Terms of Use

Date of Last Revision: September 5, 2026

AMONG OTHER ACTIVITIES, BIOWAVE REGENERATION'S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE 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. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 17), AND (II) YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE SECTIONS 6, 9, 10 AND 17 FOR MORE INFORMATION.

Introduction

Made Ya Skinny, LLC, a Texas limited liability company doing business as BioWave Regeneration (collectively, "BioWave Regeneration," "BioWave," "we," "us," or "our"), owns and operates the website located at www.biowaveregeneration.com (the "Website"), the clinics located at 506 Honea Egypt Rd, Suite 106, Magnolia, TX 77354 and 13100 Wortham Center Dr, 3rd Floor, Houston, TX 77065, and the other services provided by BioWave Regeneration, together herein 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 and any other policies and procedures posted on our Website, as well as all applicable laws and regulations. In using certain parts of the Services, you may be presented with additional or supplementary terms regarding the use of those specific Services, including a Consent to Treatment and a written financial agreement, 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.

1. Services Overview, Availability, and Eligibility

Overview of the Services. The Services may include (a) providing individuals with information on health care and wellness; (b) in-office, non-invasive therapies, including focused shockwave therapy, red laser therapy and transcutaneous pulsed radiofrequency (tPRF) nerve therapy, provided under the supervision of a licensed physician; (c) development and gathering of health care records and health care information with retention of the same for use in provider appointments and communications; (d) administrative support in connection with scheduling and payment for provider services; and (e) telecommunications support, including text messages, email, web chat and telephone, for scheduling, reminders, follow-up and communication with our team.

Availability. Treatment is provided in person at our Texas offices only. BioWave Regeneration is based in the United States and provides 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.

NEITHER BIOWAVE REGENERATION NOR ITS AFFILIATED PHYSICIANS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE SERVICES. THE SERVICES MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF BIOWAVE REGENERATION AND/OR ITS AFFILIATED PHYSICIANS. WE WILL ENDEAVOR TO PROVIDE YOU WITH REASONABLE NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

Eligibility. Our Services are intended for use by you only if you are 18 years of age or over. 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: (a) you are age 18 or over; (b) you are located in a state where we operate (depending on the type of Services); (c) you agree to be legally bound by and comply with these Terms of Use; and (d) you understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, BioWave Regeneration and its affiliated physicians 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 online portions of 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.

No Medical Advice. THE INFORMATION CONTAINED ON THE WEBSITE IS NOT MEDICAL ADVICE. WITHOUT LIMITING ANY OTHER TERMS IN THESE TERMS: (a) YOU ACKNOWLEDGE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE DOES NOT CREATE A MEDICAL PROFESSIONAL OR PATIENT RELATIONSHIP BETWEEN BIOWAVE REGENERATION AND YOU, AND SUCH INFORMATION DOES NOT CONSTITUTE ANY PROFESSIONAL OPINION, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT BY BIOWAVE REGENERATION. NONE OF THE INFORMATION PROVIDED THROUGH THE WEBSITE IS INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, ANY PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. (b) BIOWAVE REGENERATION DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR OTHER COMMITMENTS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH ANY INFORMATION ON THE WEBSITE (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL/PROVIDER QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK) OR ANY PARTICULAR RESULTS FROM USE OR ACCESS TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, BIOWAVE REGENERATION SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ARISING FROM ANY USE OF THE WEBSITE. (c) NOTHING IN THESE TERMS SHOULD BE CONSTRUED TO ALTER OR OTHERWISE AFFECT THE LEGAL, ETHICAL OR PROFESSIONAL RELATIONSHIPS BETWEEN AND AMONG YOU AND PROVIDERS, NOR DOES ANYTHING IN THESE TERMS ABROGATE ANY RIGHT, PRIVILEGE OR OBLIGATION ARISING FROM OR RELATED TO THE PHYSICIAN-PATIENT RELATIONSHIP. (d) BIOWAVE REGENERATION IS NOT A REFERRAL SERVICE AND DOES NOT REFER, RECOMMEND OR ENDORSE ANY PARTICULAR OUTSIDE PROVIDER, TEST, PROCEDURE, OPINION, OR OTHER INFORMATION THAT MAY APPEAR VIA THE WEBSITE. IF YOU RELY ON ANY INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY INFORMATION RELEVANT TO YOU WITH OTHER SOURCES.

