Terms of Service
Effective date: October 28, 2025
These Terms of Service (the “Terms”) are a binding agreement between you and DEXA Charleston ("CHS") (the “Company,” “we,” “us,” or “our”). By creating an account, booking, or using any DEXA Charleston websites, applications, or services (collectively, the “Services”), you agree to these Terms and our Privacy Policy.
Not medical advice. Our Services and reports are for wellness, fitness, and education only. They are not a medical diagnosis or treatment. Always consult a qualified clinician about your health decisions.
These Terms of Service (the “Terms”) are a binding agreement between you and DEXA Charleston ("CHS") (the “Company,” “we,” “us,” or “our”). By creating an account, booking, or using any DEXA Charleston websites, applications, or services (collectively, the “Services”), you agree to these Terms and our Privacy Policy.
Not medical advice. Our Services and reports are for wellness, fitness, and education only. They are not a medical diagnosis or treatment. Always consult a qualified clinician about your health decisions.
1) Who we are & how to contact us
Entity: DEXA Charleston (“CHS”).
Mailing address (for notices): Attn: Legal, DEXA Charleston, 6650 Rivers Ave Suite 100 Charleston, SC, 29406, USA.
Email: hello@dexachs.com
We may update our contact information on our website. Notices you send under Section 23 must follow Section 23 exactly.
Mailing address (for notices): Attn: Legal, DEXA Charleston, 6650 Rivers Ave Suite 100 Charleston, SC, 29406, USA.
Email: hello@dexachs.com
We may update our contact information on our website. Notices you send under Section 23 must follow Section 23 exactly.
2) Eligibility & Accounts
- You must be 18+ to undergo a scan or other assessment that collects health metrics. Minors (13–17) may maintain an account only with verified parental/guardian consent, and may undergo scans only where permitted under our policies and applicable law with a parent/guardian present to consent.
- If you create an account, you must provide accurate information, keep your password secure, and promptly update your details. You’re responsible for all activity under your account.
- We may refuse, suspend, or terminate accounts that violate these Terms.
3) Description of Services
The Services include access to our website(s) and in‑person wellness assessments, such as DEXA body composition, resting metabolic rate estimates, and related education/coaching. We may add, change, or discontinue features at any time.
4) Safety, Contraindictions & Operational Limits
- X‑ray exposure: DEXA uses low-dose x‑rays. You should consult your clinician if you have questions about radiation risk.
- Pregnancy: You must not undergo DEXA scanning if you are pregnant or may be pregnant.
- Body size & mobility: Our DEXA table has a maximum patient weight of 500 lb (227 kg) and requires you to lie still and flat for several minutes. Excess movement, certain implants, or metal objects can affect image quality.
- Right to refuse service: We may refuse or stop a scan if we believe it is unsafe, not clinically appropriate in a wellness context, technically infeasible, or likely to yield unusable results.
- Measurement variance: Results can vary due to hydration, positioning, movement, equipment tolerances, and other factors. We do not guarantee error‑free assessments.
Important: Our Services are offered as wellness services and are not intended to diagnose or treat disease. In limited situations where a licensed ordering provider engages us for medically directed testing, additional terms (including HIPAA/BAA obligations) may apply as set forth in our Privacy Policy or separate agreements.
5) Booking, Payment, Cancellations & Refunds
- Payments: Unless otherwise stated, fees are due at booking. We generally do not bill insurance and any HSA/FSA use is your responsibility.
- Consultation fee. For services that involve review by an independent licensed provider, a consultation fee of $10 is included in the total price you pay. It may not appear as a separate line item at checkout but is part of the total amount charged.
- Rescheduling: You may reschedule up to 24 hours before the appointment at no charge (via your confirmation link or by contacting us).
- Late cancellations & no‑shows: Cancellations made within 24 hours or failure to appear may be charged up to the full appointment fee. We may waive fees at our discretion.
- Rescans & refunds: If a scan cannot be completed due to equipment or operator error, we will offer a no‑cost rescan or a refund. We do not refund completed scans except as required by law.
