Terms of Service

IMPORTANT – LEGALLY BINDING AGREEMENT

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THE SITE OR USING OUR SERVICES.

THESE TERMS CONTAIN, TO THE EXTENT PERMITTED BY LAW, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AN EXCLUSIVE REMEDY, A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU:

1. ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY (INCORPORATED BY REFERENCE);

2. REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, AND IF YOU ARE ACTING ON BEHALF OF A LEGAL ENTITY, THAT YOU ARE AUTHORIZED TO BIND THAT ENTITY; AND

3. ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, REGISTER, OR USE THE SITE OR ANY OF OUR SERVICES.

1. PARTIES; ACCEPTANCE & SCOPE

These Terms of Service and Terms of Use (the “Terms” or “Agreement”) form a binding contract between you (“User,” “you,” or “your”) and Edward and Grace Holdings, LLC dba The Skin and Body Shop™ (referred to as “The Skin and Body Shop™,” “we,” “us,” or “our”).

These Terms apply to:

• Our website, www.theskinbodyshop.com (the “Site”); and

• Any other websites, online services, booking tools, portals, forms, SMS programs, or digital content where these Terms are posted, linked, or incorporated by reference (collectively, the “Services”).

Your use of any part of the Services constitutes your acceptance of these Terms.

2. ELIGIBILITY; REGISTRATION & ACCOUNTS

2.1 Eligibility

To use the Services, you must:

• Be at least 18 years of age; and

• Have the legal capacity to enter into a binding contract under the laws of the State of Florida.

If you are a minor where you live, you may use the Services only with the consent and direct supervision of your parent or legal guardian, who must read and agree to these Terms on your behalf.

2.2 Registration & Account Information

We may require you to create an account or profile (“Registration”) to use certain features. You agree to:

• Provide accurate, current, and complete information during Registration;

• Maintain and promptly update your information when it changes; and

• Maintain only one individual account per person unless we explicitly authorize otherwise.

Failure to maintain accurate information may limit or disrupt your use of the Services.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to:

• Keep your username and password confidential;

• Not share your account with any other person; and

• Notify us immediately at admin@theskinbodyshop.com if you suspect unauthorized access, loss, or theft of your credentials or device.

You should review your account periodically to identify any unauthorized activity.

2.4 OFAC / Sanctions Compliance

You agree not to access or use the Services from any country or territory subject to comprehensive sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) or otherwise in violation of applicable sanctions laws. Any attempt to access the Services from such jurisdictions may result in suspension or termination of access.

3. NO MEDICAL ADVICE; NO PROVIDER–PATIENT RELATIONSHIP

All information on the Site and through the Services—including text, images, videos, descriptions of treatments (e.g., IV hydration, injections, aesthetics, wellness services), pricing, educational articles, and FAQs—is provided for general informational and marketing purposes only.

The Services do not:

• Provide medical advice, diagnosis, or treatment;

• Replace an in-person consultation with a licensed healthcare provider; or

• Create a physician–patient or provider–patient relationship.

You should always consult a qualified healthcare provider for personalized advice before making any medical or wellness decisions. Never ignore or delay seeking professional medical advice because of something you have read on the Site.

4. ACCESS TO THE SERVICES; EQUIPMENT & AVAILABILITY

You are responsible for obtaining and maintaining all devices, equipment, internet connections, and data plans needed to access the Services and for all related charges.

We do not guarantee that the Site or Services:

• Will be compatible with your devices or browser;

• Will be available at any particular time; or

• Will be free from interruptions, delays, errors, or security incidents.

We reserve the right, at any time and without notice, to:

• Modify, suspend, or discontinue any part of the Services;

• Restrict access to some or all Users; or

• Update or change features or content.

We will not be liable for any unavailability or modification of the Services.

5. COLLECTION & USE OF TECHNICAL / USAGE DATA

We may use cookies, pixels, log files, and similar technologies to collect technical and usage data relating to your interaction with the Services. This may include:

• IP address, device identifiers, browser type/version, operating system, time zone;

• Pages viewed, clickstream data, URLs visited before and after, timestamps;

• Aggregate and de-identified usage patterns.

By using the Services, you consent to our collection, use, and disclosure of such data in accordance with these Terms and our Privacy Policy, including to:

• Operate, maintain, secure, and improve the Services;

• Diagnose issues and analyze performance;

• Develop new features, offerings, or services; and

• Produce aggregated or de-identified analytics and business intelligence.

We may use and disclose aggregate or de-identified data for any lawful business purpose, provided it does not reasonably identify you.

6. OWNERSHIP; INTELLECTUAL PROPERTY; LIMITED LICENSE

6.1 Ownership

All content and materials made available through the Services—including text, graphics, logos, icons, images, audio/video clips, software, code, interfaces, look-and-feel, and compilations (collectively, the “Content”)—are owned by or licensed to Edward and Grace Holdings, LLC dba The Skin and Body Shop™ and are protected by U.S. and international intellectual property laws.

