Terms & Conditions

TABLE OF CONTENTS

• Introduction and Acceptance of Terms
• Definitions
• Eligibility and Age Requirements
• Medical and Clinical Disclaimers
• Establishment of Patient-Provider Relationship
• Membership Programs and Founding Phases
• Appointment Policies
• Payment Terms and Financial Policies
• Refund and Cancellation Policies
• E-Commerce and Boutique Terms
• Product Liability and Safety
• Intellectual Property Rights
• User-Generated Content and Media Release
• Privacy, HIPAA, and Data Security
• Website Use and Prohibited Conduct
• Accessibility Commitment
• Third-Party Links and Services
• Disclaimers and Limitations of Liability
• Indemnification
• Dispute Resolution and Arbitration
• New Jersey-Specific Provisions
• Modifications to Terms
• Severability and Waiver
• Contact Information
• SMS/Text Messaging Program — Consent, Opt-In, and Opt-Out

SECTION 1: INTRODUCTION AND ACCEPTANCE OF TERMS

1.1 Agreement to Terms

Welcome to Aevua Medical Spa ("Aevua," "we," "us," or "our"). These Comprehensive Terms and Conditions ("Terms," "Agreement," or "Terms of Use") constitute a legally binding agreement between you ("you," "your," "User," "Member," "Patient," or "Client") and Aevua Medical Spa, a medical aesthetics practice operating in the State of New Jersey.

By accessing our website, scheduling appointments, purchasing products or services, enrolling in membership programs, or otherwise engaging with Aevua, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any automatic-renewal terms presented at the time of enrollment as required under New Jersey's Automatic Renewal Law (N.J.S.A. 56:12-1 et seq.).

These Terms do not replace or supersede any treatment-specific informed consent forms, which govern the clinical and medical aspects of your care.

1.2 Scope of Application

These Terms apply to:

• All visitors to and users of the Website
• All patients receiving clinical services at Aevua facilities
• All purchasers of products through our Boutique (online or in-person)
• All membership program participants
• All individuals participating in consultations, assessments, or treatments
• All users of our Treatment Quiz, Member Portal, and other digital tools

1.3 Legal Capacity and Authority

By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years of age or the age of majority in New Jersey
• You have the legal capacity to enter into binding contracts
• If accepting on behalf of an organization, you have the authority to bind that organization
• You are not prohibited from receiving services under applicable laws

1.4 Modification Rights

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Material changes will be communicated through:

• Prominent notice on the Website homepage
• Email notification to registered Members
• In-facility posting at our New Jersey location(s)
• Direct communication during scheduled appointments

Your continued use of our services following any modifications constitutes acceptance of the updated Terms. The "Last Updated" date at the top of this document indicates when the most recent changes were made.

1.5 Additional Terms and Policies

Certain services, features, or programs may be subject to additional terms, conditions, policies, or agreements ("Additional Terms"). In the event of any conflict between these Terms and Additional Terms, the Additional Terms shall control with respect to that specific service, feature, or program, unless expressly stated otherwise. Additional Terms may include but are not limited to:

• Membership-specific agreements
• Treatment-specific informed consent forms
• Boutique product purchase terms
• Special promotion or contest rules
• Medical Director supervisory agreements

SECTION 2: DEFINITIONS

For purposes of these Terms, the following definitions apply:

• "Aevua" or "we" refers to Aevua Medical Spa, including all founders, owners, officers, employees, independent contractors, medical directors, clinical advisors, and authorized representatives.
• "Boutique" refers to our retail platform for medical-grade skincare products, wellness supplements, and aesthetic accessories, available both online at www.aevua.com and in-person at our facility.
• "Boutique Standard Rate" means the regular, non-discounted pricing for clinical services as published on our Website or in-facility price lists, subject to change without prior notice.
• "Clinical Services" refers to all aesthetic medical treatments, procedures, and consultations provided at Aevua, including but not limited to: laser hair removal, neuromodulator injections (Botox, Dysport, Xeomin), dermal fillers, chemical peels, microneedling, IV nutrient therapy, platelet-rich plasma (PRP) treatments, and medical-grade facials.
• "Founding Member" refers to participants in our limited-enrollment Founding Phases (Diamond, Platinum, Gold) who receive lifetime percentage discounts on Boutique Standard Rates in exchange for specific commitments and early adoption of membership benefits.
• "Good Faith Exam" (GFE) refers to the initial clinical assessment required under New Jersey medical practice regulations (N.J.A.C. 13:35-6.6) to establish a bona fide patient-provider relationship before the administration of certain treatments.
• "Member Portal" refers to the secure, password-protected section of our Website where Members can manage appointments, view treatment history, access membership benefits, and communicate with our team.
• "Medical Director" refers to the licensed physician responsible for clinical oversight, protocol approval, and supervisory functions as required by N.J.S.A. 45:9-27.15 and N.J.A.C. 13:35-6.6.
• "Protected Health Information (PHI)" means individually identifiable health information as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
• "Service Credit" refers to the monthly allotment of treatment value included in certain membership tiers, redeemable toward eligible Clinical Services.
• "Telemedicine Services" refers to remote clinical interactions conducted in compliance with N.J.S.A. 45:1-62 and applicable Board of Medical Examiners regulations.
• "Treatment Quiz" refers to our proprietary online assessment tool designed to provide general aesthetic guidance and treatment recommendations based on user-provided information.

SECTION 3: ELIGIBILITY AND AGE REQUIREMENTS

3.1 Minimum Age Requirement

To purchase services or products from Aevua, you must be at least eighteen (18) years of age. In accordance with New Jersey law governing medical consent (N.J.S.A. 9:17A-1 et seq.), individuals under the age of 18 may not independently consent to elective aesthetic medical treatments. Parents or guardians must sign all HIPAA authorizations and consent forms for minors.

3.2 Parental Consent for Minors

Certain non-invasive treatments may be made available to minors aged 16-17 with written parental or legal guardian consent and the parent/guardian's physical presence during the initial consultation and all treatment sessions. The decision to treat minors remains at the sole discretion of our Medical Director and treating practitioners.

Services generally not available to minors include:

• Injectable neuromodulators (Botox, Dysport)
• Injectable dermal fillers
• Laser hair removal of sensitive areas
• Chemical peels of moderate to deep depth
• Any treatment requiring sedation or anesthesia

3.3 Medical Contraindications

Regardless of age, certain medical conditions, medications, or circumstances may render you ineligible for specific treatments. Our practitioners reserve the right to:

• Decline treatment if medical contraindications exist
• Require medical clearance from your primary care physician
• Postpone treatment until contraindications are resolved
• Modify treatment protocols based on your medical history

3.4 Pregnancy and Nursing

In accordance with standard medical practice and abundant caution, Aevua does not provide most aesthetic treatments to individuals who are pregnant, potentially pregnant, or currently nursing. Exceptions may be made for certain non-invasive, topical treatments at the discretion of our Medical Director.

You must immediately inform us if you become pregnant or begin nursing during the course of a treatment plan, as this may necessitate discontinuation or modification of your care plan.

SECTION 4: MEDICAL AND CLINICAL DISCLAIMERS

4.1 No Medical Advice via Website

IMPORTANT NOTICE: All content available on the Website, including but not limited to text, graphics, images, videos, blog posts, treatment descriptions, before-and-after photographs, and results from the Treatment Quiz, is provided solely for general informational and educational purposes. Such content does not constitute medical advice, diagnosis, or treatment recommendations.

The information presented on this Website is not intended to be, and should not be interpreted as, a substitute for professional medical advice, diagnosis, or treatment from a qualified healthcare provider. You should always consult with an appropriately licensed medical professional regarding any questions or concerns about your specific health condition, medical history, or suitability for any particular treatment.

Aevua does not provide emergency medical services. If you are experiencing a medical emergency, call 911 immediately. Nothing in these Terms shall be construed as a waiver of your rights under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.). Treatment outcomes vary significantly between individuals. Before-and-after photographs are illustrative only and do not guarantee similar results. Some treatments may involve off-label use of FDA-approved products. Off-label use will be disclosed in your informed consent.

4.2 No Patient-Provider Relationship via Website Use

Your use of this Website, including submission of contact forms, completion of the Treatment Quiz, review of treatment information, or any other interaction with our digital platforms, does not create or establish a patient-provider, doctor-patient, or clinical relationship between you and Aevua, our Medical Director, or any of our clinical staff.

A formal patient-provider relationship is established only when:

1. You attend an in-person consultation at our New Jersey facility
2. Our Medical Director or authorized practitioner performs a Good Faith Exam
3. You execute all required informed consent documentation
4. Treatment is scheduled or initiated under the direct supervision of licensed clinical personnel

Until such time as a formal relationship is established through the above process, no duty of care exists, and you should not rely upon any Website content as personalized medical guidance.

4.3 Treatment Outcomes and Individual Variability

Aesthetic medicine is both an art and a science. Treatment outcomes are inherently variable and dependent upon numerous individual factors, including but not limited to:

• Baseline skin condition, type, and quality
• Age, genetics, and hormonal status
• Overall health and medical history
• Lifestyle factors (sun exposure, smoking, diet, stress)
• Adherence to pre-treatment preparation instructions
• Compliance with post-treatment care protocols
• Number of treatments received in a series
• Natural healing capacity and biological response

No Guarantee of Results: Aevua makes no guarantees, promises, or warranties regarding the specific results you will achieve from any treatment, product, or service. Before-and-after photographs, testimonials, and case studies presented on our Website or in our facility represent actual patient results but should not be interpreted as typical, average, or guaranteed outcomes.

Individual results will vary significantly. Some patients may achieve dramatic improvements, while others may experience modest or minimal changes. In rare cases, patients may experience no visible improvement or, despite all precautions, adverse reactions.