2. In-Person Services, Communications, and Health Information

In-Person Services. BioWave Regeneration provides its therapies in person at its offices. Before treatment you will be asked to review and sign a Consent to Treatment and, before any treatment plan is charged, a written financial agreement. Those documents control over these Terms of Use where they conflict. BioWave Regeneration does not prescribe, dispense or sell medications and does not provide telemedicine consultations for prescriptions.

Electronic Communications. By accepting these Terms of Use, you agree and consent to BioWave Regeneration, its affiliated physicians, and any other health care provider(s) with whom we partner to provide the Services to you sending you disclosures, notices, messages, reports, appointment reminders, payment requests and other communications either in writing or electronically, including by text message, email, and web chat. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any affiliated physician 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. 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.

Your Relationship with BioWave Regeneration. The health and wellness resources made available through our Website are for informational purposes only, are not a substitute for direct in-person health care services, and are not an indicator of specific results. A provider-patient relationship with BioWave Regeneration and its affiliated physicians begins only when you are examined in one of our offices. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. Except for specific communications received from an affiliated physician or provider, none of the information you receive through the Website should be considered medical advice.

No Insurance Accepted; Notice of Your Financial Responsibility. BioWave Regeneration and its affiliated physicians 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 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. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, BioWave Regeneration, nor its affiliated physicians will submit a claim for reimbursement to any federal or state health care program for the costs of the services and products provided to you. Please also see Section 14 below for additional terms applicable to your payment obligations.

Health Information. In using certain components of the Services, you may provide medical information that is protected under applicable law. BioWave Regeneration handles your health information in accordance with applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") to the extent it applies to us, and in accordance with the Notice of Privacy Practices provided to you at your first visit. Any medical or health information that you provide that is subject to specific protections under applicable law ("Protected Information") will be used and disclosed only in accordance with such laws. Information that does not constitute Protected Information under applicable law may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

3. Booking and Account Information

Although certain parts of the Services are accessible without providing information, you must provide accurate contact and payment information to book an appointment. 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 BioWave Regeneration. If you do not maintain such information or BioWave Regeneration has reasonable grounds to suspect as much, BioWave Regeneration has the right to cancel appointments and to suspend or terminate your use of the Services. If any online account or booking link is issued to you, you agree to keep it confidential, you are responsible for all activities that occur under it, and you agree to immediately notify BioWave Regeneration of any unauthorized use by emailing dj@biowaveregeneration.com. BioWave Regeneration may take any and all actions it deems necessary or reasonable to maintain the security of the Services and explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

4. Privacy

BioWave Regeneration understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available at biowaveregeneration.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.

5. Ownership and License to Use the Services

Ownership. As between BioWave Regeneration and you, BioWave Regeneration 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 BioWave Regeneration 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 BioWave Regeneration 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 BioWave Regeneration, Made Ya Skinny, LLC, their affiliates or their respective licensors. You are not authorized to use any such Marks without the express written permission of BioWave Regeneration. Ownership of all such Marks and the goodwill associated therewith remains with the applicable owner.

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 BioWave Regeneration or its licensors.

6. User Content and BioWave Regeneration'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, text, chat or otherwise, including, but not limited to, data, questions, comments, reviews, or suggestions/feedback, will be treated as non-confidential and non-proprietary and will become the property of BioWave Regeneration and/or its affiliated physicians ("User Content"). Except as provided in our Privacy Policy or subject to any applicable laws, User Content may be used by BioWave Regeneration for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting, without any compensation owed to you. You hereby grant BioWave Regeneration, our service providers, our successors and assigns, and our affiliated physicians the fully transferable and sublicensable 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 BioWave Regeneration using such data. Protected Information is never used in marketing without your separate written authorization. You understand that any User Content you publish in public forums, including public review sites, will be viewable and copyable by the public at large.

WITHOUT LIMITATION OF THE FOREGOING, BIOWAVE REGENERATION DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE USER CONTENT CONTAINED THEREIN.

You acknowledge, consent, and agree that we may, but do not commit to, 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: (a) to comply with legal process; (b) to enforce these Terms of Use, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) to respond to claims that any content violates the rights of third parties; (d) to respond to your requests for customer service; and (e) to protect the rights, property, or personal safety of BioWave Regeneration, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.

