Terms of Service

1. Parties; acceptance of these Terms

These Terms of Service (the “Terms”) form a binding agreement between TOX DEN, a Texas professional entity, together with its affiliated clinicians, owners, employees, and contractors (collectively, “TOX DEN,” “we,” “us,” or “our”), and the individual accessing the Services (“you” or “Patient”). By creating an account, booking an appointment, signing a consent, making a payment, messaging the clinic, or otherwise using the Services, you represent that you are at least 18 years old (or an authorized parent or legal guardian of a minor patient) and that you accept these Terms and our Privacy Policy and Notice of Privacy Practices, each incorporated by reference.

2. Definitions

• “Services” means the TOX DEN website, patient portal, scheduling, electronic intake and consent, secure messaging, telehealth visits, in-person clinical care, memberships, custom plans, and related products provided by TOX DEN.
• “Provider” means a licensed clinician (e.g., physician, advanced practice registered nurse, registered nurse, or other licensed professional) rendering care under TOX DEN's medical direction.
• “PHI” means protected health information as defined under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).
• “Content” means any text, photographs, intake responses, or other materials you submit through the Services.

3. Not medical advice; no provider-patient relationship until established

The website and informational materials are for general education only and do not constitute medical advice, diagnosis, or treatment. A provider-patient relationship is formed only after (a) you complete intake, (b) you are evaluated by a Provider in person or by synchronous telehealth, and (c) the Provider agrees to accept you for care. If you are experiencing a medical emergency, dial 911 or proceed to the nearest emergency department. The Services are not designed to deliver emergency care and must not be relied upon for time-sensitive medical needs.

4. Eligibility

You must be at least 18 years of age, of sound mind, and physically located in a jurisdiction where TOX DEN is licensed to provide care at the time of any clinical encounter. Care for minors requires the in-person consent of a parent or legal guardian. Certain services (including, without limitation, neuromodulators, dermal fillers, and GLP-1 receptor agonist therapy) carry medical exclusion criteria; we may decline or discontinue treatment in our clinical judgment.

5. Account, accuracy of information, and credentials

You agree to provide accurate, current, and complete information at registration, intake, and at each visit, and to update your record promptly when material facts change (allergies, medications, pregnancy status, medical history, contact information). You are responsible for maintaining the confidentiality of your portal credentials and for all activity occurring under your account. Notify us immediately of any unauthorized access.

6. Telehealth consent

Where offered, telehealth visits use real-time video, audio, and secure messaging to enable evaluation, diagnosis, treatment, and prescribing in compliance with applicable state law and Texas Medical Board rules. You acknowledge the inherent limitations of remote evaluation, including the inability to perform a hands-on physical examination, and that a Provider may, in clinical judgment, require an in-person visit before prescribing or continuing care. By initiating a telehealth visit you consent to participate and confirm that you are physically located in a jurisdiction in which the treating Provider is licensed.

7. Appointments, deposits, cancellations, and no-shows

We may require a non-refundable deposit, prepayment, or valid card on file to reserve an appointment. Cancellations must be made at least twenty-four (24) hours before the appointment start time; cancellations made within that window, late arrivals exceeding fifteen (15) minutes, and no-shows may incur a fee of up to the full visit price as disclosed at booking. Repeated no-shows may result in dismissal from the practice. Weather, operational, or clinical issues may require us to reschedule with reasonable notice.

8. Memberships and custom plans

Memberships and custom plans are offered as recurring paid subscriptions billed monthly (or on the cadence disclosed at checkout). By enrolling, you authorize TOX DEN and our payment processor to charge the payment method on file on a recurring basis until cancellation. Membership benefits (e.g., included services, discounts) are personal to the enrolled patient, are not transferable, do not roll over unless expressly stated, and have no cash value. You may cancel a membership at any time from the patient portal or by written notice; cancellation stops future charges, but charges already incurred are non-refundable except where required by law. We may modify pricing or benefits on at least thirty (30) days' notice.

9. Fees, payment, and billing disputes

All fees are stated in U.S. dollars and are due at the time of service unless otherwise agreed in writing. We do not bill commercial or government insurance for the aesthetic and self-pay wellness services described on the website. You are responsible for any taxes (other than taxes on TOX DEN's net income), returned-payment fees, and reasonable collection costs. Billing disputes must be raised in writing within sixty (60) days of the charge or are deemed waived.

