APPLICATION TERMS OF SERVICE FOR END USERS
Application Terms of Service and Conditions (“ToS”) (Updated: 4/13/2021)
- This ToS is deemed to include the terms and conditions regarding your use of the InBody App. Any information we provide with or collect through your use of the App is subject to this ToS. This ToS will be available to you prior to you using the App. We will notify you should we change the terms of the ToS and such new terms will be posted on the Site. When you use the App after a modification is posted, you are telling us that you accept the modified terms. However, in order to subscribe to and use the App, you must accept this ToS expressly and if you do not, then you are not permitted to subscribe to and use the App.
- This ToS considers and pertains, in whole or in part, to the following:
- InBody’s body composition analysis devices and its accessories (the “Products”);
- InBody-provided applications that gives you access to view, add, update, or delete data (collectively, the “App”);
- InBody data management website(s) and/or an extension of the website(s), including, but not limited to, https://usa.lookinbody.com (collectively the “Site”); and
- The data, analyses and other content collected, processed, analyzed, generated or delivered by a Product, the App, or the Site, including without limitation, text, graphs, calculations, copy, audio, video, photographs, illustrations, images, graphics and other visuals (the “InBody Content”) (all collectively, the “Service” or “Services”).
As such, you agree to the following:
- Aggregated or De-Identified Information – Information that does not identify you as a specific individual.
- The words “InBody”, “we”, “us” and “our” refers to Biospace, Inc. DBA InBody.
- Protected Health Information – According to the Health Insurance Portability and Affordability Act of 1996, Public Law 104-191, as amended, and inclusive of the Privacy Rule, Security Rule, Breach Notification Rule and Enforcement Rule (45 CFR Parts 160 and 164) promulgated by the United States Department of Health and Human Services (“HIPAA”), Protected Health Information is information that is a subset of health information including demographic information collected from an individual that: (1) is created or received by a health care provider, health plan, employer, or health care clearinghouse; (2) relates to an individual’s past, present, or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to an individual; (3) identifies the individual or for which there is reasonable basis to believe the information can be used to identify the individual; and (4) is transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium.
- Personal Information – Your non-public information which InBody receives through your use of the Service that can be used, alone or in combination with other information in InBody’s possession, to identify you or another individual. It may include information such as name, email address, telephone number and other personal information you provide to InBody and it may include Protected Health Information.
- Covered Entity – The definition of the Covered Entity remains the same as in 45 CFR § 160.103 of HIPAA.
- Custody – Maintaining information about a user that has been transmitted to a Server.
- Control – Maintaining information in a manner so that the information can be viewed, added, edited, deleted, and/or transferred by or to InBody for the purposes described in this ToS.
II. Analysis Facility Rights and Account Administration
- Subject to this ToS, InBody grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Service and to view the InBody Content related to your body composition data obtained through a Product. You also have the right to modify, export, print, download and save the InBody Content.
- InBody grants you the Custody and Control of your Personal Information and Personal Health Information. The intellectual property rights of your Personal Information and Personal Health Information will remain under InBody’s ownership, but Control and Custody over the Personal Information and Protected Health Information is granted to you.
- The InBody Content is provided to you for informational purposes pertaining to you.
- You are solely responsible for all activity that occurs on your App account. InBody will not be deemed or otherwise held liable for any loss or damages caused by a failure to maintain the confidentiality of your account credentials. At our sole and absolute discretion, we reserve the right to change any password if there is a risk that the password has been compromised or is used in violation of this ToS or with your consent for purposes of customer service troubleshooting.
- Prior to the termination, you shall immediately notify InBody by email of such termination so that InBody will have a reasonable period of time to deactivate your login credential and password. InBody shall not be deemed or otherwise held liable for any breaches of confidentiality stemming from your failure to give such reasonable notice to InBody.
- Changes to a login credential may only be made by us upon your request. If you want to change your login credential, please contact us at LBSupport@inbody.com.
- You may utilize pre-approved third-party platforms to host App data that was taken using one of the InBody’s Home Health line of products, such as Apple Health or Samsung Health.
- Your analysis facility may utilize third-party platforms to host App data, but only via other InBody Services, such as LookinBody Web, an InBody API, or an InBody Home Health Integration. For more information please speak to your Analysis Facility’s representative. InBody is not responsible for any data shared through this method.
- You agree that the LookinBody Web Service, as well as the Home Health Integration Service, will require your authorization prior to any App data transfer.
- We may elect to disable and/or request the deletion of your account pursuant to the Termination section of this ToS.