4.4 Potential Risks and Complications

All medical and aesthetic procedures carry inherent risks, regardless of the skill of the practitioner or the quality of the facility. Common risks associated with aesthetic treatments may include, but are not limited to:

• Temporary redness, swelling, bruising, or discomfort
• Skin sensitivity, irritation, or allergic reactions
• Hyperpigmentation or hypopigmentation
• Infection (bacterial, viral, or fungal)
• Scarring or textural changes
• Asymmetry or uneven results
• Unsatisfactory aesthetic outcome requiring revision
• Rare but serious complications specific to certain procedures

You will receive detailed, treatment-specific informed consent documentation that outlines the particular risks, benefits, alternatives, and expected outcomes associated with your chosen procedure(s). You are strongly encouraged to review this documentation carefully, ask questions, and ensure you fully understand all aspects before consenting to treatment.

4.5 Off-Label Use Disclosure

Certain treatments, medications, or devices may be used for purposes other than those specifically approved by the U.S. Food and Drug Administration (FDA). Such "off-label" use is legal, common, and appropriate when based on sound medical judgment and scientific evidence. However, you acknowledge that:

• Off-label use may have less extensive clinical data available
• Insurance coverage is generally not available for elective, off-label treatments
• You have been informed when a treatment involves off-label use

Your informed consent documentation will specify off-label applications

4.6 Duty to Disclose

You have an affirmative duty to provide complete, accurate, and truthful information regarding:

• Your complete medical history and current health status
• All medications (prescription, over-the-counter, and supplements)
• Previous aesthetic treatments, surgeries, or procedures
• Known allergies or sensitivities
• Changes in health status between treatments

Failure to disclose relevant medical information may result in:

• Adverse reactions or complications
• Suboptimal treatment results

Inability to hold Aevua liable for outcomes related to non-disclosure

Termination of your patient relationship

SECTION 5: ESTABLISHMENT OF PATIENT-PROVIDER RELATIONSHIP

5.1 Good Faith Examination Requirement

In compliance with New Jersey Board of Medical Examiners regulations (N.J.A.C. 13:35-6.6), a bona fide patient-provider relationship must be established before the provision of certain medical treatments, particularly those involving prescription medications, controlled substances, or invasive procedures. A patient-provider relationship is established only after:

An in-person consultation at our New Jersey facility

A Good Faith Examination (GFE) performed by a licensed provider

Execution of all required informed consent documentation

Scheduling or initiation of treatment under clinical supervision

Telemedicine may not be used to satisfy the GFE requirement for injectable treatments, device-based procedures, or any service requiring an in-person assessment under N.J.A.C. 13:35-6.6. All clinical decisions are made solely by licensed medical professionals, not by Aevua as a business entity.

A "Good Faith Exam" (GFE) includes:

Medical History Review: Comprehensive documentation of your health history, current medications, previous treatments, allergies, and relevant medical conditions

Physical Assessment: In-person evaluation of the treatment area(s), including visual inspection, palpation, and any necessary diagnostic assessments

Risk Assessment: Evaluation of contraindications, potential complications, and suitability for proposed treatments

Treatment Planning: Development of a personalized treatment plan addressing your specific concerns and aesthetic goals

Informed Consent Process: Detailed discussion of treatment options, risks, benefits, alternatives, and expected outcomes

5.2 Initial Consultation Process

All new patients and existing patients seeking a new category of treatment must undergo an initial consultation that includes:

Step 1: Intake Documentation

Completion of comprehensive medical history forms

Review and signing of HIPAA Notice of Privacy Practices

Acknowledgment of these Terms and Conditions

Photography consent (if applicable)

Step 2: Clinical Assessment

Consultation with our Medical Director or authorized advanced practice provider (Nurse Practitioner or Physician Assistant under physician supervision)

Discussion of aesthetic concerns and treatment objectives

Examination of relevant anatomy and skin characteristics

Review of medical contraindications or risk factors

Step 3: Treatment Planning

Customized treatment recommendations

Discussion of alternatives and combination approaches

Realistic expectation-setting regarding outcomes

Timeline and maintenance requirements

Step 4: Informed Consent

Detailed review of treatment-specific consent forms

Opportunity to ask questions and voice concerns

Voluntary, written consent prior to any treatment

5.3 Telemedicine Consultations

Aevua may offer telemedicine consultations for certain limited purposes, including:

Follow-up assessments after in-person treatment

Skincare regimen consultations

Pre-treatment preparation guidance

Post-treatment check-ins

However, telemedicine consultations cannot fully substitute for in-person examination for:

Initial Good Faith Exams for new patients

Assessment before injectable treatments

Evaluation of potential complications

First-time laser or device-based treatments

Telemedicine consultations are conducted in compliance with New Jersey telemedicine regulations (N.J.S.A. 45:1-62) and require:

Secure, HIPAA-compliant video communication platforms

Patient consent to telemedicine format

Clear documentation in the medical record

Availability of in-person follow-up if needed

5.4 Medical Director Oversight

All clinical treatments are performed under the oversight and supervision of our Medical Director, a physician licensed in the State of New Jersey. In accordance with N.J.S.A. 45:9-27.15, the Medical Director:

Maintains ultimate authority over all clinical decisions

Reviews and approves all treatment protocols

Provides direct supervision or appropriate delegation to qualified personnel

Remains accessible by electronic means during all clinical hours

Conducts regular chart audits and quality assurance reviews

Certain procedures may only be performed by the Medical Director directly. Other procedures may be delegated to qualified Nurse Practitioners, Physician Assistants, or Registered Nurses working under appropriate standing orders and supervision protocols as permitted by New Jersey scope of practice regulations.

SECTION 6: MEMBERSHIP PROGRAMS AND FOUNDING PHASES

6.1 Overview of Membership Structure

Aevua offers tiered membership programs designed to provide consistent aesthetic maintenance, exclusive benefits, and significant cost savings for committed clients. Membership tiers include:

Founding Phases (Limited Enrollment):

Diamond Tier: Founding 150 (50% lifetime discount on Boutique Standard Rates)

Platinum Tier: Founding 300 (40% lifetime discount on Boutique Standard Rates)

Gold Tier: Founding 500 (30% lifetime discount on Boutique Standard Rates)

Standard Membership Tiers:

Annual Diamond: 20% discount, 12-month commitment

Monthly Platinum: 15% discount, month-to-month

Monthly Gold: 10% discount, month-to-month

Monthly Silver: 5% discount, month-to-month

Custom Membership: Tailored packages based on individual needs

6.2 Founding Member Phase Structure

6.2.1 Limited Enrollment and Phase Caps

Founding Member status is strictly limited and available on a first-come, first-served basis at each Aevua location:

Founding 150 (Diamond): Maximum 150 enrollees per location

Founding 300 (Platinum): Maximum 150 enrollees per location

Founding 500 (Gold): Maximum 200 enrollees per location

Once a Founding Phase reaches capacity at a specific location, it is permanently closed. No exceptions will be made, and no additional enrollments will be permitted at that discount level, even if current members cancel or forfeit their status.

6.2.2 Lifetime Discount Guarantee

Founding Members receive a perpetual percentage discount applied to all Clinical Services at Boutique Standard Rates for the life of their active membership. This means:

Your discount percentage will never decrease

The discount applies automatically to all eligible services

Boutique Standard Rates may increase over time, but your discount percentage remains constant

The discount is personal to you and non-transferable

6.2.3 Discount Application Rules

Eligible for Founding Discount:

All Clinical Services at posted Boutique Standard Rates

Most retail Boutique products (exclusions may apply)

Treatment packages when purchased at regular pricing

Not Eligible for Founding Discount Stacking:

"Flash Sales" or limited-time promotional pricing

Third-party vendor promotions (e.g., manufacturer rebates)

Gift certificates or value cards purchased at a discount

Services already discounted through insurance, employer wellness programs, or other external sources

When both a Founding Member discount and a promotional price are available, you may choose whichever provides the greater savings, but discounts cannot be combined or "stacked" unless explicitly stated in the promotion terms.

6.2.4 Founding Member Commitment Terms

Diamond Founding Members (Annual Diamond):

Initial Commitment: 12-month minimum commitment from enrollment date

Auto-Renewal: Automatically renews annually unless canceled with 30-day written notice at no cost.

Early Termination Fee (ETF): $300 if canceled before the initial 12-month commitment period ends

Monthly Dues: $0 Fixed monthly membership fee (unless specified in your enrollment agreement)

Platinum and Gold Founding Members:

Initial Commitment: 3-month minimum commitment from enrollment date

Cancellation Notice: 30-day written notice required

Termination Fee: $100 if canceled during the initial 3-month period

6.3 Membership Enrollment and Auto-Renewal

6.3.1 Enrollment Process

To enroll in an Aevua membership:

Complete the online enrollment form via the Member Portal or in-person enrollment

Select your desired membership tier

Provide payment method information (credit/debit card or ACH bank account)

Review and accept the Membership Agreement and these Terms

Authorize automatic recurring charges

Receive confirmation and welcome materials

6.3.2 Automatic Recurring Billing

By enrolling in any Aevua membership, you explicitly authorize us to automatically charge your designated payment method on a recurring basis according to your membership tier:

Monthly Memberships: Charged on the same calendar day each month (or the nearest business day if that day does not exist in a given month)

Annual Memberships: Charged annually on the anniversary of your enrollment date

You are responsible for:

Maintaining a valid, current payment method on file

Ensuring sufficient funds are available for each billing cycle

Updating payment information if your card expires or account changes

Notifying us immediately if unauthorized charges occur

AUTO-RENEWAL NOTICE:

Certain membership plans renew automatically and your designated payment method will be charged on a recurring basis until you cancel. You may cancel at any time by submitting a written request through the Member Portal, by email, or by mail. By enrolling, you affirmatively consent to automatic renewal and recurring charges. By enrolling in a membership, you authorize Aevua to charge your designated payment method on a recurring basis in compliance with New Jersey's Automatic Renewal Law.

6.3.3 Failed Payment and Account Suspension

If payment fails for any reason (insufficient funds, expired card, etc.):

Day 1: Automated email notification sent requesting payment method update

Day 7: Second notice sent; membership benefits temporarily suspended

Day 14: Account placed on hold; inability to book appointments or access Member Portal

Day 30: Membership subject to administrative cancellation; Founding Member status may be forfeited

We reserve the right to charge a failed payment processing fee of $25 for each unsuccessful payment attempt.

