due.
37.3 Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, an Order, the equipment, or the services that is not resolved by discussion will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in the English language, seated in Miami-Dade County, Florida. Judgment on the award may be entered in any court with jurisdiction.
37.4 Court relief. Either party may ask a state or federal court in Miami-Dade County, Florida for an injunction or other urgent relief to protect its rights while a dispute is pending.
37.5 Costs and fees. The prevailing party in any arbitration or court proceeding to enforce these Terms or an Order, or to collect an amount due, is entitled to recover its reasonable attorneys' fees and costs.
37.6 Individual claims only. To the extent the law allows, each party may bring claims against the other only in its individual capacity and not as part of any class or representative proceeding.
37.7 JURY WAIVER. TO THE EXTENT THE LAW ALLOWS, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF THESE TERMS OR AN ORDER.
38General
38.1 Entire agreement. These Terms, together with your Order, are the entire agreement between you and Elitera about their subject and replace all earlier discussions, messages, and quotations on that subject.
38.2 Changes in writing. An Order can be changed only by a written document signed by an authorized signatory of each party. No sales representative, employee, or agent can change an Order, or add a promise to it, by conversation, text message, or email.
38.3 Assignment. You may not assign an Order without Elitera's prior written consent. Elitera may use affiliates and qualified subcontractors to perform its obligations and remains responsible for their work.
38.4 Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.
38.5 Severability and waiver. If any part of these Terms is found unenforceable, it will be modified to the smallest extent needed to make it enforceable, and the rest remains in effect. A decision not to enforce a right on one occasion is not a waiver of that right.
38.6 Notices. Legal notices to Elitera must be in writing and sent to contact@eliteras.com. Elitera will send notices to the email address in your Order or the one you most recently provided.
38.7 Survival. The provisions that by their nature should continue after delivery or after an Order ends, including payment, warranty, compliance, liability, indemnification, confidentiality, and dispute terms, continue to apply.
39Contact
Elitera Aesthetics, Miami, Florida. Email: contact@eliteras.com. Telephone: +1 (448) 900-7009.