TERMS OF SERVICE

Governed by the Laws of Canada and the Province of Ontario

Welcome to his_actualbody. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and his_actualbody ("we," "us," "our," or the "Clinic") governing your use of our website located at hisactualbody.com (the "Site") and the wellness services we provide (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

IMPORTANT: If you do not agree to these Terms, you must not access or use our Services. These Terms are governed by the laws of Canada and the Province of Ontario.

1. Acceptance and Modifications of Terms

1.1 Binding Agreement: By creating an account, scheduling an appointment, or using any of our Services, you enter into a legally binding contract with his_actualbody. These Terms apply to all users, clients, and visitors to our Site.

1.2 Right to Modify: We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users or through a prominent notice on our Site at least 30 days before the changes take effect. Your continued use of the Services following such notice constitutes acceptance of the modified Terms. If you do not agree to the modifications, you must discontinue use of the Services.

1.3 Version Control: The version of the Terms in effect at the time you use our Services governs your use. We recommend reviewing these Terms periodically.

2. Eligibility and Age of Majority

2.1 Age Requirement: You must have reached the age of majority in your province of residence to use our Services. In Ontario, the age of majority is 18 years. By using our Services, you represent and warrant that you have reached the age of majority and possess the legal capacity to enter into these Terms.

2.2 Verification: We reserve the right to request government-issued identification to verify your age and identity. Failure to provide requested verification may result in denial or termination of Services.

2.3 Prohibition on Minor Use: Our Services are not intended for, and should not be used by, persons under the age of majority. We do not knowingly collect personal information from minors. If we become aware that a minor has provided information, we will delete such information immediately and may terminate access.

3. Description of Services

his_actualbody operates as a men's wellness clinic in Ontario, providing services including but not limited to:

• Wellness consultations with licensed healthcare practitioners regulated by the College of Physicians and Surgeons of Ontario (CPSO)
• Male performance enhancement therapies and treatments
• Personalized treatment planning and ongoing care
• Follow-up consultations and monitoring
• Educational resources and wellness information
• Online appointment booking and client portal access

3.1 Professional Standards: All medical services are provided by or under the supervision of healthcare practitioners licensed and in good standing with their respective regulatory colleges in Ontario. We comply with all applicable professional standards and practice guidelines.

3.2 Service Availability: Services are subject to availability and may be modified, suspended, or discontinued at any time. Not all treatments may be appropriate or available for all clients. Treatment eligibility is determined by our healthcare practitioners based on medical assessment.

4. Medical Disclaimers and Acknowledgments

CRITICAL MEDICAL INFORMATION - PLEASE READ CAREFULLY:

4.1 Not a Substitute for Medical Advice: Information provided through our Site and Services is for educational purposes only and does not constitute medical advice, diagnosis, or treatment. You acknowledge that:(a) Information on our Site should not replace consultation with a qualified healthcare provider;(b) You should always seek the advice of your physician or other qualified healthcare provider with questions regarding medical conditions;(c) You should never disregard professional medical advice or delay seeking it because of information obtained from our Site or Services;(d) In case of a medical emergency, you should call 911 or proceed to the nearest emergency department immediately.

4.2 Practitioner-Client Relationship: A formal practitioner-client relationship is established only after:(a) You have completed an in-person consultation with one of our licensed healthcare practitioners;(b) The practitioner has conducted a thorough medical assessment and determined you are an appropriate candidate for treatment;(c) You have provided informed consent for the proposed treatment.Mere use of the Site or viewing of information does not create a practitioner-client relationship.

4.3 No Guarantees of Results: You acknowledge and agree that:(a) Individual results from treatments vary significantly based on numerous factors including but not limited to age, health status, lifestyle, adherence to treatment protocols, and individual physiology;(b) We make no representations, warranties, or guarantees regarding the outcomes you may experience;(c) Past results of other clients do not predict or guarantee your results;(d) Testimonials and before/after images represent individual experiences and are not typical results;(e) Treatment effectiveness may vary, and some clients may experience no improvement or benefit.

4.4 Risks and Complications: You acknowledge that all medical treatments carry inherent risks, including but not limited to adverse reactions, complications, and unforeseen side effects. Specific risks will be discussed during your consultation and documented in your informed consent form. You agree to report any adverse reactions or complications immediately.

4.5 Off-Label Use: Some treatments may involve medications or therapies prescribed for uses not specifically approved by Health Canada ("off-label use"). Where applicable, your healthcare practitioner will discuss this with you, including the evidence supporting such use, potential risks, and alternative options.

