Effective Date: July 2, 2024

Welcome to the website operated by OptimalJoy Wellness & Aesthetics (the “Company,” “we,” “us,” or “our”). This Terms of Use Agreement (the “Agreement”) governs your access to and use of our website at optimaljoylife.com (the “Website”) and any services, materials, content, products, communications, or features provided through the Website (collectively, the “Services”).

By accessing or using the Services, you agree to be legally bound by this Agreement. If you do not agree, you must discontinue use of the Website immediately.

1. Acceptance of Agreement

By accessing the Website or using the Services, or by clicking “accept” when prompted, you confirm that:

• You have read and understood this Agreement
• You agree to be legally bound by it
• If acting on behalf of a business entity, you have authority to bind that entity

2. Eligibility Requirements

To use our Services, you must:

• Be at least 18 years old
• Be located in the United States
• Not be using the Services for competitive purposes

3. Changes to This Agreement

OptimalJoy Wellness & Aesthetics reserves the right to modify this Agreement at any time. Changes become effective upon posting to this page. Continued use of the Website following any changes constitutes your acceptance of the updated Agreement.

4. Access to the Services

Modifications or Discontinuation We may modify, suspend, or discontinue the Services at any time without notice.

Account Registration Certain features — including our Patient Portal (powered by Optimantra) — may require account registration. You agree to provide accurate and complete information during registration.

Account Responsibility You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Not sharing login credentials with others
• Notifying us immediately of any unauthorized use of your account

Termination of Account We may suspend or terminate your account at our discretion, including for violation of this Agreement.

5. User Communications & SMS Messaging

OptimalJoy Wellness & Aesthetics may send communications including:

• Appointment confirmations and reminders
• Service and treatment updates
• Patient portal notifications
• Intake form or document requests
• Billing reminders
• Promotional and marketing communications

SMS Opt-Out: Text STOP to cancel at any time. Reply HELP for assistance.

Message & Data Rates Disclosure: Message and data rates may apply. Charges are determined by your mobile carrier and are your responsibility.

Carrier Liability Disclaimer: Mobile carriers are not liable for delayed or undelivered messages. SMS delivery is subject to effective transmission by your mobile carrier and is not guaranteed by OptimalJoy Wellness & Aesthetics.

Phone: (865) 855-5441 (Text ONLY) Email: info@optimaljoylife.com

6. Prohibited Uses

You agree not to:

• Violate any applicable laws or regulations
• Send spam or unsolicited communications
• Impersonate any individual or entity
• Upload or transmit malicious software
• Attempt unauthorized access to our systems or patient data
• Reverse engineer any materials or software on the Website
• Harvest or collect user data from the Website

7. Terms of Sale

Purchasing Process You must provide accurate payment and personal information when booking services or purchasing products. You agree to all applicable fees at the time of purchase.

Payment Payments are processed through third-party payment processors. We do not store full credit card details on our servers. Payment plan options, such as the Cherry Payment Plan, are subject to the terms and conditions of the respective third-party financing provider.

8. Subscriptions & Recurring Services

Where applicable, subscriptions or recurring service plans will automatically renew unless canceled prior to the renewal date.

To cancel, contact us at: Email: info@optimaljoylife.com Phone: (865) 855-5441 (Text ONLY)

9. Intellectual Property

All content on the Website — including text, images, logos, graphics, treatment descriptions, and other materials — is owned by OptimalJoy Wellness & Aesthetics and is protected under applicable U.S. intellectual property laws. Unauthorized use, reproduction, or distribution is strictly prohibited.

10. User Content

By submitting content to our Website (such as reviews, testimonials, or form responses), you grant OptimalJoy Wellness & Aesthetics a non-exclusive, royalty-free license to use that content for service delivery and marketing purposes, subject to our Privacy Policy.

11. Monitoring & Enforcement

We reserve the right to review, remove, or act upon any content submitted through our Website and to suspend or terminate accounts that violate this Agreement.

12. Copyright (DMCA Policy)

To report a copyright infringement claim, please contact:

OptimalJoy Wellness & Aesthetics 921 Foch St, Maryville, TN 37801 Email: info@optimaljoylife.com

13. No Warranty

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14. Limitation of Liability

To the fullest extent permitted by law, OptimalJoy Wellness & Aesthetics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, or service interruptions arising from your use of the Services.

15. Indemnification

You agree to indemnify, defend, and hold harmless OptimalJoy Wellness & Aesthetics, its practitioners, staff, and affiliates from any claims, liabilities, damages, or expenses arising out of your use of the Services or violation of this Agreement.

16. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the State of Tennessee. Any disputes arising under this Agreement shall be resolved in the courts of Blount County, Tennessee, or via arbitration in Maryville, Tennessee, as mutually agreed upon by the parties.

17. Limitation Period

Any claim arising from your use of the Services must be brought within one (1) year of the event giving rise to the claim.

18. Miscellaneous

This Agreement constitutes the entire agreement between you and OptimalJoy Wellness & Aesthetics regarding the use of the Website and Services and supersedes all prior agreements relating to the same subject matter.

19. Export Compliance

You agree to comply with all applicable U.S. export control laws and regulations in connection with your use of the Services.

20. Contact Information

OptimalJoy Wellness & Aesthetics 921 Foch St, Maryville, TN 37801
Phone: (865) 855-5441 (Text ONLY)
Email: info@optimaljoylife.com
Website: optimaljoylife.com

For our Privacy Policy, please visit: https://optimaljoylife.com/privacy-policy/