User’s Acknowledgment and Acceptance of Terms

Last Updated: November 2025

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Sculptd Minnesota, LLC d/b/a EVOLVD, including its business lines EvolvdRx and Evolvd Aesthetics (“EVOLVD,” “we,” “our,” or “us”).

Business Address: 6906 153rd St W, Apple Valley, MN 55123
Contact Email: [email protected]
Phone: (952) 234-3239

By accessing or using any EVOLVD websites, landing pages, digital forms, communications, portals, scheduling tools, or purchasing any wellness and aesthetic services (collectively, the “Services”), you agree to be bound by these Terms.

Clinical services offered to EVOLVD clients—such as medical evaluation, diagnosis, ordering labs, prescribing, modifying medication, and medical decision-making—are provided solely by licensed medical professionals through an independent affiliated medical group (the “Medical Group”). EVOLVD is not a medical clinic and does not practice medicine. EVOLVD provides administrative, wellness, aesthetic, and non-clinical support services, and may perform certain delegated tasks under clinician oversight where permitted by law.

If you do not agree to these Terms, do not use the Services.

0. Definitions (For Clarity)

“Medical Group” means the independent provider organization and/or licensed clinicians that provide clinical services.

“Provider” means a licensed clinician affiliated with the Medical Group.

“Clinical Services” means telehealth visits, medical decision-making, diagnosis, prescribing, and lab interpretation.

“Non-Medical Services” means aesthetic and wellness services provided by EVOLVD that are not the practice of medicine.

“Third-Party Partners” include pharmacies, labs, payment processors, telehealth technology platforms, and software systems.

“Products” may include topical products, wellness products, and (when prescribed) medications fulfilled by third-party pharmacies.

1. No Medical Emergencies

EVOLVD does not provide emergency medical care. The Platform and Services are not for emergencies or urgent situations.

If you are experiencing a medical emergency, call 911 or go to the nearest emergency facility immediately.

2. Nature of Services

2.1 Non-Medical Aesthetic & Wellness Services

These may include facials, peels, dermaplaning, red light therapy, microneedling (when offered as non-medical aesthetic service), and other cosmetic or wellness treatments.

These services are not medical treatment and are not intended to diagnose, treat, or cure any medical condition.

Results vary by individual and are not guaranteed.

You are responsible for disclosing relevant medical history, allergies, sensitivities, and contraindications.

2.2 Medically Guided Services (Clinical Services via Medical Group)

Medical weight management, hormone optimization, peptide therapy, TRT (when applicable), and any other clinician-guided services are provided exclusively by Providers through the Medical Group. Providers may:

Conduct telehealth visits

Determine medical eligibility

Order labs and review results

Prescribe medications

Modify, pause, or discontinue treatment as clinically appropriate

EVOLVD does not control or influence medical decision-making. Providers exercise independent clinical judgment.

3. Eligibility

To use the Services, you must:

Be at least 18 years old

Be able to form a legally binding contract

Provide accurate and truthful information

Agree to required consents (telehealth, treatment, privacy practices, communication)

For telehealth encounters: be physically located in the state(s) where the Medical Group/Providers are authorized to treat you at the time of the encounter

The Medical Group may deny or discontinue care at its discretion based on medical appropriateness, safety, compliance requirements, incomplete information, or inability to confirm eligibility.

4. Telehealth & Medical Oversight

Telehealth consultations are conducted by independent licensed Providers.

By using telehealth services, you acknowledge and agree that:

Providers exercise independent clinical judgment

A provider–patient relationship is established only when a Provider accepts you for care through the Medical Group (as permitted by law)

EVOLVD has no control over clinical determinations

Failure to complete required documentation, vitals (if requested), or lab work may delay or prevent treatment

Telehealth has limitations and may not be appropriate for all conditions; Providers may require in-person evaluation

You may be asked to verify your identity and physical location.

5. Your Responsibilities; Accurate Information; Safety Disclosures

You agree to provide complete, current, and accurate information, including:

Medical history, allergies, medications, supplements

Prior adverse reactions or side effects

Current symptoms and any “red flag” symptoms

Relevant diagnoses and family history when asked

You agree to promptly update EVOLVD and/or the Medical Group if your health status changes, including pregnancy status, new medications, hospitalizations, or new diagnoses.