5. Privacy and Personal Information Protection

5.1 Governing Legislation: We are committed to protecting your privacy in accordance with:(a) The Personal Information Protection and Electronic Documents Act (PIPEDA);(b) The Personal Health Information Protection Act, 2004 (PHIPA) of Ontario;(c) Other applicable federal and provincial privacy legislation;(d) Professional regulatory requirements, including CPSO guidelines.

5.2 Collection, Use, and Disclosure: Our collection, use, and disclosure of your personal information and personal health information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our privacy practices as described in our Privacy Policy.

5.3 Your Privacy Rights: You have specific rights under PIPEDA and PHIPA, including rights to access, correct, and request restriction of your personal health information. These rights are detailed in our Privacy Policy.

6. Consultations, Appointments, and Informed Consent

6.1 Appointment Scheduling: You may schedule appointments through our online booking system, by telephone, or by email. All appointments are subject to availability and confirmation by our clinic. We reserve the right to refuse appointments.

6.2 Informed Consent Requirement: Prior to any treatment, you will be required to provide written informed consent. This process includes:(a) A thorough explanation of the proposed treatment, including its nature, expected benefits, material risks, and side effects;(b) Discussion of reasonable alternative treatments, including the option of no treatment;(c) Opportunity to ask questions and have them answered to your satisfaction;(d) Provision of sufficient time to consider your decision;(e) Confirmation that your consent is voluntary and not coerced.You acknowledge that you will not proceed with treatment until you have provided informed consent.

6.3 Medical History and Disclosure: You agree to:(a) Provide complete, accurate, and truthful information about your medical history, current medications, supplements, allergies, and health conditions;(b) Disclose any changes in your health status or medications;(c) Inform us of any previous treatments for similar conditions;(d) Report any adverse reactions or concerns promptly.Failure to provide accurate medical information may compromise your safety and the effectiveness of treatment, and may result in termination of Services.

6.4 Medical Evaluation and Eligibility: All treatments require assessment by a licensed healthcare practitioner. The practitioner will determine your eligibility based on medical evaluation. We reserve the right to:(a) Decline to provide treatment if deemed medically inappropriate or contraindicated;(b) Require additional medical testing or consultation with specialists before proceeding;(c) Terminate ongoing treatment if medical circumstances warrant.

6.5 Cancellation and No-Show Policy: (a) Cancellations: You must provide at least 24 hours' notice to cancel or reschedule an appointment. Cancellations with less than 24 hours' notice may result in a cancellation fee equal to 50% of the appointment cost.(b) No-Shows: Failure to attend a scheduled appointment without prior notice will result in a no-show fee equal to 100% of the appointment cost.(c) Repeated Violations: Multiple late cancellations or no-shows may result in requirement of prepayment for future appointments or termination of Services.

6.6 Follow-Up Care: You agree to attend all recommended follow-up appointments and comply with post-treatment instructions. Failure to attend follow-up appointments may compromise treatment outcomes and our ability to monitor your health and safety.

7. Payment Terms and Financial Obligations

7.1 Fees for Services: All fees are quoted in Canadian Dollars (CAD) and are subject to applicable taxes including Harmonized Sales Tax (HST) as required by law. Current pricing is available on our Site and at our clinic. We reserve the right to modify pricing at any time, with changes taking effect immediately for new clients and upon notice for existing clients.

7.2 Payment Terms: Unless alternative arrangements have been made in writing:(a) Payment is due in full at the time of service;(b) For treatment packages or plans, payment terms will be specified in your treatment agreement;(c) Initial consultation fees are non-refundable once the consultation has commenced.

7.3 Accepted Payment Methods: We accept credit cards (Visa, Mastercard, American Express), debit cards, e-transfers, and cash. By providing payment information, you represent that you are authorized to use the designated payment method and authorize us to charge all fees to that method.

7.4 Insurance Coverage: Most of our Services are not covered by provincial health insurance plans (OHIP). Private insurance coverage varies by provider and policy. You are responsible for:(a) Verifying your insurance coverage prior to receiving services;(b) Paying for services upfront and seeking reimbursement from your insurer;(c) All costs not covered by your insurance.We do not bill insurance companies directly but can provide documentation to support your insurance claim, including detailed receipts and medical reports.

