Terms of Service

These Terms of Service ("Terms") govern your access to and use of upsizematters.com and any related tools, forms, chat, SMS, calculators, booking pages, and content operated by Upsize LLC ("Upsize," "we," "us," or "our") (collectively, the "Site"). By accessing or using the Site you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

Please read Section 13 carefully. It contains a binding arbitration agreement and class action waiver that affect your legal rights.

1. Who We Are and What the Site Is

Upsize LLC is a brand and marketing company. We own and operate the Upsize™ trademark and provide marketing, education, and related support to a network of independently owned clinics and licensed physicians ("Participating Clinics"). Upsize LLC does not itself own or operate medical clinics, employ treating physicians, or render medical care. Any procedures described on the Site are performed by Participating Clinics and their physicians, who are solely responsible for their own medical judgment, licensing, and patient care. Urosculpt™ is a trademark of a separate, unaffiliated company and is not owned, operated, licensed, or controlled by Upsize LLC. References to Urosculpt™ certification on the Site describe third-party credentials held by individual physicians and do not indicate any corporate relationship between Upsize LLC and the owner of the Urosculpt™ mark.

The Site is provided for general informational and marketing purposes only. It is not a medical portal, not a telehealth service, and not a substitute for professional medical advice, diagnosis, or treatment.

2. Not Medical Advice; No Doctor-Patient Relationship

Content on the Site — including procedure descriptions, pricing estimates, before-and-after images, FAQs, calculators, blog posts, and chatbot responses — is educational and promotional in nature. It does not constitute medical advice, diagnosis, or treatment recommendations. Submitting a consultation request, using the chatbot, completing the size calculator, or communicating with Upsize through the Site does not create a physician-patient relationship with Upsize LLC, its employees, or any individual physician. A physician-patient relationship can only be established in person at a Participating Clinic following an evaluation by a licensed physician. Always consult a qualified healthcare professional before making any medical decision.

3. Eligibility

You may use the Site only if you are at least 18 years old, are legally capable of entering into a binding contract, and are not barred from using the Site under the laws of your jurisdiction. By using the Site you represent that you meet these requirements. The Site and all procedures described on it are not intended for minors.

4. Consultation Requests and Bookings

When you submit a consultation request, booking form, or similar inquiry, Upsize may forward your information to the Participating Clinic nearest you so they can contact you. Submission of a form is a request for information or an appointment — it is not a confirmed booking, a medical recommendation, or an agreement that any procedure is appropriate for you. All appointments, pricing, and medical determinations are at the sole discretion of the Participating Clinic and its treating physicians. Upsize does not guarantee that any particular clinic or physician will contact you, accept you as a patient, or offer the services described on the Site.

5. Pricing and Availability

Prices displayed on the Site are provided for general guidance only and may be out of date, promotional, or dependent on treatment volume, location, and other factors. Actual pricing, financing terms, appointment availability, and final treatment plans are determined by the Participating Clinic at the time of consultation. Upsize may update or change pricing and availability at any time without notice.

6. No Guarantee of Results

Outcomes for any cosmetic or medical procedure vary from patient to patient based on anatomy, compliance, lifestyle, and other factors. Before-and-after images, reviews, testimonials, and statistics on the Site reflect the experience of specific individuals and are not a guarantee, warranty, or prediction of the result any other patient will achieve. Every medical procedure carries risks and potential side effects, which are the subject of in-person informed consent at a Participating Clinic.

7. Text Messaging Terms

By opting in to SMS communications from Upsize, you agree to receive recurring automated text messages from Upsize LLC, including customer service, booking, and promotional messages. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for assistance. Our SMS program is described in more detail in our Privacy Policy.

8. Acceptable Use

You agree not to:

• Use the Site for any unlawful, harmful, fraudulent, or abusive purpose.
• Submit false, misleading, or impersonated information through forms or chat.
• Attempt to reverse engineer, scrape, harvest, or bulk-download the Site or its content except through publicly documented APIs or feeds.
• Interfere with, disrupt, or overload the Site, its servers, or networks, including through bots, denial-of-service attacks, or credential stuffing.
• Upload or transmit malware, viruses, or malicious code.
• Violate any applicable law, regulation, or third-party right through your use of the Site.
• Use the Site to collect information about other users or to send unsolicited communications.

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

9. Intellectual Property

The Site and all of its content — including text, graphics, photographs, before-and-after images, videos, logos, page layouts, design, and code — are owned by Upsize LLC or its licensors and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

Upsize™, Firm-X™, SmoothSac™, and the associated logos are trademarks of Upsize LLC. You may not use any Upsize LLC trademark without our prior written consent. Urosculpt™ is a trademark of a separate, unaffiliated company and is used on the Site solely to refer to third-party certification held by individual physicians; all rights in the Urosculpt™ mark belong to its owner. Other names, marks, and logos on the Site may be trademarks of their respective owners.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own personal, non-commercial informational use. No other rights are granted, either express or implied.

