Terms and Conditions

1. Binding Acceptance

By accessing or using the Platform, you acknowledge and agree that:

• you have read and agree to these Terms;  

• you agree to the Privacy Policy and Patient Rights Supplement applicable to your use of the Platform;

• electronic acceptance, including clicking an acceptance button or checkbox, constitutes a legally binding electronic agreement to the extent permitted by applicable law;

• you are responsible for reviewing these Terms before using the Platform; and
  

• your continued use of the Platform following an applicable update constitutes acceptance of the revised Terms to the extent permitted by law.

If you do not agree to these Terms, do not use the Platform.

2. BodyInc's Role

BodyInc is a technology and administrative platform.

BodyInc provides administrative, technology, communication, scheduling, payment, coordination, customer-support, and related services.

BodyInc is not a healthcare provider and does not provide medical care.

BodyInc does not:

• diagnose medical conditions;

• prescribe medications;

• determine medical eligibility;

• determine whether a particular treatment is clinically appropriate;

• determine which medication a patient should receive;

• determine medication dosage;

• provide independent medical advice;

• alter or override a healthcare provider's clinical decision; or

• exercise clinical control over independent healthcare professionals.

3. Independent Healthcare Providers

Healthcare services made available through the Platform are provided by independent licensed healthcare professionals practicing through their own professional practices or entities.

The applicable healthcare provider is responsible for:

• evaluating you;

• conducting your consultation;

• reviewing information relevant to your care;

• determining whether treatment is clinically appropriate;

• making clinical decisions;

• determining whether to prescribe;

• selecting any medication or treatment;

• determining dosage and instructions;

• answering clinical questions; and

• maintaining applicable clinical records and professional documentation.

BodyInc does not control or override the provider's clinical judgment.

4. No Healthcare Provider Relationship With BodyInc

Your use of the Platform does not create a healthcare provider-patient relationship between you and BodyInc.

A clinical relationship, where established, is between you and the independent healthcare professional and/or applicable professional entity responsible for your care.

BodyInc's administrative or technology functions do not make BodyInc your treating healthcare provider.

5. Independent Professional Practices

Independent healthcare professionals may practice through their own professional practices or entities and are responsible for maintaining the licenses, registrations, insurance, and other professional credentials required for their practice.

Each independent healthcare professional remains responsible for complying with applicable professional, medical, prescribing, and licensing requirements.

BodyInc does not represent that it controls the professional practice of any independent healthcare professional.

6. Provider Identity, Availability, and Continuity

BodyInc does not guarantee that a particular healthcare professional will be available for a particular consultation or remain available through the Platform.

Providers may become unavailable, discontinue participation, change their schedules, or otherwise cease providing services through the Platform.

Where legally and operationally permitted, BodyInc may coordinate your requested services with another appropriately licensed independent healthcare professional.

No provision of these Terms guarantees:

• access to a particular provider;  

• continued access to a particular provider;

• a specific provider-patient relationship;

• a particular treatment decision; or

• continued availability of any particular product or service.

Nothing in this section limits any rights you may have concerning continuity of care under applicable law.

7. Eligibility and Age Attestation

You must be at least 18 years old to use the Platform.

By creating an account, submitting an intake, scheduling a consultation, purchasing services, or otherwise using the Platform, you represent and warrant that:

• you are at least 18 years old;

• the information you provide is accurate, complete, and current;

• you are providing your own information;

• you are authorized to use the account you create; and

• you will not misrepresent your identity, age, location, medical information, or other material information.

BodyInc may rely on these representations without independently verifying every item unless verification is required or appropriate.

8. Geographic and Licensure Limitations

The Platform is intended for use within the continental United States.

Services, providers, medications, products, and other offerings may vary by state and jurisdiction based on:

• healthcare professional licensure;

• pharmacy requirements;

• federal law;

• state law;

• product-specific restrictions;

• prescribing requirements;

• laboratory requirements; and

• other applicable regulatory requirements.

BodyInc does not guarantee that a particular provider, medication, product, pharmacy, or service will be available in your state.

You agree to provide accurate information concerning your location and residence.

You may not provide a false address or other false information to circumvent licensure, prescribing, pharmacy, product, or geographic restrictions.

9. Emergency Disclaimer

THE PLATFORM IS NOT FOR MEDICAL EMERGENCIES.

If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency department immediately.

Do not rely on the Platform, administrative messaging, provider messaging, email, text messages, appointment scheduling, or other communications through the Platform for emergency or urgent medical needs.