- Third‑party processors: Payments and scheduling may be provided by third parties (e.g., Stripe, Acuity Scheduling). Their terms apply in addition to ours.
6) Privacy; Health Data; De-Identification
- Our Privacy Policy explains how we collect, use, and safeguard personal information (including wellness/health‑related information).
- For wellness Services where we are not acting as a HIPAA covered entity or business associate, federal/state consumer privacy and breach‑notification laws apply. Where we perform Services under a written order/BAA with a provider, we will handle data accordingly.
- We may use de‑identified or aggregated information to operate, analyze, and improve the Services. We do not sell your personal information.
7) Communications; E-Sign; Texts & Emails
- By creating an account or booking, you consent to receive transactional emails/texts (e.g., confirmations, reminders, receipts, and important notices about your account or Services).
- Marketing texts/emails require your separate opt‑in consent. Consent is not a condition of purchase. Message/data rates may apply. Reply STOP to opt out of texts; HELP for help.
- E‑SIGN Consent: You agree we may deliver agreements, disclosures, and results electronically, and your electronic acceptance has the same effect as a physical signature.
8) User Content & Feedback
If you post, upload, or otherwise submit content to us (excluding your individual results), you grant us a worldwide, perpetual, irrevocable, royalty‑free license to use, host, reproduce, modify, and display that content to operate and improve the Services and for promotional purposes. You represent you have the rights to grant this license. Feedback is voluntary and may be used without restriction.
9) Acceptable use
You agree not to misuse the Services—for example, by attempting to access non‑public areas, interfering with security or operations, scraping, reverse engineering, spamming, infringing IP rights, or posting unlawful, harassing, or misleading content. We may suspend or terminate access for violations.
10) Intellectual Property
The Services, reports, and all related content are protected by intellectual‑property laws. Except for your personal, non‑commercial use, you may not copy, distribute, modify, or create derivative works without our prior written consent. Our trademarks, logos, and brand features may not be used without permission.
11) Third Party Services
The Services may rely on or link to third parties (e.g., scheduling, payments, telehealth platforms). Those services are governed by their own terms and privacy policies. We are not responsible for their acts or omissions.
12) Service Changes & Availability
We may add or remove features, or suspend/stop the Services, at any time. We make commercially reasonable efforts to keep Services available, but do not guarantee uninterrupted or error‑free operation.
13) Disclaimers
THE SERVICES (INCLUDING ALL REPORTS AND CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, ACCURACY, AND AVAILABILITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE WE PROVIDE CREATES ANY WARRANTY.
14) Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; AND (B) OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM (OR US$200 IF NO SUCH PAYMENT APPLIES). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.
15) Indemification
You will defend and indemnify DEXA Charleston and its officers, directors, employees, and agents from and against third‑party claims, damages, and costs (including reasonable attorneys’ fees) arising out of your breach of these Terms, your misuse of the Services, or your sharing or disclosure of your results.
16) Governing Law; Venue; Arbitration; Class‑Action Waiver; Opt‑Out
- Governing law & venue. These Terms are governed by the laws of the State of South Carolina, without regard to conflicts of law. Subject to arbitration below, courts located in Charleston County, South Carolina have exclusive jurisdiction.
- Arbitration. Except for (i) individual small‑claims actions and (ii) claims for injunctive relief for IP misuse, any dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat and hearing location will be Charleston County, South Carolina. The arbitrator may award individual relief only.
- Class‑action waiver. No class or representative actions or arbitrations. You and we may bring claims only in our individual capacities.
- 30‑day opt‑out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing hello@dexachs.com with your name, the email on your account, and a clear statement that you opt out of arbitration. Opt‑out does not affect other Terms.
17) Term; Termination; Survival
These Terms apply while you use the Services. We may suspend or terminate access at any time for any reason, including safety or policy violations. Sections that by their nature should survive (e.g., IP, privacy, disclaimers, limits of liability, indemnity, dispute resolution) will survive termination.