You understand that inaccurate or incomplete information can create safety risks and may result in denial of services, discontinuation of treatment, or referral to in-person care.

6. Laboratory Services

We may coordinate laboratory services through third-party partners. You are responsible for:

Scheduling and completing lab work on time

Following pre-test instructions

Any costs associated with repeating labs due to delays, errors, inadequate specimens, or expiration

Lab results are reviewed by Providers. EVOLVD may assist with coordination but does not interpret labs as medical advice.

7. Prescription Medications & Pharmacy Fulfillment

All prescriptions are:

Issued solely by licensed clinicians through the Medical Group

Filled/fulfilled by third-party pharmacies (including, when applicable, 503A/503B facilities)

Subject to pharmacy verification, inventory availability, compounding standards, shipping restrictions, and beyond-use dating (BUD) requirements

Non-Refundable: Once a prescription has been transmitted to and processed by a pharmacy, it is generally non-returnable and non-refundable.

Shipping delays, carrier issues, weather, holiday delays, supply constraints, and regulatory limitations may impact delivery timelines. EVOLVD may assist with communication; however, the pharmacy controls processing and fulfillment.

You agree to:

Follow dosing instructions exactly

Read pharmacy-provided labeling and inserts

Store medications properly

Report adverse effects or concerns promptly to the Provider

Seek emergency care if severe symptoms occur

8. Non-Invasive Body Contouring and Device-Based Services

You must complete all required consent and waiver forms before treatment.

Contraindications may include (not exhaustive):

Pregnancy or nursing

Pacemakers/implanted electronic devices

Metal implants in the treatment area

Active infections, open wounds, or skin irritation in the treatment area

Certain medical conditions as determined by EVOLVD or a Provider

EVOLVD may decline or stop treatment at its discretion for safety, contraindications, non-compliance, or other reasonable concerns.

All sales are final except in rare, exceptional cases in which no sessions have been used and EVOLVD approves a refund in writing.

Before-and-after photography is optional and used only with explicit written consent.

9. Payment Terms; No Insurance

All services are self-pay. EVOLVD does not accept insurance and does not submit insurance claims.

You agree to:

Pay all fees at the time of purchase or as billed under a membership/subscription

Maintain accurate payment information

Pay applicable taxes or fees where required

Understand that many services are non-refundable once performed or initiated

Strictly non-refundable (unless required by law or expressly approved in writing):

Lab tests and lab fees

Virtual consultations / Provider reviews

Prescriptions once transmitted and/or processed

Any service already performed

Shipping fees (if applicable)

Chargebacks / Payment Disputes:
You agree to contact us first at [email protected] to resolve billing concerns. Improper chargebacks may result in suspension of services, cancellation of subscriptions, and/or collections, where permitted by law.

10. Subscriptions and Recurring Billing

Some programs operate as memberships or monthly subscriptions. By enrolling, you authorize automatic recurring billing to your saved payment method.

Cancellation Requirements

Must be submitted at least 5 days before the renewal date

Must be submitted via email and/or through your client portal (as applicable)

Charges already processed are not refundable

Once a prescription tied to a membership has been authorized and transmitted to the pharmacy, it is non-refundable, even if a cancellation request is submitted afterward.

Exceptions may be granted only when:

A prescription was sent in error and not yet processed

Duplicate charges occurred

Another limited exception is approved in writing by EVOLVD

All requests must be emailed to: [email protected]

11. Communication Consent (SMS/Email)

By using EVOLVD services, you consent to receive communications, including:

Appointment reminders

Account notifications

Program updates

Required administrative and service communications

Billing and shipping notifications where applicable

You may opt out of marketing messages at any time. Message/data rates may apply. Message frequency varies.

12. Prohibited Use / Acceptable Use

You agree not to:

Use the Services for unlawful purposes

Submit false information, impersonate others, or attempt to obtain prescriptions for another person

Interfere with or disrupt the Platform (including scraping, automated attacks, or misuse of forms)

Harass staff, Providers, or other users

Attempt to access data not intended for you

We may suspend or terminate access for misuse.