To reinstate a suspended membership, you must:

Update your payment method

Pay all outstanding balances, including late fees

Pay a $50 reactivation fee (waived for first-time payment failures)

6.4 Service Credits and Rollover Policies

6.4.1 Monthly Service Credit Allocation

Certain membership tiers include monthly Service Credits, which represent a pre-allocated dollar value that can be applied toward eligible Clinical Services:

Credits are deposited to your account on your monthly billing date

Credits can be used for any eligible Clinical Service

Credits cannot be redeemed for cash

Unused credits roll over to subsequent months as long as membership remains active

6.4.2 Rollover Limitations

Service Credits accumulated while your membership is active will roll over month-to-month with no expiration

Upon membership cancellation or non-renewal, all unused Service Credits are forfeited and cannot be redeemed, refunded, or transferred

If your account is suspended due to non-payment, credits will not accrue during the suspension period

6.4.3 "Buddy Pass" Gifting Program

Active members in good standing may gift unused Service Credits to a friend or family member ("Buddy Pass") under the following conditions:

The recipient must complete all required intake forms and consultations

The recipient must be medically eligible for the intended treatment

Buddy Passes are subject to scheduling availability

One Buddy Pass per membership per month

The gifting member's account must be current (no past-due balances)

The Buddy Pass recipient receives the service at the member's discount rate

Gift cards and prepaid services comply with New Jersey gift card laws, including prohibitions on expiration dates of less than 24 months (N.J.S.A. 56:8-110 et seq.). All other membership terms from your original document remain in effect.

6.5 Membership Cancellation and Termination

6.5.1 Voluntary Cancellation by Member

To cancel your membership, you must provide written notice via one of the following methods:

Submit a cancellation request through the Member Portal

Email cancellation request to [email protected]

Mail written cancellation to: Aevua Medical Spa, Attn: Membership Services, 449 W Mt Pleasant Ave, Suite 1, Livingston, NJ 07039

Notice Requirements:

Founding Members and Annual Plans: 30-day advance written notice required

Monthly Standard Members: 30-day advance written notice required

Cancellation becomes effective at the end of the notice period

Monthly charges will continue through the end of the notice period

6.5.2 Early Termination Fees

For Founding Members or Annual Diamond Members who cancel before completing their commitment period:

Early Termination Fee: $300

Founding Member "lifetime discount" spot is permanently forfeited

The vacated Founding spot will be offered to the next person on the waitlist

All services received to date will be re-calculated at current Boutique Standard Rates

The difference between what you paid (with Founding discount) and what you would have paid (at Standard Rates) will be charged to your account

Any resulting balance must be paid in full before final account closure

For Monthly Platinum, Gold, or Silver Members who cancel during a minimum commitment period (if applicable):

Termination Fee: $100

Fee is waived if canceling after the minimum commitment period has ended

6.5.3 Involuntary Termination by Aevua

Aevua reserves the right to terminate your membership immediately and without prior notice under the following circumstances:

Violation of these Terms or any Additional Terms

Abusive, threatening, or inappropriate behavior toward staff or other patients

Repeated no-shows or late cancellations (three or more in a 12-month period for Founding Members)

Failure to pay outstanding balances after repeated attempts to collect

Providing false information on medical history or intake forms

Misuse of Member Portal or website features

Violation of our photography/recording policies

Illegal activity on premises

In the event of involuntary termination:

No refund of membership dues will be provided

All unused Service Credits are forfeited

Founding Member status is permanently revoked with no opportunity for reinstatement

You may be prohibited from future enrollment in membership programs

Outstanding balances remain due and payable

6.6 Pricing Stability and Rate Increases

6.6.1 Founding Member Rate Lock

Founding Members benefit from a rate-lock guarantee on their membership dues:

Your monthly or annual membership fee will not increase for the first 36 months from enrollment

After the initial 36-month period, membership dues may increase annually, but will not exceed the lesser of: (a) 5% per year, or (b) the Consumer Price Index (CPI) increase for the prior year

6.6.2 Standard Member Pricing

Standard (non-Founding) membership tier pricing is subject to change at any time with 30-day advance notice. Notice of membership fee increases will be provided via:

Email to your address on file

Member Portal notification

Posted notice on the Website

You may cancel your membership without penalty within 30 days of receiving notice of a price increase.

SECTION 7: APPOINTMENT POLICIES

7.1 Appointment Booking and Confirmation

7.1.1 Scheduling Methods

Appointments may be scheduled through the following channels:

Member Portal (available 24/7 for registered members)

Phone: (201) 540-9549 (during business hours)

In-Person: At the conclusion of your visit, schedule your next appointment with front desk staff

Email: [email protected] (subject to availability confirmation)

7.1.2 Credit Card Requirement

All appointments require a valid credit or debit card on file to reserve your time slot. By providing payment information, you authorize Aevua to charge applicable fees for:

No-show fees

Late cancellation fees

Service deposits (if applicable)

Outstanding balances from services rendered

7.1.3 Appointment Confirmation

You will receive appointment confirmation via:

Email confirmation sent immediately upon booking

SMS text reminder 48 hours before your appointment (if you've opted in)

SMS text reminder 24 hours before your appointment (if you've opted in)

You are responsible for confirming your appointments through the automated confirmation system. Failure to confirm may result in automatic appointment cancellation, and your time slot may be released to other patients.

7.2 Cancellation and Rescheduling Policy: The "24-Hour Rule"

Aevua values your time and the time of our clinical practitioners. To ensure optimal scheduling efficiency and respect for all patients, we enforce a strict 24-Hour Cancellation and Rescheduling Policy.

7.2.1 Advance Notice Requirement

You must provide a minimum of 24 hours' advance notice to cancel or reschedule any appointment. The 24-hour period is calculated from your originally scheduled appointment time, not from the time you provide notice.

Example: If your appointment is scheduled for Tuesday at 2:00 PM, you must cancel or reschedule by Monday at 2:00 PM to avoid late cancellation fees.

7.2.2 How to Cancel or Reschedule

Preferred Method: Member Portal (available 24/7, instant confirmation)

Phone: (201) 540-9549 (during business hours; voicemail accepted after hours but timestamp determines whether notice is timely)

Email: [email protected] (timestamp of received email determines compliance with 24-hour rule)

Note: Text messages (SMS) are not accepted as official cancellation notice.

7.2.3 Late Cancellation Fees

For Standard Members and Non-Members:

Cancellations made with less than 24 hours' notice will incur a $50 Late Cancellation Fee

Alternatively, if a service deposit was paid, the deposit will be forfeited

For Founding Members (Diamond and Platinum):

Founding Members receive one (1) "Grace Cancellation" per calendar year

The first late cancellation in a calendar year is waived as a courtesy

Subsequent late cancellations will result in: (a) forfeiture of Service Credits equal to the value of the scheduled appointment, OR (b) a $50 fee to preserve your Service Credits

Grace Cancellations reset annually on January 1st and do not carry over year-to-year

7.3 No-Show Policy

7.3.1 Definition of No-Show

A "No-Show" occurs when you:

Fail to arrive for a scheduled appointment without any prior notice

Cancel your appointment less than 2 hours before the scheduled time

Arrive more than 15 minutes late, and the practitioner determines treatment cannot be safely or adequately completed in the remaining time

7.3.2 No-Show Fees

For All Patients:

No-shows will be charged the greater of: (a) 50% of the scheduled service's full retail value, or (b) $100

Fees are automatically charged to the payment method on file

No-show fees are non-refundable

7.3.3 Repeated No-Show Consequences

Three (3) No-Shows within any 12-month period will result in:

For Founding Members: Permanent revocation of Founding Member status, including loss of lifetime discount percentage and priority booking privileges

For All Members: Requirement to pre-pay in full for all future appointments

Potential Account Termination: At Aevua's discretion, repeated no-shows may result in termination of your patient relationship and prohibition from future appointments

7.4 Late Arrival Policy

7.4.1 Grace Period

We understand that unexpected delays occur. A grace period of up to 10 minutes is provided as a courtesy, subject to practitioner availability and schedule constraints.

7.4.2 Arrivals 11-15 Minutes Late

Treatment will be provided for the remaining available time

You will be charged the full service price

Shortened treatments may result in suboptimal outcomes

Practitioner may recommend rescheduling if adequate treatment cannot be provided in the time remaining

7.4.3 Arrivals More Than 15 Minutes Late

Appointment will be treated as a Late Cancellation or No-Show (depending on severity of lateness)

Practitioner has sole discretion to proceed with a shortened treatment or reschedule

Applicable late cancellation or no-show fees will apply

Service Credits (if applicable) may be forfeited

7.4.4 Impact on Subsequent Appointments

To maintain our schedule and respect other patients' time:

Late arrivals will not cause delays to subsequent appointments

If your lateness impacts our ability to deliver the full, safe treatment, rescheduling is mandatory

Repeated late arrivals may result in pre-payment requirements or scheduling restrictions

7.5 Appointment Preparation Requirements

To ensure safe, effective treatment and optimal outcomes, you must adhere to all pre-treatment instructions provided by your practitioner. Failure to properly prepare may result in appointment cancellation, rescheduling, or suboptimal results.