BodyInc's administrative personnel are not a substitute for emergency medical services or clinical evaluation.

10. Consultations and Clinical Decisions

Consultations made available through the Platform are performed by independent licensed healthcare professionals.

A consultation does not guarantee:

• a prescription;

• a particular medication;

• a particular dosage;

• approval for treatment;

• eligibility for treatment;

• continued treatment;

• a particular clinical outcome; or

• fulfillment of a particular product.

The independent healthcare professional determines whether treatment is clinically appropriate and whether a prescription should be issued.

BodyInc does not influence, modify, or override that clinical decision.

14. Prescription and Treatment Responsibility

All clinical and prescribing decisions are made by the independent healthcare professional responsible for your consultation.

BodyInc may perform administrative functions necessary to transmit, coordinate, process, or facilitate a prescription or order after a provider has made the applicable clinical decision.

BodyInc cannot guarantee that a prescription will be issued, filled, shipped, renewed, or continued.

15. Consultations and Refunds

Consultation fees and other charges are subject to the pricing and refund terms presented to you at the time of purchase.

Unless otherwise required by applicable law or expressly stated at checkout, consultation fees are refundable only when:

• the scheduled provider fails to attend the consultation; or

• a system failure attributable to BodyInc prevents the consultation from occurring.

Refunds generally will not be provided for:

• missed appointments;

• failure to log in;

• failure to complete required forms;

• incomplete or inaccurate information supplied by you;

• connectivity problems;

• device problems;

• user error;

• failure to appear at the scheduled time; or

• a provider's independent clinical decision not to prescribe or recommend treatment.

Nothing in this section limits rights that you may have directly against a healthcare provider, pharmacy, or other entity under applicable law.

16. Connectivity and Technology Responsibility

You are responsible for maintaining:

• a compatible device;

• internet access;

• appropriate browser or software access;

• functioning email and telephone service where required;

• access to your account credentials; and

• an environment reasonably suitable for completing scheduled services.

BodyInc is not responsible for a missed appointment or inability to access the Platform caused solely by your device, internet connection, connectivity, signal, browser, equipment, or user environment.

17. Products and Returns

Prescription medications, compounded medications, and other products may be subject to restrictions on return or resale.

Unless otherwise required by applicable law, products that have been dispensed or shipped are non-refundable.

If you receive a product that appears damaged, incorrect, defective, or otherwise inconsistent with your order, you should promptly contact BodyInc and/or the applicable pharmacy so that the appropriate party can investigate and address the issue.

Nothing in this section limits rights or remedies that cannot legally be waived.

18. No Resale, Sharing, or Diversion

Products dispensed through the Platform are intended solely for the person for whom they were prescribed or supplied.

You agree not to:

• resell;

• distribute;

• share;

• transfer;

• administer to another person;

• alter;

• misuse; or

• otherwise divert;

any prescription medication or other restricted product obtained through the Platform.

Violation may result in suspension or termination of your account and may be reported to appropriate authorities where required or permitted by law.

19. Subscriptions and Recurring Charges

Where a subscription or recurring service is offered, the applicable subscription terms, price, billing frequency, renewal terms, and cancellation requirements will be presented at or before checkout.

Unless otherwise stated:

• subscriptions automatically renew for the applicable renewal period;

• you are responsible for cancelling before the next renewal date;

• cancellation generally prevents future renewal but does not retroactively cancel charges already incurred;

• charges already properly incurred are generally non-refundable unless otherwise required by law or expressly stated in the applicable offer; and

• you authorize BodyInc or its payment  processor to charge the payment method associated with your account for applicable recurring charges.

Cancellation of a subscription does not necessarily cancel a prescription, consultation, pharmacy order, or other transaction that has already been initiated.

20.  Payment Authorization

By submitting payment information or completing a transaction, you authorize BodyInc or its designated payment processor to charge the payment method you provide for authorized purchases, subscriptions, taxes, fees, and other amounts disclosed at checkout.

You agree not to initiate a payment dispute or chargeback for a charge that you knowingly and validly authorized.

If you believe a charge is incorrect, you should contact BodyInc promptly so that the transaction can be reviewed.

Nothing in this section prohibits you from exercising rights available under applicable payment-network rules or law.

21.  Communications

You consent to receive service and operational communications reasonably necessary to administer your account and provide services you request.

These may include:

• appointment reminders;

• scheduling notices;

• account communications;

• billing notices;

• prescription coordination;

• pharmacy communications;

• security notices;

• technical notices; and

• other service-related communications.