18) Changes to the service or these terms
We may update these Terms from time to time. When we do, we’ll post the updated version with a new effective date. If you continue to use the Services after changes become effective, you accept the new Terms.
19) Accessibility
We aim to make our websites and documents reasonably accessible and strive to meet WCAG 2.1 AA. For accommodations or accessibility feedback, contact hello@dexachs.com.
20) Electronic Records; Notices
You consent to receive notices and records electronically. We may provide notices by email, in‑product messaging, or posting on our sites. For legal notices to us, send to hello@dexachs.com and via certified mail to the postal address in Section 1.
21) Miscellanious
- Entire agreement. These Terms and any policies referenced here (e.g., Privacy Policy) are the entire agreement between you and us regarding the Services.
- No waiver. Failure to enforce a provision is not a waiver.
- Severability. If any provision is unenforceable, the remainder remains in effect.
- Assignment. You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or asset sale.
- Force majeure. We aren’t liable for delays or failures due to events beyond our reasonable control.
- Headings. Headings are for convenience only.
22) Service-Specific Addenda
A. Clinical Intake & Telehealth Informed Consent (when a licensed provider is involved)
From time to time, you may complete our Intake Form so that an independent, licensed healthcare provider (for example, via a third‑party telehealth network) can review your information and determine whether to offer medical services such as clinical review, ordering, interpretation, counseling where legally permitted.
1) Purpose & first contact. By submitting the Intake Form, you (a) request to be connected to an independent provider and (b) authorize us to transmit your information to that provider for review. Submission of the intake is the first step in seeking care; it establishes a patient‑provider relationship. A patient‑provider relationship forms only if and when a licensed provider accepts your case. If the provider declines, no such relationship is formed.
2) Nature of telehealth. If services are provided, they may occur through telehealth (audio, video, asynchronous/store‑and‑forward). Telehealth has benefits (access, convenience) and risks, including potential technology failures, delays, or security vulnerabilities despite safeguards. Telehealth may be inappropriate for some conditions; you may always seek in‑person care.
3) Consent to share information. You authorize DEXA Charleston to collect, use, and disclose your intake responses, identifiers, scan data, and relevant history to the independent provider(s) for care, quality assurance, compliance, and billing/operations. The provider may create or maintain a medical record. Our Privacy Policy explains how DEXA Charleston handles information outside of HIPAA contexts; the provider’s own privacy notices govern their handling of protected health information when HIPAA applies.
4) Provider independence. Providers are independent professionals, not employees or agents of DEXA Charleston and are solely responsible for Clinical Services and clinical decisions. Providers may require you to accept their own terms, consent forms, privacy notices, and notices of privacy practices. Those documents govern as between you and the provider. DEXA Charleston is not responsible for the provider’s acts or omissions.
5) Eligibility & minors. You must be 18+ to consent for yourself. A parent/guardian may consent for a minor only where permitted by law and our policies; additional age‑based rights may apply in some states. We may require identity or guardianship verification.
6) Your responsibilities. You agree to provide accurate, current, and complete information in the intake; to review and follow provider instructions
7) Emergencies. Clinical Services are not for emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department.
8) Ordering & results. A provider may, at their professional judgment, deny a scan. No specific treatment, or clearance is guaranteed. If ordered, results may be delivered electronically. If you do not access results within a reasonable period, we or the provider may contact you using the contact details you supplied.
9) Fees; insurance. Unless stated, we do not submit insurance claims on your behalf. You are responsible for charges not covered by any applicable plan and for verifying HSA/FSA eligibility.
10) Consent; revocation. By submitting the Clinical Intake Form and selecting the consent box, you affirmatively consent to telehealth Clinical Services and to the disclosures described above. You may withdraw consent before services are rendered by notifying us and the provider; withdrawal does not affect actions already taken in reliance on your prior consent.