7.5.1 General Preparation Requirements

For All Appointments:

Arrive with clean skin (free of makeup, lotions, perfumes, or other topical products unless otherwise instructed)

Avoid sun exposure and tanning for at least 2 weeks prior to laser treatments

Discontinue certain medications or supplements as directed (e.g., blood thinners, retinoids)

Hydrate adequately, especially before injectable or IV treatments

Eat a light meal before appointments to prevent lightheadedness

For Laser Hair Removal:

Shave treatment area(s) 12-24 hours before appointment

Do NOT wax, pluck, or use depilatory creams for 4-6 weeks before treatment

Avoid retinoids or exfoliating acids for 3-5 days before treatment

For Injectable Treatments (Botox, Fillers):

Discontinue blood-thinning medications and supplements (e.g., aspirin, ibuprofen, fish oil, vitamin E) 7-10 days prior if medically safe to do so

Avoid alcohol for 24-48 hours before treatment to minimize bruising

Arrive with clean, makeup-free skin

For Chemical Peels and Microneedling:

Discontinue retinoids, AHAs, BHAs for 5-7 days before treatment

Avoid waxing or other irritating procedures for 1 week before treatment

Pre-treatment skin priming may be required (specific products will be recommended)

7.5.2 Failure to Prepare Properly

If you arrive unprepared for your appointment (e.g., unshaven for laser hair removal, wearing makeup for a chemical peel):

Option 1: Treatment will be postponed, and late cancellation fees will apply

Option 2: We may accommodate you if time permits (e.g., providing makeup removal or shaving services), but this may shorten your treatment time or incur additional preparation fees

Repeated Failure: Repeated failure to follow preparation instructions may result in scheduling restrictions

7.6 Children and Guests Policy

7.6.1 No Children Under 12

For the safety and comfort of all patients and to maintain a tranquil, professional environment:

Children under the age of 12 are not permitted in the facility, including in waiting areas, treatment rooms, or consultation spaces

This policy applies at all times, with no exceptions

We understand this may create challenges for parents and apologize for any inconvenience

Exceptions: Minors aged 12-17 who are patients themselves and are accompanied by a parent or legal guardian for their own treatment.

7.6.2 Guest Policy in Treatment Rooms

To comply with HIPAA regulations (45 C.F.R. § 164.530) and maintain patient privacy and safety:

No guests, friends, family members, or companions are permitted in treatment rooms during another patient's treatment

Exceptions may be made for: (a) a support person for a patient with a disability, (b) a legal guardian for a minor patient, or (c) a translator for a patient with limited English proficiency

Any exception must be approved in advance by the treating practitioner

7.6.3 Service Animals

Service animals are welcome in accordance with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. However:

Emotional support animals (ESAs) or pets are not permitted

Service animals must remain under the handler's control at all times

Service animals may be excluded from sterile or treatment areas if their presence would fundamentally alter the nature of services or pose a direct threat to health and safety

SECTION 8: PAYMENT TERMS AND FINANCIAL POLICIES

8.1 Accepted Payment Methods

Aevua accepts the following forms of payment:

Credit and Debit Cards:

Visa

MasterCard

American Express

Discover

Alternative Payment Methods:

CareCredit (medical financing)

ACH Bank Transfer (for membership recurring billing)

Cash (in-person only)

FSA/HSA cards (for qualifying services; patient responsible for determining eligibility)

Not Accepted:

Personal checks

Third-party checks

Money orders

Cryptocurrency

8.2 Credit Card Processing Fees

To offset the costs associated with credit card processing:

A 4% processing fee will be added to all credit card transactions

A 5% processing fee will be added to all CareCredit financing transactions

No processing fees apply to cash payments, debit card payments, or ACH bank transfers

These fees are clearly disclosed at checkout and on your itemized receipt.

8.3 Payment Timing and Pre-Payment Requirements

8.3.1 General Payment Policy

Payment is due at the time services are rendered. For Boutique product purchases, payment is required at the time of purchase (online or in-person).

For patients with a history of missed appointments, late cancellations, or payment issues, Aevua reserves the right to require:

Full pre-payment for scheduled services

Credit card authorization hold prior to appointment

Prepaid package purchase before scheduling

8.3.2 Membership Billing

Membership dues are charged automatically on a recurring basis according to your membership agreement:

Monthly memberships: Charged monthly on your enrollment anniversary date

Annual memberships: Charged annually on your enrollment anniversary date

Service Credits included in your membership are deposited to your account on each billing cycle and can be used toward eligible services. Any service costs exceeding your available Service Credits will be charged to your payment method on file at the time of service.

8.4 Pricing and Price Changes

8.4.1 Pricing Accuracy

While we make every effort to ensure pricing accuracy on our Website and in printed materials:

Prices are subject to change without notice

In the event of a pricing error, we reserve the right to cancel orders or refuse service

If an error results in overcharging, we will refund the difference

If an error results in undercharging, we reserve the right to request additional payment or cancel the transaction

8.4.2 Member vs. Non-Member Pricing

Pricing differs based on membership status:

Non-Members: Pay full Boutique Standard Rates

Members: Receive tier-specific percentage discounts applied to Boutique Standard Rates

Founding Members: Receive lifetime percentage discounts (50%, 40%, or 30%) applied to Boutique Standard Rates

To receive member pricing, you must be logged into your Member Portal account at checkout (online) or your account must be pulled up by front desk staff (in-person).

8.4.3 Package Pricing

Multi-session treatment packages (e.g., 6-session laser hair removal package) are offered at a discounted rate compared to single-session pricing. Package purchase terms include:

Packages are non-refundable but may be transferred to other services of equal or greater value

Packages do not expire but must be used while your membership (if applicable) remains active

Packages may not be shared or transferred to other individuals

Package sessions must be completed according to recommended treatment intervals for optimal results

8.5 Sales Tax

In accordance with New Jersey sales tax law (N.J.S.A. 54:32B-1 et seq.):

Medical services provided by or under the supervision of a licensed physician and intended to treat a medical condition are generally exempt from New Jersey Sales Tax

Elective cosmetic services that are not medically necessary are subject to New Jersey Sales Tax at the current rate (currently 6.625%)

Retail Boutique products are subject to New Jersey Sales Tax

Aevua will automatically calculate and collect applicable sales tax on taxable transactions. You are responsible for any additional taxes that may apply based on your jurisdiction.

If you believe you have been charged sales tax in error, please contact our billing department within 30 days of the transaction.

8.6 Outstanding Balances and Collections

8.6.1 Payment Due Date

All invoices and statements are due upon receipt unless alternative arrangements have been made in writing.

8.6.2 Late Payment Consequences

Accounts with outstanding balances for more than 30 days may be subject to:

Suspension of Member Portal access

Inability to schedule future appointments

Suspension of membership benefits (if applicable)

Late payment interest charges of 1.5% per month (18% annual percentage rate) or the maximum rate permitted by New Jersey law, whichever is less (N.J.S.A. 2A:18-16.1)

8.6.3 Collection Agency Referral

Accounts with balances outstanding for more than 90 days may be referred to a third-party collection agency. In such cases:

You will be responsible for all collection costs, including agency fees and reasonable attorney's fees

Your account will be permanently terminated

Delinquent accounts may be reported to credit bureaus, which may negatively impact your credit score

You will be prohibited from scheduling future appointments or enrolling in membership programs

8.6.4 Disputed Charges

If you dispute a charge, you must notify us in writing within 30 days of the transaction date. Provide:

Detailed description of the disputed charge

Reason for the dispute

Supporting documentation (if applicable)

We will investigate and respond within 30 business days. During the investigation, collection activities on the disputed amount will be paused.

8.7 Chargebacks

A "chargeback" occurs when you dispute a charge with your credit card issuer, resulting in reversal of payment. Chargebacks have serious consequences and should only be initiated for legitimate fraud or unauthorized charges.

8.7.1 Improper Chargebacks

If you initiate a chargeback for services that were properly rendered or products that were properly delivered:

We reserve the right to immediately terminate all pending services and memberships

Your account will be permanently closed

We may pursue all available legal remedies to recover the chargeback amount, plus chargeback fees, administrative costs, and legal fees

Improper chargebacks may constitute fraud and can be prosecuted

8.7.2 Proper Dispute Process

Before initiating a chargeback, please contact us directly to resolve billing concerns. Many issues can be quickly resolved through direct communication.

If you believe a charge is fraudulent or unauthorized, contact us immediately at [email protected] or (201) 540-9549.

SECTION 9: REFUND AND CANCELLATION POLICIES

9.1 Clinical Services Refund Policy

9.1.1 No Refunds for Services Rendered

All sales of clinical services are final. Once a service has been performed, no refunds will be issued, regardless of satisfaction with results.

Aesthetic medicine is inherently subjective, and individual results vary significantly based on biological factors outside our control. By consenting to treatment, you acknowledge that:

Results cannot be guaranteed

You have reviewed before-and-after photos that represent a range of possible outcomes

You have had the opportunity to ask questions and discuss realistic expectations

You understand that additional sessions or revision treatments may be necessary

9.1.2 Dissatisfaction and Corrective Treatments

If you are dissatisfied with treatment results, we offer a "Correction Assessment" within 14 days of treatment:

Schedule a no-charge follow-up consultation with your treating practitioner

The practitioner will assess whether corrective treatment is appropriate (e.g., additional neurotoxin to address asymmetry)

Corrective treatments may be provided at no charge or reduced cost, at the practitioner's discretion

Corrective treatments do not constitute an admission of error or liability

Monetary refunds will not be issued, even if corrective treatment is provided

Timeframe for Correction Requests:

Neurotoxin (Botox/Dysport): Within 14 days of treatment

Dermal Fillers: Within 21 days of treatment

Laser treatments: Within 30 days of treatment

Chemical peels: Within 14 days of treatment

Requests made outside these windows may not be eligible for corrective treatment.

9.1.3 Free or Promotional Services

For services received as part of promotional offers, membership perks, or complimentary add-ons:

All paid services must be completed before complimentary services

Complimentary services have no monetary refund value

Membership Service Credits must be used before "free" promotional services

9.2 Membership Dues Refund Policy

9.2.1 No Refunds on Membership Dues

Membership dues (monthly or annual fees) are non-refundable under all circumstances, including but not limited to:

Voluntary cancellation

Relocation to an area not served by Aevua

Dissatisfaction with services

Change in financial circumstances

Medical conditions preventing treatment

Involuntary termination due to policy violations

9.2.2 Pro-Rated Refunds Not Provided

If you cancel your membership mid-cycle:

You will not receive a pro-rated refund for the unused portion of the month or year

Your membership benefits will remain active through the end of your paid period

No partial refunds will be issued

9.3 Pre-Paid Packages and Service Credit Refund Policy

9.3.1 No Cash Refunds for Packages

Pre-paid treatment packages (e.g., 6-pack of laser hair removal sessions) are non-refundable for cash. However, unused package sessions may be:

Transferred to other services of equal or greater value within Aevua's service menu

Retained indefinitely (packages do not expire) for future use

Gifted to an immediate family member (spouse, parent, sibling, child) with advance approval and completion of all necessary intake forms by the recipient

9.3.2 Service Credit Forfeiture Upon Cancellation

Membership Service Credits are forfeited upon membership cancellation or non-renewal:

No refund or cash value will be provided for unused credits

Credits cannot be transferred to another individual

Credits cannot be "cashed out" or exchanged for Boutique products

Exception: If Aevua discontinues operations or closes the location where you are a member, unused Service Credits will be refunded at a rate of $0.50 per $1.00 of credit value.