III. Your Representations, Warranties, Restrictions and Obligations
- Except for:
- exporting, downloading, copying or printing your own body composition data analysis for personal use or for purposes of discussion; and
- editing your Personal Information, Personal Health Information, and data:
you may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, or InBody Content, except as expressly permitted in this ToS. No licenses, rights, custody or control are granted to you by implication or otherwise under any intellectual property rights owned or controlled by InBody or its licensors, except for the licenses, rights, Custody and Control expressly granted in this ToS. You may not perform, attempt to perform or encourage or assist others in performing any of the following while accessing or using the Service: (a) use, display, mirror or frame the Service or any individual element within the Service, InBody’s name, any InBody trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without InBody’s express written consent; (b) access or tamper with non-public areas of the Service, InBody’s computer systems or the technical delivery systems of InBody’s service providers; (c) test the vulnerability of any InBody system or breach any security or authentication measures; (d) circumvent any technological measure implemented by InBody or any of InBody’s service providers or any other third party (including another user) to protect the Service or InBody Content; (e) access the Service(s) through the use of any mechanism other than through the use of the Service; or (f) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that InBody provides to you or any other part of the Service.
- You warrant and agree that, while using the Services, you shall not: (1) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (2) insert your own or a third party’s advertising, branding or other promotional content into any of the Services’ content, redistribute, republish or exploit such content or service for any further commercial or promotional purposes without InBody’s prior written and express permission; or (3) attempt to gain unauthorized access to other computer systems through the Services.
- You shall not: (1) engage in spidering, “screen scraping”, “database scraping”, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services, including without limitation any information residing on any server or database connected to the Services; (2) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (3) use the Services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Services, including, without limitation, sending mass unsolicited messages or “flooding” Servers with requests; (4) use the Services in violation of InBody’s or any third party’s intellectual property or other proprietary or legal rights, or otherwise violate InBody’s or any third party’s intellectual property or other proprietary or legal rights; or (5) use the Services in violation of any applicable law, including without limitation, any applicable privacy or anti-spam law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Services.
- We may allow, at our sole discretion, you to post materials, comments, and any other content related to you, on the Site. Any content that is related to you, except Personal Information, Personal Health Information, and body composition information that is processed and/or analyzed by another facility, shall be considered “User Content”. You will retain all rights to the User Content that you may post to the Site; however, by submitting User Content, you grant to us a to a world-wide, perpetual, irrevocable, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from User Content (in any format or media); and waive all moral rights in and to all of User Content in favor of us and anyone authorized by us.
- You are responsible for any content contributed by you. You represent and warrant that the content you, and the use and provision of the content contributed by you on the Service, will not: (1) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (2) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (3) be fraudulent, false, misleading or deceptive; (4) be defamatory, obscene, pornographic, vulgar, or offensive; (5) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (6) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (7) promote illegal or harmful activities or substances. You represent and warrant that you may edit, modify, delete, and add Personal Information and Personal Health Information for purposes of complying with this ToS, and you will not use this control in an inappropriate way.
IV. InBody Warranty Terms, Conditions and Exclusions:
- To the extent permissible by applicable law, you are responsible for any or all risks arising from the use of the App. InBody disclaims any other warranties, including but not limited to the warranties of merchantability, fitness for specific purposes, and implied warranty regarding ownership or non-infringement, whether expressed or implied, to the maximum extent permitted by the applicable laws.
- Support for any issues related to the App will be provided as long as the App subscription is active.
- InBody warrants that Personal Information collected from you will remain in your Custody and Control. InBody will have access to the Personal Information for purposes described in this ToS.
- Issues arising from the use or functions of the App may be directed to us for support. InBody does not warrant and/or guarantee a solution to your issue.
- Warranty for the Site applies to the support provided to you through phone, email, remote access, or any other virtual help. Cases that require in-person support will be treated as special cases and will be judged on a case by case basis.
- Repairs, troubleshooting, and/or remote access support will be provided to you whenever necessary, but understand that we may require additional support from our contracted third parties.
- Service to errors, bugs, or malfunctions shall not be provided when they result from:
- App, Service, or Product abuse, misuse, negligence, or an issue caused by you.
- Your failure to follow the installation, operation, or maintenance instructions described in the setup/user’s manual.
- Damage(s) caused by Acts of God (storm, flood, earthquake, etc.), power failures or surges, actions of third parties, and any other event to the Server or the physical location of the stored data, outside InBody’s reasonable control or not arising under normal conditions.
- Cancellation. may cancel this ToS at any time by withdrawing your membership directly from the App’s Setup Menu. When you cancel your account under this ToS, you will also lose access to the App and to any new mobile data provided through the App or other Service.
- We may require your name, username, and/or phone number to confirm your identity and authorization to cancel your subscription.
- Following cancellation, we will not be held liable for:
- misunderstanding between our support representative and you; and/or
- no contact to our support representative by you
which results in a breach of your Personal Information and/or Personal Health Information.
- Please do not assume that your account has been canceled until you receive notice regarding confirmation of cancellation from InBody.
- You may reinitiate your subscription at any time after cancellation following renewal of this ToS and any other agreements as may be required.
- You further agree and understand that your cancelled account will be retained in a temporary archive for one (1) year following receipt of your notice of cancellation, during which time you are free to resume your subscription; you understand, however that following such one (1) year temporary account archive and suspension, your account will be permanently deleted and your data will become permanently unrecoverable.