10. User Submissions and Reviews

If you submit a review, testimonial, photograph, video, comment, or other content to Upsize (a "Submission"), you represent that you own or have the necessary rights to the Submission and that it is accurate, not defamatory, not obscene, and does not infringe any third-party rights. You grant Upsize a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, display, and distribute the Submission in any media, with or without attribution, for any lawful purpose, including marketing. You waive any moral rights in the Submission to the extent permitted by law.

11. Third-Party Links and Services

The Site may link to or embed third-party content, including financing partners (e.g., CareCredit, Cherry, United Credit), review platforms, map providers, and social media. Those third parties operate independently and are not controlled by Upsize. Upsize does not endorse and is not responsible for the content, products, services, terms, or privacy practices of any third party. Your interactions with any third party are solely between you and that third party.

12. Disclaimers

THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT. UPSIZE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT. UPSIZE MAKES NO WARRANTY REGARDING THE SERVICES PROVIDED BY ANY PARTICIPATING CLINIC OR PHYSICIAN. ANY RELIANCE YOU PLACE ON THE SITE OR ITS CONTENT IS STRICTLY AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPSIZE LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, ANY CONTENT ON THE SITE, OR ANY SERVICES OBTAINED FROM A PARTICIPATING CLINIC, EVEN IF UPSIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UPSIZE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

State-specific savings. Some U.S. states do not allow the exclusion or limitation of certain damages, the disclaimer of certain warranties, or the limitation of certain statutory rights. If you are a resident of a state whose law does not permit one or more of the limitations in Section 12 or this Section 13 (for example, New Jersey, Washington, or certain other states), those limitations apply to you only to the maximum extent permitted by the law of your state, and any right, warranty, or remedy that cannot lawfully be waived under the law of your state is preserved. Nothing in these Terms limits your rights under any applicable state consumer protection, product liability, or personal injury statute that cannot lawfully be waived.

14. Indemnification

You agree to indemnify, defend, and hold harmless Upsize LLC and its officers, directors, employees, agents, and Participating Clinics from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Site, (b) your Submissions, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

15. Governing Law, Arbitration, and Class Action Waiver

Governing law. Because Upsize LLC is headquartered in California, these Terms and any dispute arising out of or related to them or the Site are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Nothing in these Terms deprives you of any non-waivable consumer protection, unfair trade practice, or similar statutory rights you have under the law of the state where you reside. If a court of competent jurisdiction determines that the law of your home state must apply to a particular claim, the law of your home state will apply to that claim only, and California law will continue to govern all other matters.

Informal resolution. Before filing any claim, you agree to try to resolve the dispute informally by contacting Upsize at the address in Section 19 and allowing Upsize at least thirty (30) days to respond.

Binding individual arbitration. Any dispute that is not resolved informally must be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this arbitration agreement. The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court has authority to decide the enforceability of the class action waiver below.

Arbitration location. Arbitration will take place (a) by telephone or video conference, (b) in the county of your residence, or (c) in Placer County, California — at your election as the consumer claimant. This ensures that users anywhere in the United States can pursue claims without traveling to California.

Small claims alternative. Either party may, instead of arbitration, bring an individual claim that qualifies in the small claims court of (a) Placer County, California or (b) the county where you reside, provided the claim remains in that court and is brought solely on an individual basis.

Class action waiver. You and Upsize agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. If a court decides that this class action waiver is unenforceable as to any claim, that claim must be severed from the arbitration and brought in the state or federal courts of Placer County, California, while all other claims proceed in arbitration.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to Upsize LLC at the address in Section 19 within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.

Exceptions. This Section 15 does not apply to (a) disputes concerning the validity, scope, or enforceability of Upsize's intellectual property rights, or (b) any claim for injunctive or other equitable relief to protect either party's intellectual property.

Court venue for non-arbitrable claims. For any dispute that is not subject to arbitration, and that is not brought in small claims court as permitted above, you and Upsize agree to the exclusive jurisdiction and venue of the state and federal courts located in Placer County, California, subject to your non-waivable home-state rights described at the top of this Section.

16. Changes to the Site and These Terms

We may modify, suspend, or discontinue any part of the Site at any time without notice. We may also update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes will take effect on the date the updated Terms are posted, and your continued use of the Site after that date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.

17. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy and any additional terms referenced on specific pages, constitute the entire agreement between you and Upsize regarding the Site and supersede any prior agreements on the same subject.

18. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. Upsize may assign these Terms at any time without notice.

19. Contact

Questions about these Terms should be sent to:

Upsize LLC
5 Medical Plaza Dr, Ste 150
Roseville, CA 95608
Phone: 628-246-8999
Email: [email protected]