9.4 Boutique Product Return and Refund Policy

9.4.1 Unopened Product Returns

Medical-grade skincare and wellness products may be returned under the following conditions:

Products must be unopened and unused

Original packaging must be intact (no damage, tampering, or removal of seals)

Products must be returned within 14 days of purchase

Original receipt or proof of purchase must be provided

Refund Method:

Full refund to original payment method, or

Boutique Credit (your choice)

9.4.2 Opened or Used Products

For health, safety, and regulatory reasons, opened or used skincare products cannot be returned or refunded, even if unused portions remain.

Exception for Allergic Reactions: If you experience a documented allergic reaction to a Boutique product:

Contact us within 48 hours of the reaction

Provide photographic documentation of the reaction (if possible)

Schedule a consultation with our clinical team for assessment

We may, at our discretion, offer an exchange for an alternative product or Boutique Credit

This exception applies only to genuine allergic reactions (hives, swelling, severe irritation) and does not apply to:

Normal adjustment periods or "purging"

Mild redness or tingling (expected with active ingredients)

Dissatisfaction with scent, texture, or cosmetic elegance

9.4.3 Damaged or Defective Products

If you receive a product that is:

Damaged during shipping

Defective or expired

Incorrect item (not what you ordered)

Contact us within 7 days of delivery. Provide:

Order number

Photographs of the damaged/defective product

Description of the issue

We will provide, at our discretion:

Full refund to original payment method

Replacement product shipped at no charge

Boutique Credit for the purchase amount

9.4.4 Non-Returnable Items

The following items are final sale and cannot be returned or exchanged:

Gift cards or gift certificates

Promotional or sample-size products received free of charge

Clearance or discontinued items (marked "Final Sale")

Digital products or online courses (once accessed)

9.5 Chargeback and Refund Request Procedures

9.5.1 Refund Request Process

To request a refund for an eligible item:

Contact us within the applicable return window

Provide order/transaction details

Explain reason for return

Obtain Return Merchandise Authorization (RMA) number (if applicable for product returns)

Return product (if applicable) to: Aevua Medical Spa, 449 W Mt Pleasant Ave, Suite 1, Livingston, NJ 07039

Refunds are typically processed within 10-14 business days of receipt of returned merchandise or approval of refund request.

9.5.2 Do Not Initiate Chargebacks

Before initiating a credit card chargeback, please contact us directly to resolve any billing disputes. We are committed to working with you to address legitimate concerns.

Chargebacks have serious consequences (see Section 8.7) and should only be used for fraudulent or unauthorized charges, not for disputes over services rendered or dissatisfaction with results.

SECTION 10: [MARKED AS "TBD" IN ORIGINAL]

SECTION 11: PRODUCT LIABILITY AND SAFETY

11.1 Medical-Grade Product Warnings

Many products available in our Boutique contain high-potency, medical-grade active ingredients, including:

Retinoids and retinol

Alpha-hydroxy acids (AHAs) and beta-hydroxy acids (BHAs)

Vitamin C (L-ascorbic acid)

Hydroquinone and other skin-lightening agents

Peptides and growth factors

These products are significantly more potent than over-the-counter cosmetics and require careful use.

11.2 Skin Sensitivity and Adjustment Periods

11.2.1 The "Purge" Phenomenon

When beginning use of active skincare ingredients (particularly retinoids and acids), you may experience a temporary adjustment period known as "purging," characterized by:

Increased breakouts or acne

Redness, dryness, or flaking

Temporary worsening of skin texture

This is a normal biological response as your skin adjusts and cellular turnover accelerates. Purging typically resolves within 4-6 weeks.

11.2.2 Sun Sensitivity

Products containing retinoids, AHAs, BHAs, and Vitamin C significantly increase your skin's sensitivity to ultraviolet (UV) radiation. You must:

Use broad-spectrum SPF 30 or higher daily

Reapply sunscreen every 2 hours when outdoors

Avoid prolonged sun exposure, tanning beds, and sun lamps

Wear protective clothing and hats

Failure to use adequate sun protection while using these products can result in severe sunburn, hyperpigmentation, and increased risk of skin cancer.

11.3 Allergy and Ingredient Transparency

11.3.1 Your Responsibility to Review Ingredients

Full ingredient lists are provided for all Boutique products on our Website and on product packaging. It is your responsibility to:

Review ingredient lists carefully before purchase

Check for known allergens or sensitizing ingredients

Avoid products containing ingredients to which you are allergic or sensitive

Common allergens in skincare products include:

Nuts and nut-derived oils

Soy and soy derivatives

Gluten (in some formulations)

Fragrances and essential oils

Preservatives (parabens, phenoxyethanol, formaldehyde-releasers)

Lanolin and other animal-derived ingredients

11.3.2 Patch Testing Recommendation

We strongly recommend performing a patch test before full facial application of any new product:

Apply a small amount of product to the inner arm or behind the ear

Wait 24-48 hours

Monitor for signs of reaction (redness, itching, swelling, rash)

If no reaction occurs, proceed with facial use

This is especially important if you have sensitive skin, a history of allergies, or are using multiple active products simultaneously.

11.3.3 Discontinue Use if Irritation Occurs

If you experience severe irritation, burning, swelling, or allergic reaction:

• Immediately discontinue use
• Rinse thoroughly with cool water

Apply a bland, fragrance-free moisturizer

Contact our clinical team if symptoms persist or worsen

Seek emergency medical attention for severe reactions (difficulty breathing, widespread hives, facial swelling)

11.4 Product Use Instructions and Warnings

11.4.1 Follow Instructions Carefully

Each product includes specific use instructions, including:

Application frequency (daily, every other day, weekly)

Application method (fingertips, cotton pad, brush)

Amount to use (pea-sized, pump, etc.)

Time of day (morning, evening, both)

Specific warnings or contraindications

Do not exceed recommended usage. More is not better—overuse can cause irritation, damage, and adverse effects.

11.4.2 Do Not Mix Products Without Guidance

Certain active ingredients should not be used simultaneously or may require specific layering order. Improper combination can cause:

Chemical inactivation (rendering products ineffective)

Increased irritation or sensitization

Adverse chemical reactions

Consult with our aestheticians or clinical staff before combining:

Multiple retinoids

Retinoids with AHAs/BHAs

Vitamin C with certain acids

Prescription medications with over-the-counter actives

11.4.3 Storage and Expiration

To maintain product efficacy and safety:

Store products in a cool, dry place away from direct sunlight

Keep products tightly sealed when not in use

Check expiration dates; do not use expired products

Some products require refrigeration (indicated on packaging)

Do not transfer products to other containers

11.5 Contraindications and Special Populations

11.5.1 Pregnancy and Nursing

Many skincare actives are contraindicated during pregnancy and breastfeeding, including:

Retinoids and retinol (Category C or X)

Salicylic acid in high concentrations

Hydroquinone

Certain chemical sunscreens

Essential oils

If you are pregnant, planning to become pregnant, or nursing:

Consult your obstetrician before using any new skincare products

Inform our team of your status before purchasing

We can recommend pregnancy-safe alternatives

11.5.2 Medical Conditions

Certain skin conditions or medical issues may be contraindications for active skincare:

Active eczema, psoriasis, or rosacea

Open wounds, cuts, or abrasions

Recent cosmetic procedures (within 2 weeks)

Compromised immune system

Skin cancer or history of skin cancer

Consult our clinical team or your dermatologist before use if you have any of these conditions.

11.6 Limitation of Liability for Product Use

To the fullest extent permitted by New Jersey law:

Aevua is not liable for adverse reactions, allergies, or side effects resulting from product use

You assume all risk when using products purchased from our Boutique

We are not responsible for misuse, failure to follow instructions, mixing with incompatible products, or application to broken/irritated skin

Liability is limited to replacement of the product or refund of the purchase price (at our discretion)

This limitation does not apply to gross negligence, willful misconduct, or violations of consumer protection laws that cannot be waived.

SECTION 12: INTELLECTUAL PROPERTY RIGHTS

12.1 Aevua's Proprietary Rights

All content, features, and functionality available on or through the Website and our services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, the "Atmospheric Glow" aesthetic design, proprietary treatment protocols, and the overall "look and feel" of our brand (collectively, "Aevua Content"), are the exclusive property of Aevua Medical Spa or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes, without limitation:

The Aevua name, logo, and all related marks

Our custom color palette, including Rose Gold (#B76E79) and Metallic Charcoal (#1A2533)

The "Atmospheric Glow" brand aesthetic and visual identity

Proprietary clinical protocols (e.g., Sonia's laser treatment sequences)

Website architecture, code, and design elements

The Treatment Quiz algorithm and functionality

Member Portal features and interface

Educational content, blog posts, and guides

Before-and-after photography

12.2 Trademarks

The following are trademarks or service marks of Aevua Medical Spa (whether registered or common law):

AEVUA®

ATMOSPHERIC GLOW™

You may not use these marks without our prior written permission, except as necessary to identify Aevua in factual, non-commercial contexts (e.g., "I visited Aevua Medical Spa").

Federal trademark law (15 U.S.C. § 1114, 1125) and New Jersey common law protect our marks from unauthorized use, dilution, and infringement.