13. Privacy; HIPAA; Records

EVOLVD takes privacy seriously. Information you provide may be handled under:

EVOLVD’s Privacy Policy (for non-clinical interactions), and/or

The Medical Group’s Notice of Privacy Practices (for clinical services), where applicable

You understand:

Clinical records created by Providers are part of the medical record maintained by the Medical Group and/or its systems

EVOLVD may receive limited information necessary for coordination, operations, and support

You have rights to request copies of records as permitted by law (process may vary depending on record holder)

14. No Insurance Claims / No Government Payers

You agree not to submit EVOLVD invoices as claims to insurance, Medicare, Medicaid, or other third-party payers unless explicitly instructed in writing by the responsible entity and permitted by law.

15. Service Modifications

We may update, modify, pause, or discontinue services, pricing, product availability, workflows, or provider availability at any time.

When feasible, we will attempt to provide notice of material changes; however, we are not required to provide advance notice in all cases.

16. No Medical Guarantees; Results Vary

All services are provided “as is.” We do not guarantee:

Specific cosmetic outcomes

Medication effectiveness

Weight loss results

Treatment success

Eligibility, approvals, or continued access to clinical services

Providers may modify or discontinue treatment at any time based on safety and medical judgment.

17. Disclaimer of Warranties

To the fullest extent permitted by law:

The Platform and Services are provided “AS IS” and “AS AVAILABLE.”

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant uninterrupted or error-free operation, or that defects will be corrected.

18. Limitation of Liability

To the fullest extent permitted by law:

EVOLVD is not liable for indirect, incidental, special, consequential, or punitive damages.

EVOLVD’s total aggregate liability is limited to the amount paid by you to EVOLVD in the 12 months preceding the event giving rise to the claim.

The Medical Group and Providers are solely responsible for clinical care, clinical judgment, and medical outcomes.

Some states do not allow certain limitations; in those states, limitations apply to the maximum extent permitted.

19. Arbitration Agreement; Class Action Waiver

PLEASE READ CAREFULLY. This section affects your legal rights.

You and EVOLVD agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration in Minnesota under the rules of the American Arbitration Association (AAA), rather than in court, except that either party may bring an individual claim in small claims court if eligible.

You waive:

The right to a jury trial

The right to participate in a class action or representative proceeding

Arbitration will be conducted on an individual basis only.

Opt-Out

You may opt out of arbitration within 30 days of accepting these Terms by sending an email to [email protected] with:

Your full name

The phone number/email used with EVOLVD

A statement that you are opting out of the arbitration agreement

Opting out does not affect the rest of these Terms.

20. Force Majeure

We are not responsible for delays or failure to perform due to events beyond our reasonable control, including natural disasters, supply chain disruptions, pandemics, labor disputes, carrier delays, regulatory actions, system outages, or third-party partner failures.

21. Indemnification

You agree to indemnify and hold harmless EVOLVD, its owners, employees, contractors, affiliates, Providers, and partners from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

Your misuse of the Services

Your violation of these Terms

Your submission of inaccurate, unlawful, or infringing information

Your failure to follow Provider instructions or product directions

22. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

23. Entire Agreement

These Terms, together with any referenced policies (Privacy Policy, consents, notices) constitute the entire agreement between you and EVOLVD regarding the Services and supersede prior agreements.

24. Updates to Terms

We may update these Terms at any time. Continued use of the Services after an update constitutes acceptance of the updated Terms.

25. SMS Program Terms

We send appointment information (confirmation & reminders) to customers who have booked appointments and opted in to receive messages.

You can cancel SMS at any time by texting “STOP.” We will confirm your unsubscribe status. To rejoin, sign up again.

For help, reply “HELP” or contact [email protected] or (952) 234-3239.

Carriers are not liable for delayed or undelivered messages. Message and data rates may apply. Message frequency varies.

For privacy inquiries, refer to our Privacy Policy.

26. Contact Information

EVOLVD (Sculptd Minnesota, LLC d/b/a EVOLVD / EvolvdRx / Evolvd Aesthetics)
6906 153rd St W, Apple Valley, MN 55124
(952) 234-3239
[email protected]