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BetterSkin · Legal

Terms and Conditions of Use

Date of Last Revision: September 10, 2026

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IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO SECTION 18 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.

AMONG OTHER ACTIVITIES, BETTERSKIN'S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A LICENSED HEALTHCARE PROVIDER. THEY DO NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.

THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.

Introduction

BetterSkin Group, LLC ("BetterSkin," "we," "us," or "our") owns and operates the website located at www.betterskin.com (the "Website") and any associated mobile applications (the "Apps"). We refer to the Website, Apps, and all other services provided by BetterSkin together herein as the "Services." In these Terms of Use, the terms "you" and "yours" refer to the person using the Services.

These terms and conditions of use ("Terms of Use") describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. In using certain parts of the Services, you may be presented with additional or supplementary terms, and you agree to review and be bound by such additional terms.

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

These Terms of Use Contain the Following Sections:

  • 1. Services Overview, Availability, and Eligibility
  • 2. Telehealth and At-Home Testing Services
  • 3. Your Financial Responsibility; No Insurance
  • 4. Registration and Account Creation
  • 5. Privacy
  • 6. Ownership and License to Use the Services
  • 7. User Content and BetterSkin's License to Use Such Content
  • 8. Copyright Notices
  • 9. Restrictions on Use
  • 10. Disclaimer of Warranties
  • 11. Limitation of Liability
  • 12. Indemnification
  • 13. Third-Party Links and Features on the Services
  • 14. Changes to the Terms of Use and the Services
  • 15. Payments
  • 16. Termination
  • 17. Governing Law; Severability
  • 18. Dispute Resolution: Binding Arbitration Clause and Class Waiver
  • 19. Communications by Text Message and Email
  • 20. Miscellaneous Terms
  • 21. Contact Us
  • 22. Notice to Patients - Open Payments Database

1. Services Overview, Availability, and Eligibility

Overview of the Services. The Services may include: (i) providing individuals with information on dermatological health and wellness; (ii) providing individuals with access to over-the-counter skincare products through our Shopify-powered storefront; (iii) providing individuals with access to technology-oriented tools for addressing certain skin health conditions; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to a licensed health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.

Availability. BetterSkin's over-the-counter products are available to individuals located throughout the United States. Telehealth services enabling access to licensed healthcare providers for prescription treatment are currently available in the states where our affiliated healthcare providers hold active licenses; availability will expand as additional providers are credentialed. You will be provided with notice of any limitations on the availability of specific Services in your location.

BetterSkin is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws.

Eligibility. Our Services are intended for use only by individuals who are 18 years of age or older. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:

  • You are 18 years of age or older.
  • You are located in the United States (or in a state where telehealth services are available, as applicable).
  • You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. BetterSkin and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.

2. Telehealth and At-Home Testing Services

Telehealth Services. Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up, and/or related patient education, and may include, but is not limited to:

  • Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
  • Interactions between a patient and health care provider via audio, video, and/or data communications; and
  • Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access. By accepting these Terms of Use, you agree and consent to BetterSkin, the affiliated physician practices, the health care providers contracted or employed by the affiliated physician practices, and any other health care organization(s) or provider(s) with whom we partner to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any affiliated physician practice, any health care provider contracted or employed by an affiliated physician practice, or any health care organization(s) or provider(s) with whom we partner to offer the Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.

Please see our Consent to Telehealth available at www.betterskin.com/consent-to-telehealth for additional information about the risks and benefits of telehealth. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Your Relationship with BetterSkin. BetterSkin does not provide any medical services, including via the Services. Rather, BetterSkin provides a technology platform for you to access a health care provider who is employed or contracted with a BetterSkin affiliated physician practice and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only, and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and consulting with an affiliated physician practice or its health care providers through the Services, you are not entering into a provider-patient relationship with BetterSkin.

Except for specific communications received from an affiliated physician practice or its health care providers, none of the information you receive through the Services should be considered medical advice.

Pharmacy Services. If you receive a prescription as a result of your use of the Services, you may select one of our partner pharmacies to fill and ship your prescription. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Services. You give us consent to send and disclose to our partner pharmacy or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services.