7.5 Outstanding Balances: (a) Late Payment: Accounts with outstanding balances for more than 30 days may be subject to interest charges at a rate of 2% per month (26.82% annually) or the maximum rate permitted by law, whichever is less.(b) Collection Activities: Unpaid balances may be referred to a collection agency. You agree to pay all reasonable costs of collection, including legal fees.(c) Service Suspension: We reserve the right to suspend Services for accounts with outstanding balances until payment is received in full.

8. Refund and Cancellation Policy

8.1 Services Rendered: Due to the personalized nature of medical services, all fees are final once services have been rendered. This includes consultations, assessments, treatments, and any services you have received.

8.2 Services Not Yet Provided: For services paid but not yet received:(a) Refund requests must be submitted in writing within 7 days of payment;(b) Initial consultation fees are non-refundable;(c) Treatment packages may be refundable for the unused portion, minus a 15% administrative fee;(d) Refund decisions are made at our sole discretion on a case-by-case basis.

8.3 Processing Time: Approved refunds will be processed within 14 business days and issued to the original payment method.

8.4 Consumer Protection Rights: Nothing in this refund policy limits your rights under the Consumer Protection Act, 2002 (Ontario) or other applicable consumer protection legislation.

9. Client Responsibilities and Obligations

You acknowledge and agree to:

• Provide accurate, complete, and current information at all times
• Notify us immediately of any changes to your medical history, medications, or health status
• Follow all pre-treatment and post-treatment instructions provided by your healthcare practitioner
• Attend all scheduled appointments and follow-up visits
• Report any adverse reactions, side effects, or complications immediately
• Comply with all treatment protocols and recommendations
• Maintain confidentiality of your account credentials and client portal access
• Treat our staff, practitioners, and other clients with respect
• Use the Services only for their intended lawful purposes

10. Prohibited Activities and Conduct

You agree NOT to:

• Provide false, misleading, or incomplete information
• Use the Services for any unlawful purpose or in violation of any federal, provincial, or municipal laws
• Obtain treatments with the intent to resell, distribute, or provide to third parties
• Impersonate another person or misrepresent your identity
• Attempt to gain unauthorized access to our systems, networks, or confidential information
• Interfere with or disrupt the Services or servers
• Transmit viruses, malware, or other harmful computer code
• Harass, threaten, abuse, or harm any person, including staff, practitioners, or other clients
• Use the Services while under the influence of alcohol or drugs
• Record audio or video of consultations or treatments without prior written consent
• Use our Services, name, or branding for marketing or commercial purposes without authorization

Violation of these prohibitions may result in immediate termination of Services and may be reported to law enforcement.

11. Intellectual Property Rights

11.1 Ownership: All content, materials, and intellectual property on the Site, including but not limited to text, graphics, logos, trademarks, service marks, images, videos, software, and their compilation (collectively, "Content"), are the exclusive property of his_actualbody or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

11.2 License to Use: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content solely for your personal, non-commercial use in connection with receiving our Services. This license does not include any right to:(a) Reproduce, distribute, modify, or create derivative works;(b) Publicly display or perform the Content;(c) Use the Content for commercial purposes;(d) Remove or modify any copyright, trademark, or proprietary notices.

11.3 Trademarks: The his_actualbody name, logo, and all related product and service names, designs, and slogans are trademarks or trade names of his_actualbody. You may not use these marks without our prior written permission.

11.4 Your Medical Records: While we own the format and compilation of your medical records, you retain ownership rights to the personal health information contained therein, as provided under PHIPA.

12. Limitation of Liability

12.1 Services "As Is": THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS PROHIBITED BY APPLICABLE LAW.

12.2 Exclusion of Certain Liabilities: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIS_ACTUALBODY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PRACTITIONERS, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;(b) ANY LOSS OF PROFITS, REVENUES, DATA, OR USE;(c) ANY LOSS OF BUSINESS OPPORTUNITY OR GOODWILL;(d) ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES;(e) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION;(f) ANY INTERRUPTION OR CESSATION OF SERVICES;(g) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE;(h) ANY ERRORS OR OMISSIONS IN CONTENT.

12.3 Cap on Liability: NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12.4 Professional Liability: Nothing in these Terms limits or excludes our liability for:(a) Death or personal injury caused by our negligence;(b) Fraud or fraudulent misrepresentation;(c) Professional negligence of our healthcare practitioners, which is covered by professional liability insurance;(d) Any liability that cannot be excluded or limited under applicable law.

12.5 Fundamental Breach: Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. Nothing in these Terms is intended to exclude liability for fundamental breach of contract.