11) Records & communications. You consent to electronic delivery of provider notices and records (E‑SIGN). Providers may maintain their own patient portal or messaging channels; some records may not be stored in your DEXA Charleston account. Keep your contact information updated.
12) Geographic restrictions. Providers deliver care only in states where they are licensed and where telehealth is permitted for the Clinical Services at issue. You must be physically located in such a state at the time of care.
13) No endorsement. Listing, linking, or facilitating access to any provider network does not constitute an endorsement of any specific provider or treatment.
From time to time, you may complete our Intake Form so that an independent, licensed healthcare provider (for example, via a third‑party telehealth network) can review your information and determine whether to offer medical services such as clinical review, ordering, interpretation, counseling where legally permitted.
1) Purpose & first contact. By submitting the Intake Form, you (a) request to be connected to an independent provider and (b) authorize us to transmit your information to that provider for review. Submission of the intake is the first step in seeking care; it establishes a patient‑provider relationship. A patient‑provider relationship forms only if and when a licensed provider accepts your case. If the provider declines, no such relationship is formed.
2) Nature of telehealth. If services are provided, they may occur through telehealth (audio, video, asynchronous/store‑and‑forward). Telehealth has benefits (access, convenience) and risks, including potential technology failures, delays, or security vulnerabilities despite safeguards. Telehealth may be inappropriate for some conditions; you may always seek in‑person care.
3) Consent to share information. You authorize DEXA Charleston to collect, use, and disclose your intake responses, identifiers, scan data, and relevant history to the independent provider(s) for care, quality assurance, compliance, and billing/operations. The provider may create or maintain a medical record. Our Privacy Policy explains how DEXA Charleston handles information outside of HIPAA contexts; the provider’s own privacy notices govern their handling of protected health information when HIPAA applies.
4) Provider independence. Providers are independent professionals, not employees or agents of DEXA Charleston and are solely responsible for Clinical Services and clinical decisions. Providers may require you to accept their own terms, consent forms, privacy notices, and notices of privacy practices. Those documents govern as between you and the provider. DEXA Charleston is not responsible for the provider’s acts or omissions.
5) Eligibility & minors. You must be 18+ to consent for yourself. A parent/guardian may consent for a minor only where permitted by law and our policies; additional age‑based rights may apply in some states. We may require identity or guardianship verification.
6) Your responsibilities. You agree to provide accurate, current, and complete information in the intake; to review and follow provider instructions
7) Emergencies. Clinical Services are not for emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department.
8) Ordering & results. A provider may, at their professional judgment, deny a scan. No specific treatment, or clearance is guaranteed. If ordered, results may be delivered electronically. If you do not access results within a reasonable period, we or the provider may contact you using the contact details you supplied.
9) Fees; insurance. Unless stated, we do not submit insurance claims on your behalf. You are responsible for charges not covered by any applicable plan and for verifying HSA/FSA eligibility.
10) Consent; revocation. By submitting the Clinical Intake Form and selecting the consent box, you affirmatively consent to telehealth Clinical Services and to the disclosures described above. You may withdraw consent before services are rendered by notifying us and the provider; withdrawal does not affect actions already taken in reliance on your prior consent.
11) Records & communications. You consent to electronic delivery of provider notices and records (E‑SIGN). Providers may maintain their own patient portal or messaging channels; some records may not be stored in your DEXA Charleston account. Keep your contact information updated.
12) Geographic restrictions. Providers deliver care only in states where they are licensed and where telehealth is permitted for the Clinical Services at issue. You must be physically located in such a state at the time of care.
13) No endorsement. Listing, linking, or facilitating access to any provider network does not constitute an endorsement of any specific provider or treatment.
23) How to reach us
Questions about these Terms? Email hello@dexachs.com.
Plain English Safety Recap (non-contractual)
- Not medical care; wellness education only.
- Don’t scan if pregnant or possibly pregnant.
- Weight limit 500 lb (227 kg); must lie still and flat.
- Movement/implants/metal may affect results.
- Variability happens; rescans/refunds only per Section 5.