7. Restrictions on Use

You agree that in using or accessing the Services, you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or violate any local, state, national or international law (including export laws); (b) reverse engineer, disassemble, decompile, or translate any software or other components of the Services, or 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; (c) 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; (d) 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, Services 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 BioWave Regeneration's detriment or commercial disadvantage; damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Services 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 at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third party's intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, affiliated physicians, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; (iv) is harmful to children in any manner; or (v) attempts to obtain the personal information of other users; harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider or staff member, as we determine in our sole discretion; (e) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network; (f) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by BioWave Regeneration or any of our service providers to protect the Services; (g) 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 Services Content or User Content; (h) use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose, or transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (i) 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 BioWave Regeneration or third-party content from the Services; (j) otherwise use the Services in any manner that exceeds the scope of use granted herein; or (k) encourage or enable any other individual to do any of the foregoing.

8. Third-Party Terms

Third-Party Services and Linked Websites. BioWave Regeneration may use third-party tools, such as scheduling, payment, financing, messaging and review platforms, to provide the Services. By using those tools you authorize BioWave Regeneration to transfer the information needed to use them to the applicable third party. Third-party services are not under BioWave Regeneration's control, and, to the fullest extent permitted by law, BioWave Regeneration is not responsible for any third-party service's use of your information. The Services may also contain links to third-party websites. Linked websites are not under BioWave Regeneration's control and BioWave Regeneration is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, BioWave Regeneration will have no control over the information that has been shared.

Third-Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Services are provided to you subject to these Terms of Use, nothing in these Terms of Use prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

9. Representations and Warranties

By providing User Content via the Services, you affirm, represent, and warrant to us that: (a) you have the written consent of each and every identifiable natural person referred to or mentioned in the User Content, if any, to use such person's name, voice, and likeness in the manner contemplated by the Services and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use; (b) you have obtained, and are solely responsible for obtaining, all consents required by applicable law to post User Content relating to third parties; (c) your User Content and our use thereof as contemplated by these Terms of Use and the Services will not violate any applicable law or infringe any rights of any third party, including, but not limited to, any intellectual property rights and privacy rights; (d) your User Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of User Content in connection with the Services is not violative of any confidentiality rights of any third party; (e) we may exercise the rights to your User Content granted to us under these Terms of Use without liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise; and (f) to the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.

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. BIOWAVE REGENERATION AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION MADE YA SKINNY, LLC AND ALL AFFILIATED INDEPENDENT PHYSICIANS, 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 BIOWAVE REGENERATION 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, BIOWAVE REGENERATION 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 BIOWAVE REGENERATION DISCLAIMS ANY LIABILITY RELATING THERETO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR BIOWAVE REGENERATION OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. 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, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE 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.

WITHOUT LIMITING ANY OTHER TERMS SET FORTH IN THESE TERMS, (A) BIOWAVE REGENERATION IS NOT A HEALTH INSURANCE COMPANY AND DOES NOT PROVIDE YOU WITH HEALTH INSURANCE BENEFITS, AND (B) BIOWAVE REGENERATION HAS NO RESPONSIBILITY TO COORDINATE WITH YOUR EMPLOYER OR ANY THIRD PARTY IN CONNECTION WITH ANY OTHER BENEFITS OR PLANS YOU MAY HAVE THAT PERTAIN TO HEALTHCARE.

11. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL BIOWAVE REGENERATION, ITS RELATED PERSONS, AFFILIATED PHYSICIANS 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 PHONE 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 BIOWAVE REGENERATION OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN NO EVENT SHALL BIOWAVE REGENERATION'S, ITS RELATED PERSONS', AFFILIATED PHYSICIANS' OR LICENSORS' 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 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. If you are a New Jersey resident, or a resident of another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless BioWave Regeneration, Made Ya Skinny, LLC, their affiliates, affiliated physicians, subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless 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, (a) your use of the Services, or your use of the materials or features available on the Services, in an unauthorized manner, (b) your fraud, violation of law or third party right, negligence, or willful misconduct, or (c) any breach by you of these Terms of Use.