12.3 Limited License to Use Website

Subject to your compliance with these Terms, Aevua grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Access and view the Website for personal, non-commercial use

Download and print individual pages for personal reference

Use the Member Portal to manage your account and appointments

This license does not include any right to:

Reproduce, duplicate, copy, or exploit any Aevua Content for commercial purposes

Modify, adapt, translate, or create derivative works

Reverse engineer, decompile, or disassemble any software or code

Remove, obscure, or alter any copyright notices, trademarks, or proprietary legends

Use automated systems (bots, scrapers, spiders) to access or monitor the Website

Frame or mirror any portion of the Website on another site

12.4 Prohibited Uses of Proprietary Content

You may not, without our express written permission:

Use Aevua Content to create a competing medical spa, aesthetics practice, or wellness center

Copy our treatment protocols, clinical sequences, or proprietary methodologies

Replicate our Website design, color scheme, or "Atmospheric Glow" aesthetic

Use our trade secrets or confidential business information

Create "mirror sites" or substantially similar websites

Use our content in training materials for other businesses

Incorporate our content into large language models (LLMs), artificial intelligence systems, or machine learning tools without authorization

12.5 DMCA and Copyright Infringement

Aevua respects the intellectual property rights of others and expects users to do the same. We comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

12.5.1 Notice of Copyright Infringement

If you believe that content on our Website infringes your copyright, please provide our designated Copyright Agent with the following information pursuant to 17 U.S.C. § 512(c)(3):

Physical or electronic signature of the copyright owner or authorized representative

Identification of the copyrighted work claimed to have been infringed

Identification of the infringing material and information reasonably sufficient to permit us to locate it

Your contact information (address, telephone number, email)

A statement that you have a good-faith belief that use of the material is unauthorized

A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

Copyright Agent Contact Information:

Aevua Medical Spa

Attn: DMCA Copyright Agent

449 W Mt Pleasant Ave, Suite 1

Livingston, NJ 07039

Email: [email protected]

Phone: (201) 540-9549

12.5.2 Counter-Notice

If you believe that content you posted was removed in error, you may submit a counter-notice pursuant to 17 U.S.C. § 512(g)(3) containing:

Your physical or electronic signature

Identification of the removed material and its prior location

A statement under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification

Your contact information and consent to jurisdiction in federal court

12.6 Feedback and Suggestions

If you provide us with ideas, suggestions, proposals, or feedback regarding our services, Website, or business operations ("Feedback"):

You grant Aevua a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, implement, modify, and commercialize such Feedback without compensation or attribution

You waive any moral rights or proprietary claims to such Feedback

Aevua has no obligation to implement or use your Feedback

You acknowledge that Aevua may already be working on similar ideas or may receive similar suggestions from others

SECTION 13: USER-GENERATED CONTENT AND MEDIA RELEASE

13.1 User-Generated Content Defined

"User-Generated Content" (UGC) includes any content that you submit, post, upload, or otherwise make available through or in connection with Aevua, including but not limited to:

Product reviews and ratings

Testimonials and comments

Before-and-after photographs

Social media posts tagging @Aevua or using Aevua-related hashtags

"Glow transformation" photos or videos

Blog comments or forum contributions

Emails, messages, or communications with our team

13.2 Grant of Rights to Aevua

By submitting UGC, you grant Aevua and its affiliates, successors, and assigns an irrevocable, perpetual, worldwide, royalty-free, fully sublicensable, and transferable license to:

Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your UGC

Use your name, voice, likeness, image, and biographical information in connection with the UGC

Incorporate the UGC into marketing materials, advertisements, social media, the Website, and any other media (now known or later developed)

Sublicense these rights to third parties (e.g., advertising agencies, media partners)

This license continues even if you delete your account or request removal of the UGC.

13.3 Representations and Warranties for UGC

By submitting UGC, you represent and warrant that:

You are the sole owner of the UGC or have all necessary rights and permissions to grant the above license

The UGC does not infringe any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights

The UGC does not contain defamatory, libelous, obscene, or unlawful content

You are at least 18 years of age (or have parental consent if a minor)

Any person depicted in photographs or videos has consented to such use

You have not been compensated by any competitor or third party to post negative reviews or misleading information

13.4 Photography and Video Release

13.4.1 Consent to Clinical Photography

As part of your treatment, we may take before-and-after photographs or videos of treatment areas for:

Medical Records: Documentation of your treatment progress (HIPAA-protected, not used for marketing without separate consent)

Marketing and Promotional Use: Website, social media, printed materials, advertisements

You will be asked to sign a separate Photography and Model Release if you consent to marketing use of your images.

13.4.2 Terms of Model Release

If you sign a Photography/Model Release, you grant Aevua permission to:

Use your photographs, videos, and likeness for marketing and promotional purposes indefinitely

Edit, retouch, or alter images (e.g., "Glow-edit" enhancements)

Publish images across multiple platforms (Website, Instagram, Facebook, print ads, etc.)

Use images without additional compensation or royalty payments

You may withdraw consent for future use of images at any time by providing written notice to [email protected]. However, withdrawal is not retroactive—images already in use may continue to be used pursuant to the original release.

13.4.3 Compensation for Model Release

In consideration for signing a Model Release, you may receive (at Aevua's discretion):

"Founding Credit" toward services

Discounted or complimentary treatments

Boutique product gift packages

Entry into exclusive member events

Even if you receive such consideration, you are not entitled to additional royalties or payments if your images are used.

13.5 No Obligation to Use or Monitor UGC

Aevua has no obligation to:

Monitor, review, or screen UGC before it is posted

Use any UGC you submit

Compensate you for UGC (except as specifically agreed in a Model Release)

Respond to UGC or engage with your submissions

13.6 Right to Remove or Edit UGC

We reserve the right, but not the obligation, to:

Remove, edit, or disable any UGC at any time for any reason (or no reason)

Remove UGC that violates these Terms, is objectionable, or is potentially harmful

Suspend or terminate accounts of users who repeatedly post inappropriate UGC

13.7 Prohibited UGC

You may not submit UGC that:

Is false, misleading, or deceptive

Violates any law or regulation

Infringes intellectual property or proprietary rights

Contains malware, viruses, or malicious code

Is defamatory, libelous, harassing, threatening, or abusive

Is obscene, pornographic, or sexually explicit

Promotes discrimination, hatred, or violence

Discloses confidential or proprietary information

Impersonates another person or entity

Contains personal information of third parties without consent

Constitutes unsolicited advertising or spam

13.8 No Confidential Relationship

Except within the context of an established patient-provider relationship covered by HIPAA, your submission of UGC does not create a confidential, fiduciary, or special relationship. Information you provide through UGC may be treated as non-confidential and may be used as described in this Section 13 and our Privacy Policy.

SECTION 14: PRIVACY, HIPAA, AND DATA SECURITY

14.1 Privacy Policy Incorporation

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the practices described in the Privacy Policy.

Please review our Privacy Policy at www.aevua.com/privacy-policy to understand:

What information we collect

How we use and share information

Your privacy rights and choices

Cookie and tracking technology use

Data security measures

14.2 HIPAA Compliance

As a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. Parts 160 and 164, Aevua is committed to protecting the privacy and security of your Protected Health Information (PHI).

Aevua complies with the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule. PHI is stored in encrypted systems, transmitted through secure channels, and accessed only by authorized personnel. In the event of a breach of unsecured PHI, Aevua will provide notifications as required under 45 C.F.R. §164.400-414. Patients have the right to access, inspect, amend, and obtain copies of their PHI as permitted under HIPAA. By providing your mobile number or email, you consent to receive appointment reminders and administrative communications. Clinical information will not be sent via unencrypted email or SMS unless you provide written consent.

14.2.1 Notice of Privacy Practices

You will receive our HIPAA Notice of Privacy Practices (NPP) at your first appointment, which describes:

How we may use and disclose your PHI

Your rights regarding your PHI (access, amendment, accounting of disclosures, restrictions, confidential communications)

Our duties to protect your PHI

How to file a complaint if you believe your privacy rights have been violated

You will be asked to sign an acknowledgment that you received the NPP. Please read it carefully and ask questions if anything is unclear.

14.2.2 Uses and Disclosures of PHI

We may use and disclose your PHI without your authorization for the following purposes:

Treatment: Providing, coordinating, or managing your care

Payment: Billing and collecting payment for services (though most services are elective and self-pay)

Healthcare Operations: Quality improvement, training, business planning, and other operational activities

Other uses and disclosures require your written authorization, including:

Marketing uses (e.g., using your before-and-after photos in advertisements)

Sale of PHI

Psychotherapy notes (if applicable)

14.2.3 Your HIPAA Rights

You have the right to:

• Access and Copy: your medical records (with certain exceptions)
• Request Amendment: of incorrect or incomplete information
• Request Restrictions: on uses and disclosures (we are not required to agree, except for disclosures to health plans for services you paid for out-of-pocket)
• Request Confidential Communications: (e.g., contact at an alternative address or phone number)
• Receive an Accounting of Disclosures: (for certain disclosures made in the past 6 years)
• Receive a Paper Copy: of our Notice of Privacy Practices

To exercise these rights, contact our HIPAA Privacy Officer at [email protected] or (201) 540-9549.

14.3 Data Security Measures

Aevua implements administrative, physical, and technical safeguards to protect your personal information and PHI from unauthorized access, use, or disclosure, including:

• Encryption of data in transit (SSL/TLS) and at rest
• Secure, password-protected Member Portal with multi-factor authentication
• Role-based access controls limiting staff access to PHI on a "need-to-know" basis
• Regular security risk assessments and audits
• Staff training on privacy and security practices
• Business Associate Agreements (BAAs) with third-party vendors who handle PHI

14.4 Data Breach Notification

In the unlikely event of a breach of unsecured PHI, we will notify affected individuals in accordance with HIPAA Breach Notification Rule (45 C.F.R. § 164.404) requirements:

Individual notification within 60 days of discovery of the breach (by first-class mail, email, or substitute notice if contact information is insufficient)

Media notification (if breach affects 500+ individuals in a state or jurisdiction)

Notification to the U.S. Department of Health and Human Services (HHS)

14.5 Medical Records Retention

In accordance with New Jersey medical records retention laws (N.J.A.C. 13:35-6.9), we retain medical records for a minimum of seven (7) years from the date of the last treatment or, in the case of minors, until the patient reaches age 23 (whichever is longer).