Marketing communications require separate consent as described in the Privacy Policy.

22. Privacy and Health Information

Your use of the Platform is also governed by the BodyInc Privacy Policy and Patient Rights Supplement.

BodyInc may receive, maintain, transmit, or otherwise process health information in connection with its technology and administrative functions.

Depending on the applicable relationship and information involved, BodyInc may handle PHI subject to HIPAA and applicable business-associate agreements.

BodyInc is not the treating healthcare provider.

Independent healthcare providers remain responsible for clinical care and applicable clinical records.

Information may also be handled by other independent entities involved in providing requested services, including healthcare service companies, communications providers, healthcare technology vendors, pharmacies, laboratories, and payment processors.

23. User Representations and Responsibilities

You represent and warrant that:

• information you provide is truthful, accurate, complete, and current;

• you will update material information when it changes;

• you will not misrepresent your identity, age, location, or medical information;

• you will use the Platform only for lawful purposes;
  

• you will not attempt to gain unauthorized access to the Platform;

• you will not interfere with Platform security or operation;

• you will not use another person's account without authorization;

• you will not resell or divert prescription products;

• you will follow applicable provider and pharmacy instructions; and

• you will promptly notify BodyInc of suspected unauthorized access to your account.

24. Platform Availability and Changes

BodyInc may modify, suspend, discontinue, or change portions of the Platform, including features, products, services, providers, pharmacies, technology systems, or availability.

BodyInc does not guarantee uninterrupted availability of the Platform.

BodyInc may suspend or restrict access when reasonably necessary to:

• protect the Platform;

• protect users or third parties;

• investigate suspected misuse;

• comply with legal or regulatory requirements;
  

• prevent fraud or unauthorized activity;

• enforce these Terms; or

• address security or technical concerns.

25. Account Suspension and Termination

BodyInc may suspend or terminate your account or access to the Platform when reasonably necessary, including where you:

• violate these Terms;

• provide materially false information;  

• attempt to circumvent geographic or licensure restrictions;

• misuse prescription products;
  

• engage in fraudulent activity;

• compromise Platform security;

• engage in unlawful conduct; or

• otherwise misuse the Platform.

Termination does not eliminate obligations that by their nature should survive termination, including applicable payment obligations, intellectual property provisions, disclaimers, limitations of liability, dispute-resolution provisions, and indemnification obligations.

26. Intellectual Property

The Platform and its content, software, technology, designs, interfaces, trademarks, service marks, logos, text, graphics, databases, and other materials are owned by or licensed to BodyInc and are protected by applicable intellectual-property laws.

You may use the Platform only for its intended purposes and in accordance with these Terms.

You may not copy, reproduce, modify, distribute, sell, lease, reverse engineer, or otherwise exploit the Platform or its proprietary components except as expressly permitted by law or by BodyInc in writing.

27. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND BODYINC'S TECHNOLOGY AND ADMINISTRATIVE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BODYINC DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

BODYINC DOES NOT WARRANT THAT:

• THE PLATFORM WILL ALWAYS BE AVAILABLE;

• THE PLATFORM WILL BE ERROR-FREE;  

• PARTICULAR PROVIDERS OR PHARMACIES WILL REMAIN AVAILABLE;

• A PRESCRIPTION WILL BE ISSUED;
  

• A PRODUCT WILL BE AVAILABLE;

• A PHARMACY WILL FULFILL AN ORDER;

• A PARTICULAR TREATMENT WILL BE PROVIDED; OR

• A PARTICULAR MEDICAL OR HEALTH OUTCOME WILL OCCUR.

Nothing in this section limits warranties or rights that cannot legally be disclaimed.

28. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BODYINC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO BODYINC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BODYINC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BODYINC IS NOT RESPONSIBLE FOR THE INDEPENDENT CLINICAL DECISIONS, PROFESSIONAL ACTS OR OMISSIONS, PHARMACY OPERATIONS, DISPENSING DECISIONS, COMPOUNDING, SHIPPING, OR OTHER INDEPENDENT ACTS OF THIRD PARTIES EXCEPT TO THE EXTENT LIABILITY CANNOT LAWFULLY BE DISCLAIMED.

Nothing in these Terms limits liability for:

• gross negligence;

• willful misconduct;

• fraud;

• obligations that cannot legally be limited; or  
  

• other liability that applicable law prohibits the parties from limiting.

29. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless BodyInc and its officers, directors, employees, contractors, and agents from claims, liabilities, damages, losses, costs, and expenses arising from or relating to:

• your material breach of these Terms;

• your unlawful use of the Platform;

• your misuse, resale, sharing, or diversion of products;

• your intentional or negligent misuse of the Platform;
  

• information you knowingly provide that is materially false or fraudulent; or
  

• your violation of another person's rights or applicable law.
  

This provision does not require indemnification to the extent a claim results from BodyInc's own conduct for which indemnification is prohibited by applicable law.

30. Arbitration

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or services provided by BodyInc will be resolved through  binding individual arbitration  rather than in court, except where applicable law provides otherwise.

The arbitration will be administered by the American Arbitration Association ("AAA"), or another mutually agreed administrator, under the applicable AAA consumer or commercial arbitration rules.

The arbitrator, and not a court, will have authority to determine the enforceability, interpretation, applicability, or formation of this arbitration provision, except where applicable law reserves such determination for a court.

The arbitration will be conducted in accordance with applicable law and applicable arbitration rules.

Nothing in this section prevents either party from seeking temporary or emergency injunctive relief from a court when permitted by applicable law.

This section survives termination of these Terms.

31. Class Action Waiver

To the maximum extent permitted by applicable law, disputes subject to arbitration must be brought on an individual basis.

You and BodyInc waive participation as a plaintiff or class member in any purported class, collective, representative, consolidated, or private-attorney-general action to the extent such waiver is enforceable under applicable law.

If applicable law prohibits enforcement of this waiver for a particular claim, that claim will proceed in the manner required by applicable law.

32. Jury Trial Waiver

To the maximum extent permitted by applicable law, where a dispute is permitted to proceed in court rather than arbitration, you and BodyInc knowingly and voluntarily waive the right to a jury trial.

33. Time Limitation for Claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to the Platform or these Terms must be brought within one (1) year after the claim arose.

This limitation does not apply to claims for which applicable law prohibits contractual shortening of the limitations period.

34. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be modified or limited to the minimum extent necessary to make it enforceable, if permitted by law.

If modification is not possible, the provision will be severed and the remaining provisions will remain in full force and effect.

If the class-action waiver is determined to be unenforceable as to a particular claim, that claim will proceed as required by applicable law, while the remaining provisions remain effective to the maximum extent permitted.

35. Governing Law

To the maximum extent permitted by applicable law, these Terms and disputes arising from them will be governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Nothing in this provision is intended to deprive you of consumer protections or rights that cannot legally be waived under the laws applicable to you.

36. Assignment

BodyInc may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate restructuring, financing, or sale of assets.

You may not assign your rights or obligations under these Terms without BodyInc's prior written consent, except where such restriction is prohibited by applicable law.

37. Enforcement and Equitable Relief

BodyInc may seek appropriate legal or equitable relief when necessary to protect:

• its intellectual property;

• confidential information;

• Platform security;

• customer accounts;
  

• payment rights;
  

• systems and technology; or
  

• other legitimate business interests.
  

Nothing in this section limits rights or remedies available under applicable law.

38. Entire Agreement

These Terms, together with the BodyInc Privacy Policy and Patient Rights Supplement, constitute the agreement between you and BodyInc concerning your use of the Platform, except for separate agreements or disclosures expressly applicable to a particular service.

If there is a direct conflict:

• the Privacy Policy controls with respect to BodyInc's privacy and data-handling practices;

• a specific service agreement or legally required consent controls with respect to the subject matter it expressly governs; and

• these Terms control other matters concerning use of the Platform.

Nothing in these Terms alters the independent clinical relationship between you and your treating healthcare provider.

39. Changes to These Terms

BodyInc may update these Terms from time to time.

When material changes are made, BodyInc may provide notice through the Platform, by email, by posting revised Terms, or through other legally permitted means.

The revised Terms will include a new effective date.

Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

40. Contact

Questions concerning these Terms may be directed to:

41. Important Relationship Disclosure

BODYINC IS NOT YOUR HEALTHCARE PROVIDER.

BodyInc provides technology, administrative, scheduling, payment, communication, customer-support, provider-coordination, pharmacy-coordination, and related services.

The independent licensed healthcare professional responsible for your consultation makes the clinical decisions concerning your care.

BodyInc does not diagnose, prescribe, determine medical eligibility, select treatment, determine dosage, or override the independent provider's clinical judgment.

Your use of BodyInc does not create a provider-patient relationship between you and BodyInc.