13. Changes to the Terms of Use and the Services

The Services are continually under development and BioWave Regeneration reserves the right to revise 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 Website, 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: (a) all or any part of the Services may not be accessible at any time, for any period, or for any reason; and (b) BioWave Regeneration will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. BioWave Regeneration 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 BioWave Regeneration shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

14. Exam Fee, Treatment Plans, and Payment

Exam Fee. Every new patient's first visit is a $49 exam. The $49 is collected when you book, to hold your appointment, and covers the exam and the first treatment. If you cancel or reschedule at least 48 hours before your appointment, the $49 is refundable. If the exam fee has not been paid by 3:00 pm on the day after you book, your appointment time is released.

Treatment Plans. Treatment after the exam is priced for your case by your provider and is presented to you in a written financial agreement before anything is charged. The financial agreement states what is included, the total price, the payment schedule, and the refund and cancellation terms for that plan, and it controls over these Terms of Use where they differ. Third-party financing, if offered, is subject to the financing company's own approval and terms.

Payment Authorization. You agree to pay all fees due for services requested 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, except as stated in a signed financial agreement. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have ("Payment Method"). By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors ("Payment Processors") to charge the amount due.

You represent and warrant that: (a) the account, booking, and Payment Method information you supply to us and/or to Payment Processors, as applicable, is true, accurate, correct, and complete; (b) you are duly authorized to use the Payment Method(s); (c) you will pay any and all charges incurred by users of your Payment Method in connection with the Services, including any applicable fees (at the prices in effect when such charges are incurred) and taxes; (d) charges incurred by you will be honored by your Payment Method company; and (e) you will report to us any unauthorized or prohibited use of your Payment Method in connection with the Services. WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR: (X) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD, (Y) ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN CONNECTION WITH THE COLLECTION OF FEES, AND/OR (Z) ANY UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD BY A THIRD PARTY.

You understand and agree that you are responsible for all fees due to receive health care services, including any fees charged by the affiliated physician(s) or provider(s) that provide services to you in connection with the Services. In the event that your credit card expires or BioWave Regeneration, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative Payment Method. BioWave Regeneration and/or its affiliated physicians have no obligation to provide any health care services 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.

EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 14, IN YOUR WRITTEN FINANCIAL AGREEMENT, OR IN ANY REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF 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.

15. Terms of Sale

All products and services offered by BioWave Regeneration are subject to availability. We reserve the right to limit quantities, modify orders, or reject all or part of an order without prior notice. If an error occurs in pricing or product details, we reserve the right to correct it and revise your order accordingly or cancel the order and issue a refund. Prices for products and services may change at any time, except as stated in a signed financial agreement. You are responsible for any applicable taxes, duties, or fees associated with your purchase.

Only valid payment methods accepted by BioWave Regeneration may be used for purchases. If your payment method is declined, we may attempt to process the charge again or request an alternative method. We may partner with third-party payment processors to handle transactions, and your payment information may be shared with these providers for transaction processing. We are not responsible for fees imposed by your bank or payment provider. If your payment card issuer updates your payment information (such as an expiration date or new card number), you authorize us to update your stored payment details accordingly. If you wish to opt out of automatic updates from your payment provider, you should contact your card issuer directly.

If we sell you a physical product, such as a home-use device or kit, the risk of loss or damage passes to you when you take possession of it in the office or, if it is shipped, upon delivery to the designated shipping carrier. Estimated delivery times are provided as a reference only and are not guaranteed. We may resolve customer concerns on a case-by-case basis at our sole discretion and reserve the right to modify refund policies, offer alternative solutions, or address issues uniquely based on the specifics of each situation.

16. Termination

The Terms of Use will remain in full force and effect as long as you continue to access or use the Services. You may terminate the 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. BioWave Regeneration 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, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, BioWave Regeneration reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, BioWave Regeneration will have no further obligation to provide the Services, except to the extent an affiliated physician 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 to you. 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, and further agree that if you violate this restriction after such termination, you will indemnify and hold BioWave Regeneration harmless from any and all liability that BioWave Regeneration may incur therefor.

17. Governing Law; Dispute Resolution; Arbitration; Venue; Severability

IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BIOWAVE REGENERATION TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BIOWAVE REGENERATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND BIOWAVE REGENERATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Governing Law. These Terms of Use and your use of the Services shall be governed by the laws of the State of Texas, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this Section 17, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Montgomery County, Texas (Conroe, Texas), and you consent to the jurisdiction of those courts.