3. Your Financial Responsibility for Services; No Insurance

By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. You are solely responsible for the costs of any services or products provided to you. BetterSkin and affiliated physician practices do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid.

By accessing or using the Services, you agree that: (1) you will not seek payment or accept reimbursement, either directly or indirectly, from any insurance plan or other third-party payer, including any state or federal health care program, for any services or products purchased through BetterSkin, regardless of whether the payer covers it; (2) if you are a federal health program beneficiary, you agree that neither you, BetterSkin, the affiliated physician practices, nor any of the health care organization(s) or provider(s) with whom we partner will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services; and (3) you will not count the amount you pay for any services or products purchased through BetterSkin towards an insurance deductible or out-of-pocket spending requirements.

4. Registration and Account Creation

Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to BetterSkin. If you do not maintain such information, or BetterSkin has reasonable grounds to suspect as much, BetterSkin has the right to suspend or terminate your account and your use of the Services. You agree to keep confidential your username and password and to exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You also agree to immediately notify BetterSkin of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing us at compliance@betterskin.com. BetterSkin may take any and all actions it deems necessary or reasonable to maintain the security of the Services.

You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else's account at any time. BetterSkin explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this Section.

5. Privacy

BetterSkin understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available at www.betterskin.com/privacy-policy for information about how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

6. Ownership and License to Use the Services

Ownership. As between BetterSkin and you, BetterSkin is the sole and exclusive owner of all right, title, and interest in and to the Services and their content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel) ("Services Content"). You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms of Use or otherwise by BetterSkin expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by BetterSkin or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or Services Content.

Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks, or logos ("Marks") of BetterSkin or its affiliates. You are not authorized to use any such Marks without the express written permission of BetterSkin. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

Your License. Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms of Use and the Privacy Policy. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by BetterSkin or its licensors.

7. User Content and BetterSkin's License to Use Such Content

Except as provided in our Privacy Policy, or information governed by applicable federal and state-specific privacy laws and regulations, you understand and agree that any information you provide through the Services, whether by direct entry, submission, email, or otherwise, including but not limited to data, questions, comments, or suggestions/feedback, will be treated as non-confidential and non-proprietary and will become the property of BetterSkin and/or the affiliated physician practices or individual health providers utilizing the Services ("User Content").

Except as provided in our Privacy Policy or subject to any applicable laws, User Content may be used by BetterSkin for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting, and BetterSkin shall be free to use such User Content for any purpose whatsoever, including, without limitation, developing and marketing products using such information, without any compensation owed to you. You hereby grant BetterSkin, our service providers, our successors and assigns, our affiliated health care providers, and their affiliated physician practices the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Services for the purposes of providing Services to you; marketing Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying, and/or improving new, current, or future features, products, and services of BetterSkin using such data.

WITHOUT LIMITATION OF THE FOREGOING, BETTERSKIN DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR ANY USER CONTENT, NOR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM ANY USE OF SUCH USER CONTENT.

You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Use, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; and (5) to protect the rights, property, or personal safety of BetterSkin, its agents and affiliates, its users, and the public.

BetterSkin reserves the right to remove any content or any other material or information available on or through our Services, at any time, for any reason. BetterSkin otherwise complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with BetterSkin.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Services, you may submit a notification to our Designated Agent at:

Copyright Agent, BetterSkin Group, LLC, 120 N Marina St Suite C, Prescott, AZ 86301; compliance@betterskin.com

Any notification to BetterSkin under 17 U.S.C. § 512(c) alleging copyright infringement must include all of the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
  • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • An identification of the content or material that you claim is infringing and where it is located on our Services;
  • Information sufficient for BetterSkin to contact you, such as your address, telephone number, and/or email address;
  • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.

