Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the MedSpa Oversight platform, website, and related services (collectively, the "Service") operated by MedSpa Oversight, Inc. ("MedSpa Oversight," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Account Responsibilities

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying MedSpa Oversight immediately of any unauthorized access or use of your account
• Ensuring that your account information remains accurate and up to date
• Complying with all applicable laws and regulations in connection with your use of the Service

MedSpa Oversight reserves the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or are used in a manner that is harmful to MedSpa Oversight or other users.

3. Permitted Use

The Service is designed for use by licensed healthcare clinics, medical spas, and licensed nurse practitioners for the purpose of conducting medical clearance video consultations. You agree to use the Service only for its intended purpose and in compliance with applicable laws.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulation
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to transmit malicious code, spam, or other harmful content
• Resell, sublicense, or redistribute the Service without written authorization
• Misrepresent your identity, credentials, or licensure status

4. Prohibited Uses

The following uses of the Service are strictly prohibited. Engaging in any of them is grounds for immediate suspension or termination of your account.

• Requesting or issuing clearances for services that are not legally permitted in the clinic's jurisdiction
• Use of the Service by unlicensed or improperly credentialed providers
• Issuing clearances without first obtaining all required patient consents
• Use of the Service for any purpose outside the scope of medical clearance
• Fraudulent, abusive, or otherwise illegal use of payment instruments

5. Provider Responsibilities

Nurse practitioners using the Service are independent licensed providers. Each provider is solely responsible for:

• Maintaining current, unrestricted licensure in all states where they provide services
• Exercising independent clinical judgment in all clearance decisions
• Maintaining professional liability insurance adequate for their practice
• Complying with all applicable state and federal regulations governing their practice

MedSpa Oversight does not direct or control the clinical decisions of providers using the platform. The Service is a technology platform that facilitates consultations; it does not provide medical advice or services.

6. Payment Terms

Clinic users are charged on a per-clearance basis. Fees are charged when a clearance consultation is completed and a signed letter is delivered. Current pricing is available on our Pricing page.

• All fees are quoted in U.S. dollars and are non-refundable unless otherwise stated
• Payment is due at the time of service unless alternative billing arrangements have been agreed upon in writing
• MedSpa Oversight reserves the right to modify pricing with 30 days' notice to active users
• Failure to pay may result in suspension of your account and access to the Service
• Volume discounts may apply based on monthly usage and are calculated automatically

Provider compensation is governed by separate agreements between MedSpa Oversight and each provider.

Payment Processor

Payments are processed by Stripe, Inc. (https://stripe.com/privacy). MedSpa Oversight does not store full credit card numbers.

Refund Policy

Per-clearance fees are non-refundable once a consultation has commenced. If a consultation cannot complete due to a technical failure on our end, the fee will be refunded automatically to the original payment method within 5-10 business days. Subscription fees are non-refundable for the current billing period; cancellation takes effect at the end of the current billing period.

Dispute Process

If you believe a charge was made in error, contact billing@medspaoversight.com within 30 days of the charge. We will investigate and credit your account if the charge was made in error. You retain your rights under your card issuer's chargeback procedures.

Subscription Cancellation

Active clinic subscriptions may be cancelled at any time from the clinic billing portal or by contacting support. Cancellation stops future renewals; no refund is issued for the current billing period.

Sales Tax

MedSpa Oversight does not currently collect sales tax. Tax obligations on services rendered are the responsibility of the clinic.

7. HIPAA and Protected Health Information

When a clinic is a covered entity under HIPAA, MedSpa Oversight acts as a Business Associate. Processing of Protected Health Information (PHI) requires a signed Business Associate Agreement (BAA) between MedSpa Oversight and the covered entity. The BAA — not these Terms — governs our PHI handling obligations.

You agree to:

• Use the Service in compliance with HIPAA and all applicable privacy regulations
• Obtain any required patient consents before initiating a clearance consultation
• Not transmit PHI through unsecured channels outside the Service
• Promptly report any suspected security incidents involving PHI to MedSpa Oversight

For more information about our compliance practices, please see our HIPAA Compliance page.

8. Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by MedSpa Oversight and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. You do not acquire any ownership rights in the Service. MedSpa Oversight's name, logo, and related branding are trademarks of MedSpa Oversight, Inc. and may not be used without written permission.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MedSpa Oversight does not warrant that the Service will be uninterrupted, error-free, or completely secure. MedSpa Oversight is a technology platform and does not provide medical services, medical advice, or clinical oversight.

All clinical decisions made through the Service are the sole responsibility of the licensed provider conducting the consultation. MedSpa Oversight disclaims any liability for clinical outcomes arising from clearance decisions made by providers using the platform.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDSPA OVERSIGHT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL MEDSPA OVERSIGHT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO MEDSPA OVERSIGHT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless MedSpa Oversight and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any third-party rights, or any clinical decisions or actions taken by providers using the platform.

12. Termination

You may terminate your account at any time by contacting MedSpa Oversight. MedSpa Oversight may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.

Upon termination:

• Your right to access and use the Service will immediately cease
• Any outstanding payment obligations remain due
• MedSpa Oversight will retain records as required by applicable law and our data retention policies
• Provisions of these Terms that by their nature should survive termination will remain in effect, including disclaimers, limitation of liability, and indemnification

13. Modifications to Terms

MedSpa Oversight reserves the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any executed BAA, constitute the entire agreement between you and MedSpa Oversight regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: The failure of MedSpa Oversight to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without MedSpa Oversight's prior written consent. MedSpa Oversight may assign its rights and obligations without restriction.
• Force Majeure: MedSpa Oversight shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including natural disasters, acts of government, or interruptions to internet service.