Terms of Service

Effective Date: 09/15/2026

1. Acceptance of These Terms

These Terms of Service (“Terms”) govern your use of www.tuteramedical.com and the advertising landing pages we run at tuteramedical.com (together, the “website”), operated by Tutera Medical, Inc. (“Tutera Medical,” “we,” “our,” or “us”), and your participation in the Tutera Medical text message program described in section 2 (SMS/Text Messaging Terms). By using the website or opting in to text messages, you agree to these Terms and to our Privacy Policy at https://tuteramedical.com/privacy-policy/. If you do not agree, please do not use the website or the text message program.

2. SMS/Text Messaging Terms

Program description. Tutera Medical sends text messages to people who have requested a consultation and to existing patients who have opted in. Messages are about scheduling your consultation, appointment confirmations and reminders, and related updates about your appointment or account. This program does not send promotional or marketing messages.

How you opt in. You opt in by entering your mobile phone number and checking the text message consent box on a Tutera Medical form. The box is unchecked until you check it. Consent is optional and is not a condition of scheduling an appointment or receiving any service. If you do not check the box, we will not text you.

Message frequency. Message frequency varies.

Cost. Message and data rates may apply. Message and data rates may apply for any messages sent to you from us and to us from you. Check with your mobile carrier for details about your plan.

How to opt out. Reply STOP to opt out at any time. You can cancel the SMS service at any time. Just text “STOP” to unsubscribe. You will receive one final message confirming that you have been unsubscribed, and no further messages will be sent. You may also opt out by calling (480) 874-1515 or emailing info@tuteramedical.com, and we honor opt out requests made by any reasonable means. If you opt out and later want to rejoin, sign up again the same way you did the first time and we will resume sending you messages.

How to get help. Reply HELP for help. For help, reply “HELP” or contact us at info@tuteramedical.com or (480) 874-1515.

Age requirement. You must be 18 years of age or older to participate in our SMS program.

Carriers. Carriers are not liable for delayed or undelivered messages. Delivery of text messages depends on your carrier and on network availability.

Privacy. We do not share, sell, or provide your mobile phone number or messaging consent data to third parties or affiliates for marketing or promotional purposes. Information collected through the text message program is handled as described in our Privacy Policy at https://tuteramedical.com/privacy-policy/.

Compliance. Tutera Medical follows the CTIA Messaging Principles and Best Practices and applicable federal and state laws, including the Telephone Consumer Protection Act (TCPA). Text messages are not a secure channel. Please do not send sensitive health information by text.

3. No Medical Advice; No Provider Patient Relationship

The content on the website, including blog posts, videos, podcasts, self assessment quizzes, any before and after images, and descriptions of services, is provided for general information and education only. A quiz result is not a diagnosis. It is not medical advice and is not a substitute for the diagnosis, treatment, and advice of a qualified licensed provider. Submitting a form, sending an email, or calling us does not by itself create a provider patient relationship; that relationship begins only when we have accepted you as a patient and completed the applicable consultation, intake, and consent process. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. Do not use the website or any form to seek emergency care.

4 Individual Results

Hormone, wellness, weight management, and aesthetic treatments produce results that vary from person to person based on anatomy, medical history, lifestyle, adherence to the treatment plan, and other factors. Any testimonials, images, or descriptions of outcomes on the website represent individual experiences and are not a guarantee, warranty, or prediction of your results. Every treatment carries risks. Discuss them with your provider before treatment; nothing on the website should be read as a promise of a specific outcome.

5 Appointments, Deposits, and Cancellations

An appointment request submitted through the website is a request, not a confirmed booking, until you receive confirmation from our office. Any cancellation, rescheduling, no-show, or deposit policy that applies to your appointment, including any fee, is the one we communicate to you when you schedule, and that policy controls over anything on this page. A consultation may be required before certain treatments.

6 Pricing, Programs, Memberships, and Purchases

Prices, programs, and membership terms shown on the website are subject to change and are confirmed at the time of purchase or enrollment. Any enrollment terms you agree to for a program or membership control over any description on the website. Products offered through our online store, when it is open, and through links to partner stores are subject to the terms and policies shown at the time of purchase, including those of the store platform or partner.

7 Patient Portal and Accounts

Our patient portal is provided by our electronic health record vendor on a separate site. If you use it or create an account, you are responsible for keeping your login credentials confidential and for all activity under your account. Tell us promptly if you believe your account has been accessed without permission.

8 Permitted Use and Intellectual Property

You may use the website for lawful personal purposes. You may not misuse, disrupt, or interfere with the website, attempt unauthorized access to any part of it, or submit false information. All content on the website, including text, images, logos, and video, belongs to Tutera Medical or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from website content without our written permission.

9 Disclaimers and Limitation of Liability

The website is provided “as is” and “as available” without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or noninfringement. To the fullest extent permitted by law, Tutera Medical and its officers, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data or profits, arising from your use of the website, your reliance on its content, or the text message program, and our total liability for any claim relating to the website is limited to one hundred dollars. Nothing in these Terms limits any liability that cannot be limited under applicable law, and nothing in these Terms affects the standard of care we owe you as a patient or any agreement you sign as a patient.

10 Indemnification

You agree to hold Tutera Medical and its officers, employees, and contractors harmless from claims, losses, and expenses, including reasonable attorney fees, arising from your violation of these Terms or your misuse of the website.

11 Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law rules.

If you have a dispute with us about the website or these Terms, contact us first at info@tuteramedical.com and we will try to resolve it informally within 30 days. If we cannot, you and Tutera Medical agree that the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Maricopa County, Arizona, or by video, rather than in court, and you and Tutera Medical each waive the right to a jury trial and the right to participate in a class or representative action. Either party may instead bring an individual claim in small claims court. You may opt out of this arbitration agreement by emailing info@tuteramedical.com within 30 days of first accepting these Terms. This section applies to disputes about the website and the text message program; it does not apply to claims about the medical care you receive, which are governed by the agreements you sign as a patient and by applicable law. Any claim relating to the website must be brought within one year after it arises. Any court proceeding permitted by this section will be brought in the state or federal courts located in Maricopa County, Arizona.

12 General

These Terms and our Privacy Policy are the entire agreement between you and Tutera Medical about the website. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; we may assign them to a successor.

13 Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with a new effective date, and your continued use of the website or the text message program after a change means you accept the updated Terms.

14  Contact

Tutera Medical, Inc.
8412 E Shea Blvd, Suite 101, Scottsdale, AZ 85260
info@tuteramedical.com
(480) 874-1515