You acknowledge that you do not acquire any ownership interest in the Services or Content by using the Services.

6.2 Limited License

Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content for your personal, non-commercial use only.

You may not, without our prior written consent:

• Copy, reproduce, distribute, publish, publicly display, or publicly perform the Content;

• Modify, adapt, translate, or create derivative works;

• Sell, resell, or exploit the Services or Content for any commercial purpose;

• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services.

All rights not expressly granted are reserved by The Skin and Body Shop™.

6.3 Suggestions & Feedback

If you submit ideas, feedback, suggestions, or other input about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and exploit such Feedback for any lawful purpose, without attribution or compensation.

7. USER CONTENT; DATA LICENSE

To the extent you upload, submit, or transmit information, content, or other data through the Services (“User Content”), you grant The Skin and Body Shop™ a limited license to:

• Use, reproduce, store, distribute, display, and process User Content as necessary to operate the Services, fulfill appointments, and communicate with you; and

• De-identify or aggregate User Content to create non-personally identifiable data for analytics and improvement of the Services.

You represent and warrant that:

• You have all rights necessary to grant this license; and

• Your User Content does not infringe or violate the rights of any third party or any law.

You remain responsible for your User Content and its legality.

8. USER CONDUCT & PROHIBITED USES

You agree to use the Services only for lawful purposes and in accordance with this Agreement and applicable laws.

You shall not:

• Violate any federal, state, local, or international law or regulation;

• Upload, transmit, or otherwise make available any content that is unlawful, defamatory, obscene, abusive, harassing, hateful, or otherwise objectionable;

• Engage in spam, unsolicited advertising, or other promotional activities not authorized by us;

• Impersonate any person or entity or misrepresent your affiliation;

• Infringe any intellectual property, privacy, or other proprietary rights of any person;

• Introduce viruses, malware, trojans, worms, logic bombs, or other harmful code;

• Use any robot, spider, scraper, or other automated means to access, monitor, or copy the Services;

• Attempt to gain unauthorized access to any systems, accounts, or networks;

• Interfere with or disrupt the Services or any servers or networks connected to the Services.

We may suspend or terminate your access for any violation of this section or any other provision of these Terms.

9. PURCHASES, FEES, PAYMENTS, TAXES & PROMOTIONS

9.1 Fees & Payments

You are responsible for all charges, fees, and taxes associated with your use of the Services, including appointment fees, products, or memberships.

By submitting a payment method, you represent that you are authorized to use it and authorize us (and our payment processors) to charge:

• The amount disclosed at checkout (including applicable taxes, service charges, and fees); and

• Any applicable cancellation or no-show fees in accordance with our policies.

If a payment method is invalid or cannot be processed, we may suspend or cancel your booking or access to certain Services.

9.2 Taxes

Prices shown may not include sales or other applicable taxes. Where required by law, we will collect such taxes at checkout.

9.3 Promotions & Discounts

We may, in our sole discretion, offer discounts, promotions, or special offers (“Promotions”). Unless expressly stated:

• Promotions are personal to you and non-transferable;

• Promotions cannot be redeemed for cash;

• Promotions may be subject to additional terms, conditions, and expiration dates;

• We may modify, suspend, or terminate Promotions at any time.

Promotions will not alter your obligations under these Terms unless explicitly stated.

10. APPOINTMENTS, CANCELLATIONS & NO-SHOWS

Appointments scheduled through the Site, phone, or third-party platforms are subject to our then-current Cancellation and No-Show Policy, which may require:

• Deposits or prepayment;

• Minimum notice for canceling or rescheduling; and

• No-show or late cancellation fees.

By booking, you authorize us to charge your payment method for such fees in accordance with posted policies.

11. SMS TEXT MESSAGES & OTHER COMMUNICATIONS

If you provide a mobile number or opt in to receive text messages (SMS/MMS) or automated calls:

• You consent to receive communications about appointments, reminders, marketing, promotions, and operational messages at the number you provide;

• Messages may be sent via automated dialing systems, prerecorded messages, and/or text;

• Message and data rates may apply;

• Message frequency may vary.

Consent to receive marketing texts is not a condition of purchase or treatment.

You may opt out of marketing texts at any time by replying STOP (or as instructed in the message). Opting out may not stop certain important operational or transactional messages (e.g., appointment confirmations).

You represent that you are the owner or authorized user of the phone number provided.

12. THIRD-PARTY SITES, TOOLS & INTEGRATIONS

The Services may contain links to third-party websites, applications, or tools (e.g., booking systems, payment processors, social media platforms). These third-party sites are not controlled by us, and we are not responsible for:

• Their content, accuracy, or policies;

• Their collection or use of your data; or

• Any transactions or interactions you have with them.

Your use of third-party sites is at your own risk and governed by their terms and privacy policies.

