TERMS AND CONDITIONS (TERMS OF SERVICE)

PROTOSOMA TERMS AND CONDITIONS

Effective Date: 9/10/2025
Last Updated: 2/1/2026

1. ACCEPTANCE OF TERMS

Welcome to Boules Chiropractic inc, DBA PRotosoma performance. ("we," "us," or "our"). By accessing or using our website (protosoma.com) or services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use our Site or services.

2. SERVICES

Protosoma provides chiropractic care, movement therapy, and related health services ("Services"). Services are provided in-person at our clinic in Diamond Bar, California, and may include virtual consultations via Zoom or other platforms.

3. ELIGIBILITY

You must be at least 18 years old to use our Services. If you are under 18, you may only use our Services with the consent and supervision of a parent or legal guardian.

4. APPOINTMENT SCHEDULING AND CANCELLATIONS

4.1 Scheduling

You may schedule appointments through our website or by contacting us directly. By scheduling an appointment, you agree to provide accurate information.

4.2 Cancellations and No-Shows

  • Cancellations: If you need to cancel or reschedule an appointment, please notify us at least 24 hours in advance.

  • Late Cancellations: Cancellations made less than 24 hours before your scheduled appointment may be subject to a cancellation fee.

  • No-Shows: Failure to attend a scheduled appointment without notice may result in a no-show fee and may affect your ability to schedule future appointments.

5. FEES AND PAYMENT

5.1 Payment Terms

  • Payment is due at the time of service unless otherwise agreed upon.

  • We accept credit cards, debit cards, and other payment methods as posted on our Site.

  • We do not accept insurance. All care is provided on a cash-pay basis.

5.2 Care Packages

We offer care packages that must be paid in full at the time of purchase or according to a payment plan agreed upon in writing. Package fees are non-refundable except as required by law.

5.3 Payment Plans

If you elect to use a payment plan, you agree to make payments according to the schedule provided. Failure to make timely payments may result in suspension of services.

6. PATIENT RESPONSIBILITIES

By using our Services, you agree to:

  • Provide accurate and complete health information

  • Follow treatment plans and recommendations

  • Notify us of any changes to your health status

  • Treat our staff and facilities with respect

  • Pay all fees and charges as agreed

7. INFORMED CONSENT

By using our Services, you acknowledge that:

  • Chiropractic care and movement therapy involve certain risks (e.g., soreness, discomfort, rare risk of injury)

  • You have been informed of these risks and have had the opportunity to ask questions

  • You consent to receive care from Protosoma

A detailed informed consent form may be provided separately before treatment.

8. PRIVACY AND PROTECTED HEALTH INFORMATION

Your use of our Services is also governed by our Privacy Policy and Notice of Privacy Practices (NPP). By using our Services, you consent to the collection, use, and disclosure of your information as described in those documents.

9. INTELLECTUAL PROPERTY

All content on our Site (text, images, logos, graphics, videos, etc.) is the property of Protosoma or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

10. USER CONDUCT

You agree not to:

  • Use our Site or Services for any unlawful purpose

  • Transmit viruses, malware, or harmful code

  • Interfere with or disrupt the Site or Services

  • Impersonate any person or entity

  • Harass, threaten, or harm others

11. DISCLAIMER OF WARRANTIES

OUR SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES.

CHIROPRACTIC CARE AND MOVEMENT THERAPY ARE NOT GUARANTEED TO PRODUCE SPECIFIC RESULTS. INDIVIDUAL RESULTS MAY VARY.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, PROTOSOMA, ITS OWNERS, EMPLOYEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR SITE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Protosoma, its owners, employees, and service providers from any claims, liabilities, damages, losses, or expenses (including attorney's fees) arising out of:

  • Your use of our Services or Site

  • Your violation of these Terms

  • Your violation of any third-party rights

14. TERMINATION

We reserve the right to terminate or suspend your access to our Services or Site at any time, without notice, for any reason, including violation of these Terms.

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

15.2 Arbitration

Any dispute arising out of or related to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in Los Angeles County, California.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

15.3 Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

16. CHANGES TO THESE TERMS

We may update these Terms from time to time. We will post the updated Terms on this page with a new "Last Updated" date. Your continued use of our Services after changes are posted constitutes acceptance of the updated Terms.

17. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Notice of Privacy Practices, constitute the entire agreement between you and Protosoma regarding your use of our Services and Site.

19. SMS/Text Message Communications

Below is a clean, legally standard SMS / Text Messaging section you can drop directly into your Terms & Conditions as a new numbered section.

It’s written to align with TCPA best practices, GHL usage, and healthcare-adjacent compliance without overreaching.

I’ll format it so you can paste it in as Section 20 (you can renumber if needed).

19. SMS / TEXT MESSAGE COMMUNICATIONS

19.1 Consent to Receive SMS Messages

By providing your mobile phone number and opting in through our website, forms, scheduling tools, intake paperwork, or other communications, you consent to receive SMS (text) messages from Boules Chiropractic Inc., dba Protosoma Performance, including but not limited to:

  • Appointment confirmations and reminders

  • Scheduling or rescheduling notifications

  • Follow-up communications related to your care

  • Educational content related to movement, rehab, or services you requested

  • Administrative or operational messages

Message frequency may vary based on your interaction with our services.

Consent to receive SMS messages is not a condition of purchase or treatment.

19.2 Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying:

STOP

to any message you receive from us

After opting out, you may receive one final confirmation message confirming your opt-out.

To resume SMS communications, you must re-opt in through one of our approved channels.

19.3 Customer Support

For assistance with SMS communications, you may:

  • Reply HELP to any message

  • Email us at gboulesdc@protosoma.com

  • Call us using the contact information listed on our website

We will make reasonable efforts to respond in a timely manner.

19.4 Message & Data Rates

Message and data rates may apply depending on your mobile carrier and service plan.

Protosoma Performance is not responsible for any charges incurred from receiving or sending SMS messages.

19.5 Carrier Liability Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

SMS delivery is subject to effective transmission from your wireless service provider and network availability

19.6 Privacy

We respect your privacy.

Your mobile number will be used solely for communications related to your interaction with Protosoma Performance and will be handled in accordance with our Privacy Policy and Notice of Privacy Practices.

We do not sell or share your mobile information with third parties for marketing purposes.

20. Contact Us

If there are any questions or concerns, please reach out at

gboulesdc@protosoma.com