Binding Arbitration, Generally. Except as described in the "Exceptions" section below, you and BioWave Regeneration agree that every dispute arising in connection with these Terms of Use, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory, regardless of whether a claim arises after the termination of these Terms of Use, and regardless of whether a claim arises before or after the effective date of these Terms of Use. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) file suit in a court of law to address an intellectual property infringement claim; or (c) seek injunctive relief in a court of law in a state or federal court in Montgomery County, Texas.

Opting Out of Arbitration Agreement. If you are a new user, you can reject and opt out of this arbitration provision within thirty (30) days of accepting these Terms of Use by emailing us at dj@biowaveregeneration.com with your full, legal name and stating your intent to opt out of this arbitration provision. Opting out of this arbitration provision does not affect the binding nature of any other part of these Terms of Use, including the provisions regarding controlling law or the courts in which any disputes must be brought.

Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting BioWave Regeneration.

Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). BioWave Regeneration's address for Notice is: Made Ya Skinny, LLC d/b/a BioWave Regeneration, 506 Honea Egypt Rd, Suite 106, Magnolia, TX 77354, Attention: Owner. A copy of all Notices of Arbitration must also be sent to BioWave Regeneration via email to dj@biowaveregeneration.com. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or BioWave Regeneration may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms of Use, BioWave Regeneration will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if BioWave Regeneration has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and BioWave Regeneration may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or BioWave Regeneration must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief. Except as provided in the "No Class Actions" section below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator's award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions. YOU AND BIOWAVE REGENERATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BioWave Regeneration agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR BIOWAVE REGENERATION WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS OF USE, THEN YOU OR BIOWAVE REGENERATION MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.

Severability. All parts of these Terms of Use apply to the maximum extent permitted by law. BioWave Regeneration and you both agree that if we cannot enforce a part of this contract 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. Communications by Text Message and Email

By opting in to receive text (SMS) messages from BioWave Regeneration or by sending BioWave Regeneration an initial text message (an "SMS Enrollment"), you consent to receiving text messages regarding your appointments and use of the Services. These text messages may include appointment confirmations and reminders, payment links and receipts, messages from your health care provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted in to receive such messages from BioWave Regeneration. Your opt-in includes your express waiver of any and all restrictions imposed by any federal or state law regarding the character limit, frequency and number of messages, time of day messages are received, and any other restriction imposed by any political subdivision other than the federal or state government.

With your SMS Enrollment, you represent and understand that: (a) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (b) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from BioWave Regeneration, (c) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from BioWave Regeneration, or from you to BioWave Regeneration, and (d) neither BioWave Regeneration, nor your or BioWave Regeneration's mobile carriers, will be liable for delayed or undelivered messages.

Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from BioWave Regeneration, and you can opt out of any of BioWave Regeneration's SMS services at any time by texting "STOP" to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message "STOP" to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted in to receive more than one type of text message from BioWave Regeneration, you will need to opt out of each BioWave Regeneration SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from BioWave Regeneration that you have opted in to receive but have not unsubscribed from.

You also understand that while BioWave Regeneration 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 BioWave Regeneration are not encrypted, which means that it is possible they may be intercepted by third parties. 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. By initiating an SMS Enrollment, you consent to sending text messages to BioWave Regeneration, and receiving text messages from BioWave Regeneration, that are not encrypted. Likewise, by emailing BioWave Regeneration or giving BioWave Regeneration your email, you consent to receiving unencrypted email messages from BioWave Regeneration. If you are experiencing any issues with BioWave Regeneration's text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at dj@biowaveregeneration.com. If you have questions specific to your text or data plan, please contact your wireless provider.

19. Miscellaneous Terms

No waiver. No waiver by BioWave Regeneration 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 BioWave Regeneration 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. BioWave Regeneration 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 BioWave Regeneration is transferred to another entity by way of merger, sale of its assets, or otherwise.

Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This is the entire agreement between you and BioWave Regeneration 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 BioWave Regeneration, including your Consent to Treatment and any written financial agreement.

20. Contact Us

If you have any questions about these Terms of Use, please contact us at dj@biowaveregeneration.com, call or text (220) 246-9283, or write to BioWave Regeneration, 506 Honea Egypt Rd, Suite 106, Magnolia, TX 77354.