Terms of Service

Simply U Medi Spa LLC (“Simply U MediSpa,” “we,” “us,” or “our”)
Effective Date: July 22, 2025

1. Agreement to Terms

By accessing or using our websites, landing pages, funnels, online booking tools, or other services (collectively, the “Services”), you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Services.

HIPAA Notice. When you become our patient, your Protected Health Information (“PHI”) is governed by our HIPAA Notice of Privacy Practices (“NPP”). These Terms cover your general use of the Services and do not limit your HIPAA rights.

2. Eligibility & Accounts

  • You must be at least 18 years old (or the age of majority in your state) and able to form a binding contract.
  • You agree to provide accurate, current, and complete information and to keep it updated.
  • You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately of any unauthorized use.

3. No Medical Advice

Content on the Services is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition. If you are experiencing a medical emergency, call 911.

4. Communications; SMS & Email

By providing contact information, you consent to receive transactional communications (e.g., confirmations, reminders, follow-ups). Marketing texts/emails are sent only if you opt in.

  • SMS Opt Out: Reply STOP to any text to opt out. Reply HELP for help. Msg & data rates may apply.
  • Calls may be recorded or monitored for quality and training where permitted by law.

5. User Content & Conduct

You are responsible for content you submit (photos, reviews, messages, etc.) and represent that you own it or have permission to share it. You agree not to:

  • Post unlawful, defamatory, obscene, harassing, or hateful content;
  • Violate others’ privacy or intellectual property rights;
  • Introduce malware or interfere with the Services;
  • Use bots, scrapers, or similar tools without written consent.

License Grant. By submitting content, you grant us a worldwide, nonexclusive, royalty-free license to use, reproduce, and display it in connection with operating and improving the Services (subject to our Privacy Policy and HIPAA NPP regarding PHI).

6. Intellectual Property

The Services (text, graphics, logos, images, software, code) are owned by or licensed to Simply U MediSpa and protected by law. Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Services.

7. Pricing, Offers & Third-Party Links

Prices, promotions, and features may change without notice. The Services may link to third-party websites or tools (e.g., Google Meet). We are not responsible for their content or policies. Access them at your own risk.

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIMPLY U MEDISPA OR ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US, IF ANY, IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Simply U MediSpa and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your: (a) use of the Services; (b) violation of these Terms; or (c) infringement of any third-party right.

11. Copyright Complaints (DMCA)

If you believe your copyrighted work has been used on the Services without authorization, send a written notice to:

DMCA Agent – Simply U Medi Spa LLC
Email: [email protected]

Your notice must include: (1) your physical or electronic signature; (2) identification of the work claimed infringed; (3) identification of the material and its location; (4) your contact info; (5) a good-faith statement that the use is unauthorized; and (6) a statement under penalty of perjury that you are authorized to act.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination (e.g., IP rights, disclaimers, limitation of liability, indemnity) survive.

13. Governing Law; Arbitration & Class Waiver

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Binding Arbitration. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in Lee County, Florida, under the rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND WE AGREE THAT ANY PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR ARBITRATION. You may seek individual relief in small-claims court if your claim qualifies.

14. Electronic Communications & Signatures

By using the Services, you consent to receive communications electronically. You agree that electronic signatures and records have the same force and effect as paper signatures and records.

15. Changes to These Terms

We may update these Terms from time to time. The Effective Date above reflects the latest version. If we make material changes, we will post a notice on the Services. Your continued use after changes means you accept the updated Terms.

16. Miscellaneous

  • Entire Agreement. These Terms, together with any applicable consent forms or service agreements you sign, constitute the entire agreement between you and us.
  • Severability. If any provision is held invalid, the remaining provisions remain in effect.
  • No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, sale, or reorganization.

17. Contact Us

Simply U Medi Spa LLC
15750 New Hampshire Ct, Suite B
Fort Myers, FL 33908
Phone: 239-414-2200
Email: [email protected]

Disclaimer: These Terms are provided for general informational purposes and do not constitute legal advice. Consult your attorney to ensure compliance with HIPAA, TCPA/A2P, arbitration enforceability, and any state-specific requirements.