Terms of Service

⚠️ DRAFT — PENDING ATTORNEY REVIEW. This document has not been reviewed by a licensed attorney. Governing law, arbitration clauses, limitation of liability, and provider-independence language all require specific review. Subject to material changes.

Effective Date: [TO BE SET AT GO-LIVE] Version: 0.1-DRAFT

1. Acceptance

These Terms of Service (the "Terms") are a legally binding agreement between you (the "User") and BodyEnhance [legal entity to be confirmed — e.g., BodyEnhance, Inc., a Delaware corporation] ("BodyEnhance," "we," "our"). By creating an account, booking a consultation, or otherwise using the BodyEnhance platform (the "Platform"), you agree to these Terms. If you do not agree, do not use the Platform.

2. Who can use the Platform

• You must be at least 18 years of age to use the Platform. Minors are not permitted, regardless of parental consent during the MVP phase.
• You must be a U.S. resident physically located in a state where BodyEnhance operates. During the MVP, we operate only in Florida.
• You must provide accurate, current, and complete information during signup, intake, and scheduling.
• Healthcare providers ("Providers") wishing to use the Platform must complete a separate onboarding process, execute a Provider Services Agreement, and meet credentialing requirements we establish.

3. What BodyEnhance is — and what it is not

BodyEnhance is a two-sided marketplace connecting patients with independent, board-certified physicians who offer aesthetic-medicine consultations and (eventually) procedure bookings.

BodyEnhance is not:

• A medical provider. We do not practice medicine, diagnose, treat, or prescribe. We do not employ the Providers you consult with.
• A medical insurer or insurance agent.
• A substitute for emergency medical care. If you have a medical emergency, call 911.
• A diagnostic service. Information on the Platform is provided for informational purposes only and does not constitute medical advice.

Providers are independent contractors, not employees or agents of BodyEnhance. Each Provider is solely responsible for:

• The medical advice, recommendations, and care they provide
• Their licensure, credentialing, and good standing with applicable medical boards
• Their professional liability insurance
• Any treatment decisions, prescriptions, or procedures

BodyEnhance verifies certain Provider credentials (NPI number, state licensure, board certification) at onboarding and periodically thereafter, but makes no warranty or guarantee as to the quality, outcome, or safety of any care provided by a Provider.

4. Accounts

• You are responsible for maintaining the confidentiality of your account credentials and for all activities on your account.
• You must notify us promptly if you suspect unauthorized access.
• We may suspend or terminate accounts that violate these Terms, provide false information, or engage in fraudulent activity.

5. Consultations

5.1 Booking and payment

• The consultation fee is $120 USD, paid in full at the time of booking via Stripe.
• Payment processes the booking, secures a time slot, and generates the Provider's preparation materials. The consultation fee is not an hourly rate, retainer, or membership.

5.2 Refund policy

The consultation fee is non-refundable, except as expressly set out below. Before paying, you acknowledge and accept this policy.

• Full refund if the Provider cancels, fails to appear, or reschedules in a way that does not work for you.
• No refund if you cancel, regardless of how far in advance. Once you have paid, the Provider is notified and begins preparing for the Consult by reading your intake; that preparation time is owed regardless of whether the Consult ultimately takes place.
• No refund if you fail to appear at the scheduled time (a "no-show").
• No refund if the Consult takes place as scheduled, regardless of whether you choose to pursue a procedure afterward.
• Discretionary credit: In limited circumstances (e.g., documented medical emergency, bereavement, first-time cancellation), BodyEnhance may, at its sole discretion, issue a one-time credit equal to the consultation fee, applicable toward a future Consult with any Provider on the Platform within 30 days. This is not a right and should not be relied upon. Contact support@bodyenhance.co to request consideration.

[⚠️ attorney: this no-refund-under-any-circumstances policy is intentionally stricter than common healthcare-consultation practice. Please confirm enforceability under Florida Deceptive and Unfair Trade Practices Act (FDUTPA) given the fee is prepaid and disclosed, and that the "discretionary credit" language doesn't inadvertently create an implied right.]

5.3 Rescheduling

You are entitled to one (1) free reschedule per paid booking, subject to the following:

• The reschedule request must be submitted at least 24 hours before the currently-scheduled Consult start time. Within the 24-hour window, the slot is treated as locked; see "forfeiture" below.
• The reschedule must move the Consult to another open slot within 60 days of the original scheduled date.
• Provider-initiated rescheduling (for any reason) is always free and does not count against your one free reschedule.

Forfeiture. Once your one free reschedule is used, the booking is final. If thereafter you (a) fail to appear at the rescheduled time (a "no-show"), (b) cancel, or (c) request an additional reschedule, the booking is forfeit. There is no refund and no further rescheduling. To see the Provider again you must place a new booking and pay the full $120 consultation fee.

Missing the 24-hour cutoff on your first reschedule attempt has the same effect as a no-show under the refund policy in §5.2 — no refund, no reschedule.

[⚠️ attorney: confirm this forfeiture language is enforceable under FDUTPA; particularly the "no further reschedule, rebook at full fee" clause. Prominence in pre-purchase disclosure is already increased on /book.]

5.4 Nature of the consultation

• The consultation is a pre-procedure discussion only. It is not a treatment, diagnosis, or authorization for any procedure.
• Any procedure booked after a consultation requires separate informed consent and a separate agreement with the Provider.