10. Informed consent; treatment decisions

Each treatment requires a written or electronically signed informed consent describing the procedure, alternatives, material risks, expected results, and post-care instructions. By signing electronically, you agree the signature is legally binding under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Texas Uniform Electronic Transactions Act, and applies to the version of the consent presented at the time of signing. Aesthetic medicine outcomes vary; no specific result is guaranteed.

11. Photographs and clinical documentation

Clinical photographs may be captured to document baseline, treatment area, and outcomes. These photos are part of your medical record. We will not use identifiable photographs for marketing, social media, or external publication without a separate, specific written authorization, which you may revoke at any time on a prospective basis.

12. Secure messaging; communications

Secure messages routed through the patient portal are part of the medical record and are reviewed during business hours. Do not use messaging for urgent or emergent issues. You consent to receive transactional communications (appointment reminders, intake links, balance notices) by email and SMS to the contact information you provide; standard message and data rates may apply. You may opt out of non-clinical messages by replying STOP to any SMS or contacting the clinic, but transactional clinical communications may continue as part of treatment.

13. Acceptable use

You agree not to:

• access another person's account, PHI, or chart;
• upload malware, attempt to probe, scan, or test the vulnerability of the Services, or breach our security or authentication measures;
• scrape, frame, mirror, or use automated means to access the Services;
• impersonate any person or misrepresent your affiliation; or
• use the Services in violation of applicable law, including the Texas Penal Code, the federal Computer Fraud and Abuse Act, or HIPAA.

14. Intellectual property

The Services, including the TOX DEN brand, marks, logos, design, and software, are owned by TOX DEN or its licensors and are protected by United States and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial treatment-related purposes. You retain ownership of Content you submit; you grant us a worldwide, royalty-free, sublicensable license to use that Content as necessary to provide the Services and maintain your medical record.

15. Third-party services

We use third-party processors, including Stripe for payments, Lovable Cloud / Supabasefor backend infrastructure, and email and messaging providers for communications. We do not store full payment-card data on our servers. Your use of those providers' services is also governed by their terms and privacy policies.

16. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED INFORMED CONSENT OR REQUIRED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR (A) LIABILITY THAT MAY NOT BE LIMITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR PROFESSIONAL NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT, AND (B) BREACH OF OUR HIPAA OBLIGATIONS, IN NO EVENT WILL TOX DEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE NON-CLINICAL FUNCTIONS OF THE SERVICES (E.G., THE WEBSITE OR PORTAL) WILL NOT EXCEED THE GREATER OF FIVE HUNDRED U.S. DOLLARS (USD $500) OR THE AMOUNTS YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.

18. Governing law; binding arbitration; class-action waiver

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to the exceptions below, any dispute, claim, or controversy arising out of or relating to the non-clinical functions of the Services or these Terms (including their formation, interpretation, performance, or breach) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, seated in Dallas County, Texas. You and TOX DEN waive any right to a jury trial and to participate in a class action, collective action, or representative proceeding. The arbitrator may award any relief that a court could award. Carve-outs: (i) claims for medical malpractice or professional negligence arising out of clinical care are not subject to this arbitration clause and shall be governed by Texas law, including Chapter 74 of the Texas Civil Practice & Remedies Code, and (ii) either party may bring an individual action in small-claims court or seek injunctive relief in court to protect intellectual property or confidentiality.

19. Indemnification

You will indemnify, defend, and hold harmless TOX DEN and its personnel from any third-party claims arising out of (a) your breach of these Terms, (b) your misuse of the Services, or (c) your violation of applicable law, except to the extent caused by our gross negligence or intentional misconduct.

20. Termination

We may suspend or terminate access to the portal or non-clinical Services at any time for breach of these Terms, suspected fraud, abusive conduct, or as required by law. Termination of clinical care follows the practice's patient-discharge policy and applicable Texas Medical Board guidance, including reasonable continuity-of-care notice.

21. Changes to these Terms

We may revise these Terms from time to time. The “Effective date” above reflects the most recent revision. Material changes will be communicated by email or portal notice at least thirty (30) days before they take effect. Continued use of the Services after the effective date constitutes acceptance.

22. Miscellaneous

These Terms, together with the Privacy Policy, the Notice of Privacy Practices, and any signed consents, are the entire agreement between you and TOX DEN regarding the Services. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a corporate transaction. Notices to you may be sent by email or portal message; notices to us must be sent in writing to the clinic's registered address.

23. Contact

Questions about these Terms or to exercise any right described above: contact the clinic during business hours, message us through the patient portal, or email the practice administrator.