13. Indemnification

You agree to indemnify, defend, and hold harmless his_actualbody, its officers, directors, employees, practitioners, agents, affiliates, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising from or related to:(a) Your use of the Services;(b) Your breach of these Terms;(c) Your violation of any rights of another person or entity;(d) Your provision of false or misleading information;(e) Your failure to follow medical advice or treatment instructions;(f) Any negligent or willful misconduct on your part.This indemnification obligation survives termination of these Terms.

14. Third-Party Services and Links

The Site may contain links to third-party websites, services, or resources not owned or controlled by his_actualbody. We provide these links for your convenience only and do not endorse the content, products, or services of these third parties. We have no control over and assume no responsibility for the content, privacy policies, terms of use, or practices of third-party sites. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of third-party sites or reliance on their content. We encourage you to review the terms and privacy policies of any third-party sites you visit.

15. Modifications and Suspension of Services

We reserve the right, at our sole discretion, to:(a) Modify, suspend, or discontinue any aspect of the Services at any time, temporarily or permanently;(b) Impose limits on certain features or restrict access to parts or all of the Services;(c) Change the availability of Services;(d) Update treatment protocols and procedures based on current medical evidence.We will make reasonable efforts to notify you of significant changes that may affect ongoing treatment. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of Services, except as required by applicable law.

16. Term and Termination

16.1 Term: These Terms commence when you first access or use the Services and continue until terminated by either party.

16.2 Termination by You: You may terminate your use of the Services at any time by:(a) Discontinuing use of the Site;(b) Closing your account (if applicable);(c) Providing written notice of termination.You remain responsible for all fees incurred prior to termination.

16.3 Termination by Us: We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason including but not limited to:(a) Breach of these Terms;(b) Provision of false or misleading information;(c) Failure to pay fees when due;(d) Abusive, threatening, or inappropriate behavior;(e) Request by regulatory or law enforcement authorities;(f) Medical reasons determined by your healthcare practitioner.

16.4 Effect of Termination: Upon termination:(a) Your right to access and use the Services immediately ceases;(b) You must pay all outstanding fees;(c) We will maintain your medical records as required by law and professional regulations;(d) Provisions that by their nature should survive termination shall survive, including but not limited to Sections 11 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), and 18 (Governing Law).

16.5 Medical Records Access Post-Termination: After termination, you retain the right to access your medical records as provided under PHIPA. We will provide access in accordance with applicable legislation and professional regulations.

17. Dispute Resolution

17.1 Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the matter through good faith negotiation. Either party may initiate negotiations by providing written notice to the other party describing the dispute.

17.2 Mediation: If the dispute cannot be resolved through negotiation within 30 days, the parties agree to attempt resolution through mediation conducted by a mutually agreed-upon mediator or, if the parties cannot agree, through ADR Chambers (or similar reputable mediation service in Ontario). Each party will bear their own costs of mediation, and the parties will share equally the mediator's fees.

17.3 Litigation: If mediation is unsuccessful or if either party chooses not to participate in mediation, disputes may be brought before the courts of Ontario, as set out in Section 18.

17.4 Exceptions: Nothing in this Section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to protect intellectual property rights or confidential information.

18. Governing Law and Jurisdiction

18.1 Governing Law: These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

18.2 Jurisdiction: You irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Toronto, for any action or proceeding arising out of or relating to these Terms or your use of the Services. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

18.3 Language: The parties have expressly requested that these Terms and all related documents be drafted in English. Les parties ont expressément demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

19. General Provisions

19.1 Entire Agreement: These Terms, together with our Privacy Policy and any treatment-specific consent forms you sign, constitute the entire agreement between you and his_actualbody regarding the Services and supersede all prior agreements, understandings, representations, and warranties, whether written or oral.

19.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the original provision.

19.3 Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

19.4 Assignment: You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this Section is void.

19.5 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government orders, labor disputes, or utility failures.

19.6 No Third-Party Beneficiaries: These Terms are for the benefit of you and his_actualbody only and are not intended to confer any rights or benefits on any third party.

19.7 Interpretation: Headings are for convenience only and shall not affect interpretation. "Including" means "including but not limited to." Words in the singular include the plural and vice versa.

20. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

his_actualbody

Address: 4773 Yonge St Suite 3D, North York, ON M2N 5M5, Canada

Phone: +1 416-342-3969

Website: hisactualbody.com

ACKNOWLEDGMENT

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MUST NOT USE OUR SERVICES.