13. CONTENT ACCURACY & CHANGES

We use reasonable efforts to keep information on the Site accurate and current; however:

• Information (including service descriptions, pricing, availability, promotions, and educational content) may contain errors, omissions, or inaccuracies;

• We may correct, update, or change information at any time without prior notice.

Any reliance on Site content is at your own risk. We disclaim liability for decisions made based on Site content.

14. COPYRIGHT & DMCA PROCEDURE

We respect intellectual property rights. If you believe any material on the Services infringes your copyright, you may send us a notice that includes:

• Your contact information;

• Identification of the copyrighted work claimed to be infringed;

• Identification of the allegedly infringing material and its location on the Services;

• A statement that you have a good-faith belief the use is not authorized;

• A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner’s behalf; and

• Your physical or electronic signature.

Please send copyright notices to:

Email: admin@theskinbodyshop.com

Subject Line: DMCA Notice

Upon receipt of a compliant notice, we may remove or disable access to the allegedly infringing material, and we may terminate repeat infringers where appropriate.

15. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

• DEFECTS WILL BE CORRECTED; OR

• THE SERVICES OR THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY;

• FITNESS FOR A PARTICULAR PURPOSE;

• NON-INFRINGEMENT; AND

• ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT GUARANTEE OR WARRANT ANY PARTICULAR CLINICAL OR COSMETIC RESULTS FROM TREATMENTS; INDIVIDUAL RESULTS VARY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SKIN AND BODY SHOP™, ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR

• DAMAGES RELATING TO USE OR INABILITY TO USE THE SERVICES,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE ABOVE, WE ARE FOUND LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR SERVICES VIA THE SITE IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY; IN SUCH CASES, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Skin and Body Shop™, its owners, officers, employees, contractors, and affiliates from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services;

• Your violation of these Terms or any applicable law;

• Your infringement of any third-party rights; or

• Your User Content or communications.

This obligation will survive any termination of these Terms or your use of the Services.

18. GOVERNING LAW

These Terms and any dispute arising from or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles.

19. DISPUTE RESOLUTION; MEDIATION & BINDING ARBITRATION

19.1 Informal Resolution & Mediation

Before initiating formal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy (“Dispute”) with us informally by sending a written notice describing the Dispute to:

Email: admin@theskinbodyshop.com

Subject Line: Notice of Dispute

The notice must include your name, contact information, a description of the Dispute, and the relief sought. The parties will attempt in good faith to resolve the Dispute within 30 days. If not resolved, the parties agree to participate in non-binding mediation in Miami-Dade County, Florida, with a mutually agreed mediator. Each party will bear its own costs; mediation fees will be shared equally.

19.2 Mandatory Arbitration

Except for claims that may be brought in small claims court or as otherwise prohibited by law, any Dispute not resolved by mediation shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator in Miami-Dade County, Florida.

You understand that by agreeing to arbitration you are waiving the right to a trial in court and to a jury.

The arbitrator may award individual relief that would be available in court, subject to these Terms, but may not award class-wide or representative relief.

19.3 Class Action & Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE SKIN AND BODY SHOP™ AGREE THAT:

• ANY ARBITRATION OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS;

• NO CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS ARE PERMITTED;

• NEITHER PARTY MAY BE A CLASS REPRESENTATIVE OR MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If a court determines that this class-action waiver is unenforceable as to any claim, then the arbitration provision shall not apply to that claim, and such claim may proceed in court.

20. JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE SKIN AND BODY SHOP™ IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

21. LIMITATION ON TIME TO FILE CLAIMS

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT IS FOREVER BARRED.

22. FORCE MAJEURE

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, utility or communications outages, pandemics, governmental actions, or other events of a similar nature.

23. MODIFICATIONS TO THESE TERMS

We may update or modify these Terms from time to time in our discretion. When we do:

• We will post the updated Terms on the Site with a new “Last Updated” date; and

• Changes become effective upon posting unless a later date is stated.

Your continued use of the Services after the updated Terms are posted constitutes your acceptance of the changes. If you do not agree, you must discontinue use of the Services.

24. SEVERABILITY; NO WAIVER

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect and will be enforced to the maximum extent permitted by law.

No waiver by us of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and any failure to enforce a right or provision does not constitute a waiver of such right or provision.

25. TERM & TERMINATION

These Terms become effective when you first access or use the Services and remain in effect until terminated by either party.

You may terminate by discontinuing use of the Services. We may terminate or suspend your access to the Services, in whole or in part, at any time, with or without notice and for any or no reason.

Sections that by their nature should survive termination (including, without limitation, IP, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution) will survive any termination.

26. CONTACT INFORMATION

For questions, feedback, requests for support, or legal notices, please contact:

The Skin and Body Shop™

Edward and Grace Holdings, LLC dba The Skin and Body Shop™

Email: admin@theskinbodyshop.com

Website: www.theskinbodyshop.com

Address: 8925 SW 148 ST, Suite 218, Miami, FL 33176

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