Upon closure of the practice or if you request records, we will provide:

• Copies of Records: Available upon written request (processing fee may apply as permitted by law)
• Transfer to New Provider: Records can be sent directly to another healthcare provider with your written authorization

14.6 Email and Electronic Communication Security

14.6.1 Unencrypted Email Risks

Standard email is not a secure method of communication for PHI. By providing your email address and communicating with us via email, you acknowledge and accept the risks, including:

• Interception by unauthorized third parties
• Misdirection to incorrect recipients
• Unlimited forwarding without your knowledge

14.6.2 Secure Communication Options

For sensitive communications, we offer:

• Member Portal Secure Messaging: HIPAA-compliant, encrypted platform
• Encrypted Email: Available upon request for high-sensitivity communications
• Phone or In-Person: Always available for confidential discussions

14.7 Cookies and Tracking Technologies

Our Website uses cookies, web beacons, and similar tracking technologies to:

• Remember your login and preferences
• Analyze Website traffic and usage patterns
• Personalize your experience (e.g., Treatment Quiz recommendations)
• Serve targeted advertising (with your consent)

You may manage cookie preferences through your browser settings. However, disabling certain cookies may affect Website functionality, including your ability to:

• Stay logged into the Member Portal
• Receive member-specific pricing
• Complete the Treatment Quiz

For more details, see our Cookie Policy at www.aevua.com.

SECTION 15: WEBSITE USE AND PROHIBITED CONDUCT

15.1 Acceptable Use

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate Aevua, an Aevua employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website

15.2 Prohibited Activities

Without limiting the generality of Section 15.1, you specifically agree not to:

15.2.1 Technical Interference

• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Attack the Website via a denial-of-service attack or distributed denial-of-service attack
• Otherwise attempt to interfere with the proper functioning of the Website

15.2.2 Intellectual Property Violations

• Use Aevua Content to train AI/machine learning models or large language models (LLMs) without authorization
• Copy, reproduce, or create derivative works from the Website or Aevua Content
• Reverse engineer any software or proprietary algorithms (including the Treatment Quiz logic)
• Remove or obscure any copyright, trademark, or other proprietary notices

15.2.3 Misuse of Features

• Circumvent or manipulate the Treatment Quiz to obtain false or misleading recommendations
• Create multiple accounts to exploit promotional offers or evade restrictions
• Use the Member Portal to impersonate another member
• Share login credentials with unauthorized individuals
• Abuse the "Buddy Pass" program by gifting services to ineligible recipients

15.2.4 Harmful Content

• Post content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• Post content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Post content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights
• Post content that violates the legal rights (including rights of publicity and privacy) of others

15.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your Member Portal login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account or password

Do not share your login credentials. If you suspect unauthorized access to your account, contact us immediately at [email protected].

15.4 Monitoring and Enforcement

Aevua reserves the right, but not the obligation, to:

• Monitor the Website and user activities for compliance with these Terms
• Remove or disable access to any content that violates these Terms or is otherwise objectionable
• Terminate or suspend access to the Website for users who violate these Terms
• Take appropriate legal action against users who violate these Terms, including reporting to law enforcement
• Disclose user information to law enforcement or other third parties as required by law or to protect our rights

15.5 Reporting Violations

If you become aware of any violations of these Terms or suspect unauthorized activity on the Website, please report it to:

Email: [email protected]

Phone: (201) 540-9549

Mail: Aevua Medical Spa, Attn: Legal Compliance, 449 W Mt Pleasant Ave, Suite 1, Livingston, NJ 07039

SECTION 16: ACCESSIBILITY COMMITMENT

16.1 ADA and WCAG Compliance

Aevua is committed to ensuring that our digital "Atmospheric Glow" experience is accessible to all individuals, including those with disabilities. We strive to comply with:

The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.

Web Content Accessibility Guidelines (WCAG) 2.1, Level AA standards

Our ongoing accessibility efforts include:

16.1.1 Screen Reader Compatibility

Utilizing ARIA (Accessible Rich Internet Applications) labels and landmarks

Providing descriptive alt text for images

Implementing semantic HTML for logical content structure

16.1.2 Keyboard Navigation

Ensuring all forms, buttons, and interactive elements can be accessed and operated using only a keyboard (no mouse required)

Treatment Quiz fully navigable via Tab, Enter, and Arrow keys

Visible focus indicators for keyboard users

16.1.3 Visual Clarity and Contrast

Maintaining high contrast ratios between text (Metallic Charcoal #1A2533) and background colors

Offering resizable text that can be enlarged up to 200% without loss of content or functionality

Avoiding reliance on color alone to convey information

16.1.4 Multimedia Accessibility

Providing captions and transcripts for video content

Offering audio descriptions where applicable

Ensuring time-based media can be paused, stopped, or hidden

16.2 Accessibility Assistance and Feedback

If you experience difficulty accessing any content on this Website or navigating any features, or if you notice any accessibility barriers, please contact us:

Accessibility Coordinator:

Email: [email protected]

Phone: (201) 540-9549

Subject Line: "Accessibility Assistance"

In your message, please include:

Description of the accessibility issue

The URL or page where the issue occurred

Your assistive technology or browser (if applicable)

We will make reasonable efforts to accommodate your needs and address accessibility concerns promptly.

16.3 Facility Accessibility

Our New Jersey facility is designed to be accessible to individuals with disabilities in accordance with the ADA. Features include:

Wheelchair-accessible entrance and parking

Accessible restrooms

Wide doorways and hallways

Accessible treatment rooms

If you require specific accommodations for your visit (e.g., American Sign Language interpreter, accessible exam table), please notify us at least 48 hours in advance so we can make appropriate arrangements.

16.4 Ongoing Improvement

Accessibility is an ongoing commitment. We conduct regular accessibility audits and work with accessibility consultants to identify and remediate barriers. However, we recognize that our efforts are not perfect. We welcome your feedback and are committed to continuous improvement.

SECTION 17: THIRD-PARTY LINKS AND SERVICES

17.1 Links to Third-Party Websites

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Aevua, including:

Skincare brand manufacturers

Payment processors (CareCredit)

Social media platforms (Instagram, Facebook)

Health and wellness resources

Medical information databases

17.2 No Endorsement or Responsibility

The inclusion of any link does not imply endorsement, approval, or recommendation by Aevua. We have no control over and assume no responsibility for:

The content, privacy policies, or practices of third-party websites

The accuracy, legality, or appropriateness of third-party content

Any damages or losses caused by or in connection with use of third-party services

17.3 Third-Party Terms Apply

Your interactions with third-party websites are governed by their own terms and conditions and privacy policies. You should review those documents before using third-party services or providing personal information.

17.4 Third-Party Service Providers

Aevua may use third-party service providers to facilitate our services, including:

Payment processing (e.g., Stripe, Square)

Appointment scheduling software

Email marketing platforms

Analytics tools (Google Analytics)

Cloud storage and hosting providers

These providers may collect information about you in accordance with their own privacy policies. We maintain Business Associate Agreements (BAAs) with providers that handle PHI to ensure HIPAA compliance.

SECTION 18: DISCLAIMERS AND LIMITATIONS OF LIABILITY

18.1 "AS IS" and "AS AVAILABLE" Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY NEW JERSEY LAW, THE WEBSITE, ALL AEVUA CONTENT, CLINICAL SERVICES, BOUTIQUE PRODUCTS, AND ALL MATERIALS, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH AEVUA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

AEVUA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement

Warranties that the Website will be uninterrupted, error-free, or free of viruses or other harmful components

Warranties regarding the accuracy, reliability, or completeness of content, products, or services

Warranties regarding treatment outcomes or results

18.2 Medical Outcome Disclaimer

AEVUA DOES NOT GUARANTEE, REPRESENT, OR WARRANT ANY SPECIFIC RESULTS FROM CLINICAL TREATMENTS. Aesthetic outcomes are inherently variable and depend upon individual factors beyond our control. You acknowledge that:

Results vary significantly among individuals

Before-and-after photos represent specific cases and are not typical or guaranteed outcomes

Additional treatments or revisions may be necessary

Some patients may experience no visible improvement

Rare adverse events can occur despite appropriate care

18.3 Third-Party Content Disclaimer

Aevua is not responsible for and does not endorse any third-party content, including:

User-generated content and reviews

Social media posts by other users

Comments or opinions expressed by non-Aevua personnel

Information on linked third-party websites

18.4 No Professional Relationship via Website

USE OF THE WEBSITE, TREATMENT QUIZ, OR OTHER DIGITAL TOOLS DOES NOT CREATE A PATIENT-PROVIDER, DOCTOR-PATIENT, OR PROFESSIONAL RELATIONSHIP. Recommendations provided through the Website are general in nature and should not be relied upon as personalized medical advice.

18.5 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW, IN NO EVENT SHALL AEVUA, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, MEDICAL DIRECTOR, CLINICAL ADVISORS, OR AFFILIATES (COLLECTIVELY, "AEVUA PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO:

Your use or inability to use the Website or services

Any errors, omissions, or inaccuracies in content

Unauthorized access to your personal information or PHI (except to the extent caused by our gross negligence)

Any interruption or cessation of the Website

Any bugs, viruses, or malicious code transmitted through the Website by third parties

Treatment outcomes or complications

Product reactions or adverse events

This includes damages for:

Lost profits, revenue, or business opportunities

Loss of data or information

Personal injury or property damage

Emotional distress or pain and suffering

Loss of enjoyment or quality of life

18.6 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AEVUA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF AEVUA SERVICES SHALL NOT EXCEED THE LESSER OF: (a) The amount you paid to Aevua in the six (6) months preceding the claim, or (b) $500

18.7 Exceptions to Limitations

The limitations in Sections 18.5 and 18.6 do not apply to:

Liability for gross negligence, willful misconduct, or intentional wrongdoing

Liability that cannot be limited under New Jersey law, including certain consumer protection violations

Liability for personal injury or death caused directly by Aevua's negligence

Violations of your legal rights that cannot be waived by contract

18.8 New Jersey Consumer Protection Notice

Under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), you may have rights that cannot be waived by contract. Nothing in these Terms is intended to limit such rights. If you believe you have been the victim of an unlawful practice, you may contact:

New Jersey Division of Consumer Affairs

Phone: 1-800-242-5846

Website: www.njconsumeraffairs.gov

SECTION 19: INDEMNIFICATION

19.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless the Aevua Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:

19.1.1 Your Breach of Terms

Any violation by you of these Terms, Additional Terms, or any applicable law or regulation.