9. Restrictions on Use

You agree that in using or accessing the Services, you will not, and will not attempt to:

  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Violate any local, state, national, or international law (including export laws);
  • Reverse engineer, disassemble, decompile, or translate any software or other components of the Services;
  • Distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Services, or any other system, device, or property;
  • Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party;
  • Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services;
  • License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein;
  • Create or develop competing products or services or use the Services for any other purpose that is to BetterSkin's detriment or commercial disadvantage;
  • Damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Service Content, or User Content, in whole or in part;
  • Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent;
  • Post, transmit, or otherwise disseminate any content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, or discriminatory; (ii) is derogatory or harmful to our reputation or the reputation of any affiliated healthcare provider; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner;
  • Harm, harass, threaten, abuse, defame, or discriminate against any affiliated health care provider who provides health care services related to the Services;
  • Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network;
  • Bypass, breach, avoid, remove, deactivate, impair, or otherwise circumvent any security device, protection, or technological measure implemented by BetterSkin or any of our service providers to protect the Services;
  • Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Service Content or User Content;
  • Transmit any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  • Copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database, or otherwise use in any form or by any means any data, text, reports, or other materials related to BetterSkin or third-party content from the Services; or
  • Encourage or enable any other individual to do any of the foregoing.

10. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BETTERSKIN AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PHYSICIAN PRACTICES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY "RELATED PERSONS") MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER BETTERSKIN NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, BETTERSKIN DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND BETTERSKIN DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

11. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BETTERSKIN, ITS RELATED PERSONS, OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF BETTERSKIN OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL BETTERSKIN'S OR ITS RELATED PERSONS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this Section. Accordingly, some of these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless BetterSkin, its affiliates, its affiliated health care practices, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys' fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Services, or your use of the materials or features available on the Services, in an unauthorized manner; (ii) your fraud, violation of law, negligence, or willful misconduct; or (iii) any breach by you of these Terms of Use.

The Services may contain hyperlinks, plug-ins, products, or features operated by third parties ("Third-Party Services"). Such Third-Party Services are not under our control; therefore, we are not responsible for the information, products, or services described by, or for the content or features of any such Third-Party Services. We are providing these Third-Party Services to you only as a convenience, and the inclusion of any Third-Party Services does not imply endorsement of the Third-Party Services or any association with its operators. Your use of these Third-Party Services is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Third-Party Services.

14. Changes to the Terms of Use and the Services

The Services are continually under development, and BetterSkin reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

You acknowledge and agree that: (1) all or any part of the Services may not be accessible at any time, for any period, or for any reason; and (2) BetterSkin will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. BetterSkin reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that BetterSkin shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

15. Payments

You agree to pay all fees due for services requested at checkout and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with any subscription services.

You understand and agree that you are responsible for all fees due to receive health care services and any products purchased through the Services. In the event that your credit card expires or BetterSkin, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice to provide an alternative payment method. BetterSkin and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or products unless and until full payment has been received and/or verified. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times.

Certain products or services offered on the Services may be offered on a subscription basis ("Subscription Services"). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process for the applicable Subscription Services. You may cancel a Subscription Service to prevent future renewals at any time before the cancellation cutoff date as indicated to you at the time you purchase the Subscription Service.

EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES, ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

You will automatically be refunded if we have already charged your payment method and you are subsequently deemed unsuitable for treatment or we reject your treatment request for any other reason. Refunds may take 5 business days or longer to process.

16. Termination

These Terms of Use will remain in full force and effect as long as you continue to access or use the Services. You may terminate these Terms of Use at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms of Use.

BetterSkin may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms of Use. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law; Dispute Resolution; and Miscellaneous Terms.

After such termination, BetterSkin will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical, and professional obligations. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way.

17. Governing Law; Severability

Governing Law. These Terms of Use and your use of the Services shall be governed by the laws of the State of Arizona, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in Section 18, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Maricopa County, Arizona, and you consent to the jurisdiction of those courts.

Severability. All parts of these Terms of Use apply to the maximum extent permitted by law. BetterSkin and you both agree that if we cannot enforce a part of this agreement as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

18. Dispute Resolution: Binding Arbitration Clause and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT—AND LIMITS YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.

As detailed herein, these Terms of Use mandate that all disputes between you and BetterSkin be resolved first through an informal dispute resolution process. In the event informal resolution fails, these Terms of Use further mandate that all disputes (except those identified in Section 18.3) be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve such disputes.

18.1 Informal Dispute Resolution

For any and all disputes between you and BetterSkin, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the dispute to the other party. For any dispute against BetterSkin that you initiate, you agree to send BetterSkin: (a) a written description of the dispute; and (b) the email address associated with your account, to: compliance@betterskin.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.