6. Medical information and informed consent

Before attending a Consult, you must complete the medical intake accurately and truthfully. You must also acknowledge:

• The Telehealth Informed Consent
• The HIPAA Notice of Privacy Practices
• The Photo Use Consent

Inaccurate intake responses may compromise your safety and the Provider's ability to give you useful advice. Knowingly providing false medical information may constitute a breach of these Terms and will void our obligation to refund or reschedule.

7. Fees and charges

• BodyEnhance collects the consultation fee at the time of booking and remits a portion to the Provider, retaining the balance as a platform fee to cover operating costs. You pay one flat fee; the internal split is not your concern.
• All amounts are in U.S. Dollars.
• Payment is processed by Stripe. By submitting payment, you authorize us to charge your payment method for the consultation fee and, if applicable, any rescheduling fees or procedure fees you agree to separately.

8. Prohibited conduct

You agree not to:

• Use the Platform for any unlawful purpose, including fraud, harassment, or infringement of intellectual property
• Impersonate anyone or misrepresent your identity, age, or location
• Circumvent, disable, or interfere with security features
• Attempt to access other users' accounts or data
• Solicit Providers to conduct consultations outside the Platform to avoid fees
• Upload malicious code, spam, or harmful content
• Scrape, crawl, or extract Platform content in bulk
• Use the Platform if you are not a patient seeking a consultation (e.g., competitive research, bots)

Violations may result in account suspension or termination without refund, and may be reported to law enforcement where appropriate.

9. Intellectual property

• All Platform content, software, and branding (excluding user-submitted content and Provider-submitted content) is owned by BodyEnhance or its licensors and protected by intellectual property laws.
• You retain ownership of intake content you submit (text, photos) and grant BodyEnhance a limited, non-exclusive, non-transferable license to use it solely to provide the Platform services, consistent with our HIPAA and photo-use consents.
• Feedback you provide about the Platform may be used without compensation or attribution.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties regarding the outcome, safety, or quality of any medical care provided by a Provider

No oral or written information from BodyEnhance creates any warranty not expressly stated here.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• BodyEnhance will not be liable for any indirect, incidental, special, consequential, or punitive damages, regardless of cause or theory of liability
• BodyEnhance's aggregate liability under these Terms will not exceed the greater of (a) $500 or (b) the total fees you have paid to BodyEnhance in the 12 months preceding the claim
• BodyEnhance is not liable for the acts, omissions, negligence, or malpractice of Providers, who are independent contractors. Claims regarding the quality of medical care must be pursued against the Provider directly or through applicable regulatory/licensing bodies.

Some jurisdictions do not allow limitation of certain damages, so portions of this section may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless BodyEnhance, its officers, directors, employees, and affiliates from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising from:

• Your use of the Platform in violation of these Terms
• Your breach of any representation or warranty in these Terms
• Any misrepresentation of your age, location, or medical information
• Any dispute between you and a Provider regarding the substance of the medical care

13. Dispute resolution and arbitration

⚠️ attorney: please fully review arbitration enforceability in Florida, small-claims carve-out, class-action waiver language, and whether the clause should be opt-out by default.

13.1 Informal resolution first

Before filing any claim, you agree to first notify BodyEnhance in writing at legal@bodyenhance.co describing the dispute and the relief requested. We will attempt to resolve the dispute informally within 60 days.

13.2 Binding arbitration

If informal resolution fails, you and BodyEnhance agree to resolve any dispute arising out of or relating to these Terms or the Platform through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except:

• Either party may bring an individual claim in small-claims court that qualifies
• Either party may seek injunctive relief in court to protect intellectual property or confidential information
• HIPAA complaints to HHS are not waived by this clause

Arbitration will be held in Miami-Dade County, Florida, unless the parties agree otherwise. The arbitrator will apply Florida law.

13.3 Class-action waiver

YOU AND BODYENHANCE AGREE THAT CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. No class, collective, or representative actions are permitted.

13.4 Opt-out

You may opt out of this arbitration agreement by sending written notice to legal@bodyenhance.co within 30 days of first accepting these Terms.

14. Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to Section 13, any action not subject to arbitration must be brought in the state or federal courts located in Miami-Dade County, Florida.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (to the address on your account) at least 30 days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and may close your account.

16. Termination

• You may close your account at any time by contacting support@bodyenhance.co.
• We may suspend or terminate your account for material breach of these Terms, fraud, or legal compliance reasons, with or without notice depending on the circumstances.
• Sections 9, 10, 11, 12, 13, 14, and this Section will survive termination.

17. Miscellaneous

• Entire agreement: These Terms, together with the incorporated consents and policies, constitute the entire agreement between you and BodyEnhance.
• No waiver: Our failure to enforce any right or provision is not a waiver of that right.
• Severability: If any provision is held unenforceable, the remaining provisions remain in effect.
• Assignment: You may not assign these Terms without our consent; we may assign them to an affiliate, acquirer, or successor.
• Notices: We will send notices to the email on your account. You may send notices to legal@bodyenhance.co.

18. Contact

• General: support@bodyenhance.co
• Legal / disputes: legal@bodyenhance.co
• Privacy (HIPAA): privacy@bodyenhance.co
• Mailing address: [TBD — business mailing address to be added before publishing]

Revision history