These Terms of Service (“Terms”) constitute a binding agreement between you (“you,” “your,” or “User”) and Body Good Studio LLC and Body Good LLC (collectively, “Body Good,” “we,” “us,” or “our”) governing your access to and use of our websites, mobile applications, telehealth services, e-commerce platforms, and related offerings (collectively, the “Services”).
By using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy and HIPAA Notice of Privacy Practices. If you do not agree, you must discontinue use of the Services immediately.
1. Eligibility and Account Responsibilities
- You must be at least 18 years of age to access or use the Services. We do not provide care to minors.
- You agree to provide accurate, complete, and current information when creating an account or purchasing Services.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- We reserve the right to suspend or terminate accounts for inaccurate, fraudulent, or abusive activity.
2. Medical Disclaimer
- Body Good provides access to licensed clinicians for non-emergency telehealth services.
- Not for emergencies: If you are experiencing a medical emergency, dial 911.
- Prescriptions are issued only when medically appropriate and at the sole discretion of licensed providers.
- No guarantee of results: Weight loss, hair, skin, and wellness outcomes vary. Body Good does not warrant specific results or timelines.
3. E-Commerce; Payments; Refunds
- Consultation fees are non-refundable once provided. Refunds are available only if cancelled prior to consultation.
- Prescription medication sales are final under FDA and pharmacy law.
- Supplement and wellness product sales are final, except in cases of shipping error, in which Body Good will provide a replacement.
- By submitting payment, you authorize us and our processors to charge your designated payment method.
4. Prescription Services
- All medications are dispensed by licensed third-party pharmacies. Body Good does not compound or ship medications directly, except when orders are inadvertently routed to our offices.
- Insurance coverage, copays, or prior authorization approvals are not guaranteed. Patients remain responsible for all uncovered costs.
- Delivery estimates are provided for convenience only and are not guaranteed.
5. Intellectual Property Rights
- All content on the Services—including text, graphics, logos, videos, designs, and software—is owned or licensed by Body Good and protected under U.S. and international copyright, trademark, and other intellectual property laws.
- You are granted a limited, revocable, non-exclusive license to use the Services for personal, non-commercial purposes.
- You may not copy, modify, distribute, transmit, display, or create derivative works from our content without express written consent.
6. Prohibited Conduct
You agree not to:
- Use the Services for unlawful or fraudulent purposes.
- Misrepresent your identity or eligibility for telehealth services.
- Attempt to gain unauthorized access to our systems.
- Interfere with or disrupt the operation of the Services.
- Infringe the intellectual property rights of Body Good or others.
- Use the Services to harass, abuse, or harm others.
7. Disclaimer of Warranties
The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law:
- We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.
- We do not guarantee uninterrupted, error-free, or secure operation of the Services.
8. Limitation of Liability
To the maximum extent permitted by law:
- Body Good, its affiliates, officers, directors, employees, contractors, and providers shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or relating to the Services.
- Our total liability shall not exceed the greater of (i) the amount you paid for the Service giving rise to the claim or (ii) one hundred dollars ($100).
9. Indemnification
You agree to indemnify, defend, and hold harmless Body Good, its affiliates, officers, directors, employees, contractors, and providers from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from:
- Your use or misuse of the Services;
- Your violation of these Terms or applicable law; or
- Your violation of the rights of another party.
10. Dispute Resolution; Governing Law
- These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.
- Any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or our Privacy Practices shall be resolved exclusively by binding arbitration in Florida pursuant to the rules of the American Arbitration Association.
- You waive the right to participate in class actions or jury trials.
- The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
11. DMCA and Intellectual Property Claims
If you believe your copyright or other intellectual property rights have been infringed, you may submit a claim under the Digital Millennium Copyright Act (“DMCA”) to our designated agent:
Legal Department – DMCA Agent
Body Good Studio LLC / Body Good LLC
290 NW 165th Street, Suite M500
Miami, Florida 33169
Email: legal@bodygoodstudio.com
Phone: 305-422-9921
Your notice must comply with 17 U.S.C. § 512.
12. Force Majeure
We shall not be responsible or liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, labor disputes, supply chain disruptions, government actions, or telecommunications failures.
13. Termination
We may suspend or terminate your access to the Services at our sole discretion, with or without notice, for conduct that violates these Terms, threatens the security of the Services, or is otherwise harmful to Body Good or others.
14. Modifications to Terms
We reserve the right to revise these Terms at any time. Updated Terms will be posted on our website with the “Effective Date” indicated above. Your continued use of the Services after posting constitutes acceptance of any revisions.
15. Contact Information
For questions regarding these Terms, contact:
Legal Department
Body Good Studio LLC / Body Good LLC
290 NW 165th Street, Suite M500
Miami, Florida 33169
Email: legal@bodygoodstudio.com
Phone: 305-422-9921