If the parties' dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and BetterSkin agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below. Good faith engagement in informal dispute resolution is a prerequisite and condition precedent to either party initiating arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

18.2 Binding Arbitration

After the parties have engaged in a good-faith effort to resolve their dispute in accordance with the Informal Dispute Resolution process (Section 18.1), and only if those efforts fail, then either party may initiate arbitration as set forth in this Section. If you determine to initiate arbitration, a copy of the arbitration demand must be emailed to compliance@betterskin.com.

(a) Mutual Arbitration Agreement. Except as set forth in Section 18.3 below, you and BetterSkin agree that all claims, disputes, or disagreements that may arise out of or relating to the interpretation, applicability, enforceability, formation, or performance of these Terms of Use—including but not limited to any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees—shall be resolved exclusively through binding arbitration in accordance with this Section 18.2 (collectively, the "Arbitration Agreement"). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects and evidences a transaction involving interstate commerce. You and BetterSkin expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the State of Arizona shall apply.

(b) WAIVER OF RIGHTS INCLUDING JURY TRIAL. THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND THIS ARBITRATION AGREEMENT, YOU AND BETTERSKIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(c) CLASS ARBITRATION AND COLLECTIVE RELIEF WAIVER. YOU AND BETTERSKIN ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM.

(d) Arbitration Location. Arbitration will take place in Maricopa County, Arizona, unless you and BetterSkin otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue.

(e) The Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") and resolved before a single arbitrator, in accordance with the AAA Consumer Arbitration Rules in effect at the time any demand for arbitration is filed, excluding any rules or procedures governing or permitting class or representative actions. If the AAA is not available to arbitrate, the parties will select an alternative arbitration provider. The applicable AAA rules and procedures are available at www.adr.org. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

(f) Arbitration Award. The arbitrator will render an award within the time frame specified in the applicable AAA rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

18.3 Exceptions to Arbitration

Notwithstanding the parties' agreement to resolve all disputes through binding arbitration as set forth in Section 18.2:

(a) IP Disputes. Either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Maricopa County, Arizona.

(b) Small Claims Court. Either party may elect to have disputes or claims resolved in a small claims court, provided the disputes or claims are within the scope of that court's jurisdiction.

18.4 30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt out to: compliance@betterskin.com. The notice must be sent within 30 days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 18.2. If you opt out of the arbitration provisions, BetterSkin also will not be bound by them.

19. Communications by Text Message and Email

By opting in to receive text (SMS) messages from BetterSkin or by sending BetterSkin an initial text message, you consent to receiving text messages regarding your BetterSkin account and use of the Services. Transactional messages may include appointment confirmations and reminders, order and shipping updates, prescription status notifications, and secure communications from your healthcare provider. Marketing messages, where separately consented to, may include promotional offers, new product announcements, and skincare tips. Message frequency varies by message type and your activity on the platform.

Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from BetterSkin, and you can opt out of any of BetterSkin's SMS services at any time by texting "STOP" to the message received from the mobile device subscribed to receive the SMS messages. Text "HELP" to any BetterSkin message for assistance or contact support@betterskin.com. Message frequency varies and message and data rates may apply. BetterSkin does not sell or share mobile phone numbers or SMS consent information with third parties for their own marketing purposes.

You also understand that while BetterSkin takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from BetterSkin are not encrypted. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk.

20. Miscellaneous Terms

No waiver. No waiver by BetterSkin of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by BetterSkin to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

No agency relationship. Neither these Terms of Use, nor any Services Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies. You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment. You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. BetterSkin and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of BetterSkin is transferred to another entity by way of merger, sale of its assets, or otherwise.

Entire Agreement. This is the entire agreement between you and BetterSkin relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with BetterSkin.

21. Contact Us

If you have any questions about these Terms of Use, please contact us at:

BetterSkin Group, LLC

120 N Marina St Suite C

Prescott, AZ 86301

compliance@betterskin.com

22. Notice to Patients - Open Payments Database

For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payments and other transfers of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public. You may search this federal database for payments made to physicians and teaching hospitals by visiting: https://openpaymentsdata.cms.gov/