Terms of Service

1) Acceptance of Terms

By accessing the Website, creating an account, booking, purchasing, or otherwise interacting with our services (collectively, the “Service”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Service.

2) Eligibility & Use

You represent that you are at least 18 (Florida age of majority) or a parent/guardian consenting for a minor patient where legally permitted. You will comply with all applicable laws and these Terms. You must not introduce malware, attempt to access systems without authorization, or interfere with the Service.

3) Informational Content Only (Not Medical Advice)

Content on the Website is for general informational purposes and is not a substitute for professional medical advice, diagnosis, or treatment. Always consult your clinician. Do not use our Service for emergencies—call 911.

4) Medical Services & Clinical Relationship

Clinical services are delivered only by licensed professionals within their scope of practice and applicable law. A patient-provider relationship forms when a clinician accepts you as a patient and provides care, not by visiting the Website. Care plans, eligibility, dosing, and availability are determined by the clinician.

4A) Independent Practitioners

Some services at Fusion Wellness may be provided by independent contractors or affiliated practitioners who operate under their own licenses. Fusion Wellness is not responsible for the acts, omissions, or malpractice of independent providers.

4B) Health & Fitness Participation

Certain services offered by Fusion Wellness may involve physical exertion, environmental exposure (such as cryotherapy or hyperbaric oxygen therapy), or other wellness modalities that carry inherent risks. By participating, you acknowledge that you are voluntarily engaging in these activities and assume full responsibility for any injury or adverse effect. Always consult your healthcare provider before starting any new therapy, exercise, or treatment.

4C) Telehealth Services

If you receive telehealth or virtual consultations, you agree that such services are provided in accordance with applicable telemedicine laws and that any prescriptions or care recommendations are at the sole discretion of the licensed clinician. Fusion Wellness may use third-party telehealth platforms to facilitate these visits.

5) Prices, Changes & Availability

We may change services, features, prices, or availability at any time. We may modify or discontinue the Service or any part of it without liability.

6) Products & Services; Returns

Descriptions, images, and availability may change and may differ from online depictions (e.g., colors, packaging). Quantity limits may apply. If you offer returns/exchanges, they are governed by our Return/Refund Policy.

7) Third-Party Providers & Tools

We may use third-party platforms for booking, payments (e.g., Clover), communications (email/SMS), hosting, analytics, and marketing. Use of such tools is “as is” and subject to the provider’s terms and policies. We are not responsible for third-party websites, tools, or content.

8) Account, Billing & Payment

Provide accurate, current account and billing information and promptly update it. We may refuse or cancel orders/appointments (e.g., suspected fraud, resellers, policy violations). We may attempt to notify you using your contact details on file.

8A) Memberships & Recurring Payments

If you enroll in a recurring membership or subscription, you authorize recurring charges to your payment method. You may cancel future renewals at any time before your next billing cycle. Refunds are not provided for partially used billing periods.

9) User Content; Feedback

If you submit reviews, comments, testimonials, photos, videos, or ideas (“User Content”), you grant Fusion Wellness a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content to operate, market, and improve the Service, subject to our Privacy Policy. You must not submit unlawful, infringing, or harmful content.

10) Intellectual Property

The Website and its content (text, graphics, logos, images, software, and compilations) are owned by Fusion Wellness or our licensors and protected by law. You may not copy, distribute, modify, reverse engineer, or create derivative works except as expressly allowed by these Terms or applicable law.

11) Accuracy & Updates

Materials on the Website may include errors or omissions and may not be current. We may update content at any time with no obligation to do so. Your use/reliance is at your own risk.

12) Prohibited Uses

You agree not to: (a) break the law; (b) infringe intellectual property or privacy rights; (c) harass, defame, or discriminate; (d) submit false/misleading info; (e) transmit malware; (f) scrape/crawl without permission; (g) bypass security controls; (h) collect others’ data without consent; (i) use the Service for obscene/immoral purposes.

13) Disclaimer of Warranties

THE SERVICE (INCLUDING WEBSITE CONTENT, PRODUCTS, AND ANY FEATURES) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant the Service will be uninterrupted, timely, secure, or error-free.

13A) No Guarantee of Results

Individual results vary. Fusion Wellness does not guarantee specific outcomes or performance improvements from any therapy, supplement, or wellness program.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, FUSION WELLNESS AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS/REVENUE/GOODWILL/DATA, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. IN ALL EVENTS, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE TRANSACTION MOST CLOSELY ASSOCIATED WITH YOUR CLAIM (OR $100, IF NO TRANSACTION OCCURRED).

15) Indemnification

You agree to defend, indemnify, and hold harmless Fusion Wellness and its representatives from claims, damages, liabilities, costs, and fees (including reasonable attorneys’ fees) arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

16) Termination

We may suspend or terminate your access at any time for any reason (e.g., policy violation, suspected fraud). Your obligations accrued before termination survive (including payment, IP, warranty disclaimer, limitations, and indemnity).

17) Governing Law; Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Exclusive venue and jurisdiction lie in the state and federal courts located in Broward County, Florida, and you consent to personal jurisdiction there.

18) Changes to Terms

We may update these Terms at any time. Changes are effective upon posting to the Website with a new effective date. Your continued use after changes constitutes acceptance.

19) SMS Terms

By opting in, you agree to receive SMS from Fusion Wellness (e.g., appointment notices, customer support, promotions). Message frequency varies. Message & data rates may apply. Reply STOP to opt out; HELP for assistance. See our Privacy Policy at https://fusionwellnessftl.com/privacy-policy.

20) Privacy

Your use of the Service is subject to our Privacy Policy (Florida) and HIPAA Notice of Privacy Practices (for patient PHI). See: https://fusionwellnessftl.com/privacy-policy

21) Media Release

With your consent, Fusion Wellness may capture and use photos, videos, or testimonials for educational or marketing purposes. Consent may be revoked at any time by contacting us in writing.

22) Severability; Waiver; Entire Agreement

If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. These Terms plus any policies referenced (e.g., Privacy Policy, Return Policy) constitute the entire agreement between you and Fusion Wellness regarding the Service.

23) Contact