19.1.2 Your Use of Services

Your use or misuse of the Website, Clinical Services, Boutique products, or any Aevua services.

19.1.3 Your User-Generated Content

Any UGC you submit, including any claims that your UGC infringes third-party intellectual property rights or violates any person's rights of privacy or publicity.

19.1.4 Negligence or Misconduct

Your negligence, willful misconduct, or violation of the rights of any third party.

19.1.5 Unauthorized Access

Any unauthorized access to the Website or Member Portal through your account due to your failure to maintain the security of your login credentials.

19.2 Indemnification Procedures

If a claim subject to indemnification is brought against Aevua:

Aevua will provide you with prompt written notice of the claim

You will have the right to control the defense and settlement of the claim (with counsel reasonably acceptable to Aevua)

Aevua will cooperate with you in the defense at your expense

You will not settle any claim in a manner that imposes obligations or liability on Aevua without Aevua's prior written consent

19.3 Aevua's Right to Defend

Notwithstanding Section 19.2, Aevua reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you will cooperate with Aevua in asserting any available defenses.

SECTION 20: DISPUTE RESOLUTION AND ARBITRATION

20.1 Informal Dispute Resolution Requirement

Before initiating arbitration or litigation, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your relationship with Aevua (a "Dispute") through good-faith, informal negotiations.

Process:

The party initiating the Dispute must send written notice to the other party describing the nature of the Dispute and the desired resolution

The parties will meet (in person, by phone, or via video conference) within 30 days to attempt resolution

If the Dispute is not resolved within 60 days of the initial notice, either party may proceed to arbitration

Notice to Aevua:

Aevua Medical Spa

Attn: Legal Department - Dispute Resolution

449 W Mt Pleasant Ave, Suite 1

Livingston, NJ 07039

Email: [email protected]

20.2 Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except as provided in Section 20.6 (Exceptions to Arbitration), you and Aevua agree that any Dispute will be resolved through binding individual arbitration rather than in court.

20.2.1 Arbitration Rules and Forum

Arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Comprehensive Arbitration Rules & Procedures.

24. CONTACT INFORMATION

24.1 General Inquiries

For general questions, concerns, or feedback regarding these Terms or Aevua services:

Aevua Medical Spa

449 W Mt Pleasant Ave, Livingston, NJ, 07039, USA

Phone: (201) 540-9549

Email: [email protected]

Website: www.aevua.com

24.2 Specific Departments

Membership Services:

Email: [email protected]

Phone: (201) 614-3514

Billing and Payments:

Email: [email protected]

Phone: (201) 614-3514

Privacy and HIPAA:

Email: [email protected]

24.3 Emergency Contact

For medical emergencies occurring during or after treatment, call 911 immediately or go to the nearest emergency room.

For urgent medical concerns related to recent treatment (e.g., signs of infection, allergic reaction, vascular compromise):

• Call our office during business hours: (201) 540-9549
• After-hours emergency line: (201) 614-3514

25. SMS/TEXT MESSAGING PROGRAM — CONSENT, OPT-IN, AND OPT-OUT

This section governs Aevua's use of SMS/MMS text messaging to communicate with patients, members, and prospective clients. It is required to comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227; the CTIA Messaging Principles and Best Practices; A2P 10DLC carrier registration requirements; and applicable FCC regulations.

25.1 Program Description

Aevua Medical Spa operates an SMS/MMS text messaging program to communicate with you regarding the following types of messages:

• Appointment Reminders: Upcoming appointment confirmations, reminders, and post-visit follow-up messages.
• Account Notifications: Membership billing alerts, payment confirmations, account status updates, and Member Portal notifications.
• Clinical Communications: Pre-treatment preparation instructions, post-treatment care reminders, and medical follow-up messages.
• Promotional Messages: Special offers, new service announcements, membership promotions, and event invitations (only if you separately opt in to marketing messages).
• Two-Way Service Communications: Responses to your inbound texts and customer service interactions.

25.2 Consent to Receive Text Messages (Opt-In)

Express Written Consent Required. By providing your mobile telephone number to Aevua and affirmatively checking the opt-in box on any Aevua intake form, online booking form, membership enrollment form, website form, or other consent mechanism, you expressly consent to receive autodialed and/or pre-recorded text messages and SMS/MMS messages from Aevua Medical Spa at the mobile telephone number you provide. Consent is not a condition of purchasing any goods or services.

Consent is Not Required for Purchase. You are not required to consent to receive text messages as a condition of purchasing any product or service from Aevua. You may opt out of SMS communications at any time (see Section 25.4) without affecting your ability to receive services.

Separate Consent for Marketing. Appointment reminders and transactional/clinical messages require a single opt-in. Promotional or marketing text messages require a separate, explicit opt-in confirmation at the time of enrollment or via a distinct consent checkbox.

Record of Consent. Aevua maintains records of your SMS consent, including the date, time, method of consent, and the phone number consented, in compliance with CTIA and TCPA requirements.

25.3 Message Frequency

Message frequency varies based on your level of engagement with Aevua's services. You may receive up to [insert number — e.g., 4–8] messages per month for appointment reminders and account notifications, and additional messages if you have separately opted in to promotional communications. Aevua will not send an unreasonable number of messages and will always respect your communication preferences.

25.4 How to Opt Out (STOP)

You may opt out of receiving Aevua SMS messages at any time by:

• Texting STOP to any Aevua SMS message. After sending STOP, you will receive a single confirmation message acknowledging your opt-out: "You have been unsubscribed from Aevua Medical Spa messages. You will receive no further messages. Reply START to re-subscribe or call (201) 540-9549 for assistance."
• Contacting us by email at [email protected] or by calling (201) 540-9549 to request removal from our messaging list.
• Updating your preferences in your Member Portal.

Upon receipt of a valid STOP request, Aevua will cease sending SMS messages to that number within a commercially reasonable time, not to exceed 30 days. Opting out of SMS does not affect your receipt of other communications (email, phone calls) unless you separately request that those be stopped.

Other recognized opt-out keywords: CANCEL, END, QUIT, UNSUBSCRIBE. Any of these keywords will process your opt-out.

25.5 How to Get Help (HELP)

If you need assistance with Aevua's SMS program, reply HELP to any Aevua text message. You will receive a response such as: "Aevua Medical Spa: For help, call (201) 540-9549 or email [email protected]. To stop messages, reply STOP. Msg & data rates may apply."

You may also contact us directly at (201) 540-9549 or [email protected] for any SMS-related questions or concerns.

25.6 Message and Data Rates

Message and data rates may apply to all SMS/MMS messages sent to or received from Aevua, depending on your wireless carrier and mobile data plan. Aevua does not charge a separate fee for SMS communications, but standard carrier rates apply. Contact your wireless carrier for information about your messaging and data plan.

25.7 Supported Carriers

Aevua's SMS program is supported by most major US wireless carriers, including AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, MetroPCS, and others. Carrier support is not guaranteed for all carriers. Aevua is not liable for delayed or undelivered messages due to carrier issues, network congestion, or other technical factors outside our control.

25.8 Privacy of SMS Data

Your mobile phone number and any information shared through SMS communications are treated as confidential personal information. Specifically:

• We will not share your mobile number with any third party for their own marketing purposes.
• Mobile opt-in data (your phone number and consent records) will not be sold, rented, or shared with third parties for marketing use.
• SMS communications may be stored in our records as part of your patient/client file, consistent with our HIPAA obligations and applicable data retention requirements.
• Our SMS messaging service provider(s) may process your messages on our behalf under a confidentiality agreement, but they are not authorized to use your data for their own purposes.

25.9 Re-Subscribing (START)

If you have previously opted out and wish to re-subscribe to Aevua's SMS program, you may text START, YES, or UNSTOP to the Aevua SMS number, or contact us at (201) 540-9549 or [email protected] to re-enroll.

25.10 Changes to the SMS Program

Aevua reserves the right to modify or discontinue its SMS messaging program at any time. We will notify you of material changes to the program via SMS (prior to discontinuation) or through our Website. Continued participation in the SMS program after notice of changes constitutes your acceptance of those changes.

25.11 TCPA Compliance

Aevua's SMS program is operated in full compliance with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and FCC implementing regulations, 47 C.F.R. Part 64, including requirements for prior express written consent before sending autodialed marketing messages, honoring opt-out requests promptly, maintaining accurate do-not-contact lists, and providing clear program identification and contact information in all messages.

25.12 Limitation of Liability for SMS Communications

To the fullest extent permitted by law, Aevua is not liable for any delays, failures, or errors in SMS delivery caused by your wireless carrier, network issues, or circumstances outside our control. Time-sensitive communications (such as urgent medical instructions) should not be relied upon exclusively via SMS. For urgent matters, please call (201) 540-9549 directly.​

ACKNOWLEDGMENT AND ACCEPTANCE

BY USING THE AEVUA WEBSITE, SCHEDULING APPOINTMENTS, PURCHASING PRODUCTS OR SERVICES, ENROLLING IN MEMBERSHIP PROGRAMS, OR OTHERWISE ENGAGING WITH AEVUA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE COMPREHENSIVE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITE OR SERVICES.

END OF TERMS AND CONDITIONS

This document constitutes the entire agreement between you and Aevua Medical Spa regarding your use of our services and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties.

Document Version: 1.0

Effective Date: January 27, 2026

Last Updated: January 27, 2026

© 2026 Aevua Medical Spa. All Rights Reserved.