V. Data Protection:
- You have the ability to review, analyze, edit, modify and delete information about your InBody Content.
- You are responsible for securing your Personal Information, exchanged content and media in your Custody and Control, according to the applicable law of your jurisdiction.
- You are responsible for all data that is inputted into the Site by you pursuant to your use of the Product, including the data that is transmitted through the Service. You represent and warrant that all data provided by you through the Site for processing or analysis is correct and true.
- You agree and understand that in the event your App subscription, including any trial versions, is cancelled or deleted, InBody shall nevertheless retain intellectual property rights to data provided/included in accordance with the terms and conditions in this ToS.
VI. Breach Notification and Incident Reporting
- Breach is defined as an impermissible use of disclosure under the Privacy Rule of Health Information Portability and Affordability Act (“HIPAA”) that compromises the security or privacy of Protected Health Information.
- Data Breach Detection and Responding Policies. We have technological and organizational measures in place to detect personal data Breach in our system.
- We have policies and procedures in place:
- to ensure that the personal data Breach is contained as soon as possible;
- to access the level of risk to data as soon as feasible;
- to inform you of the personal data Breach; and
- to notify supervisory authorities (applicable to your jurisdiction) and others of the Breach in accordance with applicable law.
- Notification To Supervisory Authorities – We will notify the supervisory authorities if deemed necessary according to HIPAA and its section 45 CFR §§ 164.400-414.
- If we determine that the Breach poses a real risk of significant harm to you, we will notify the Office of Inspector General in the prescribed form and manner and within the feasible amount of time after we determine that the breach has occurred.
Information We Collect
- Information We Collect from You:
- App: When you register for the App, we require the following information: your name, email address, telephone number, age, height, weight, and gender.
- Product: Our InBody Body Composition Analyzer collects multiple data points from you and outputs information such as BMI, PBF, Lean Body Mass, Skeletal Muscle Mass, and level of Body Water. Accessories connected to the InBody Body Composition Analyzer collect and output many different data points. Results from the device and accessories are pooled together and associated with your registered ID and/or telephone number. If you wish to be left anonymous and unidentifiable, you may use the Product as a Guest. Height, weight, age, and gender are still required from a Guest user to process the data. The storage of your data on the Server allows you to track changes over multiple tests and multiple Service(s). A Guest user may not be able to track their results. Also, depending on the model of the Product, additional body composition measurement information may be stored, such as visceral fat level, and leg lean mass.
- Wearable devices: Wearable devices track a user’s sleep, calories, activity, and steps. You have the option to measure additional functions such as activity time, distance traveled, and calories burned. You may also selectively choose to hide any of the functionalities (except battery, time, and body composition analysis) from the screen of the Wearable device. The Ranking system function, derived from the Wearable device, in the App is available to you for purposes of comparing steps and/or scores activity with friends and family who have this system available and turned on. This optional feature requires you to provide access to your contacts and opt-in to share results with the contacts through settings.
- As it pertains to the Personal Information that you share about yourself to InBody using InBody’s Service directly, you agree that no Protected Health Information is included, and HIPAA does not apply to such Personal Information.
- Information Collected Automatically: We may automatically collect the following information from your use of the Service(s) through cookies, web beacons, and other technologies: your domain name, browser type, operating system, web pages you view, links you click, your IP address, the length of time you visit our Site and/or use our App, mobile device, mobile number, and the referring URL, the webpage that led you to our Site, and other similar information. We may also have access to other data such as location, calls, mobile camera, photo gallery, and contacts, if you allow. Note that this information that is automatically collected does not include Protected Health Information.
- Cookies and Other Collection Tools: We may use our cookies and other collection tools to track information about your use of our Site and other Services, or to track aggregate and statistical information about your activity. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website, in this case the Site. When you visit the Site again, the cookie allows the Site to recognize your browser. Cookies may store user preferences and other information such as a login credential and/or password. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Other technologies are used for similar purposes as a cookie on other platforms where cookies are not available or applicable. Some cookies allow us to make it easier for you to navigate our Site and other Services, while others are used to enable a faster login process or to allow us to track your activities on our Site. All cookies are allowed by default, but you can adjust this setting and clear cookies for all sites or for certain pages. You can disable or remove first-party and third-party cookie information and data. If you remove cookies, things like saved preferences on websites might get deleted and some website features or services may not function as well. But if you prefer, you can edit your browser options to block them in the future. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and/or how to disable cookies altogether.
VIII. Use of Information
- Collection of Your Information: for You
- Personal Information is stored on the Server so that You can access data from the App.
- We may have access to your data generated by your mobile phone, with your consent. This may include accessing and using:
- Location – To allow your wearable device and phone to pair and report fitness level(s);
- Camera – To allow you to take and share pictures;
- Call – To make calls and to allow call notifications to be sent to your wearable Product;
- Gallery – To allow you to share your images; and
- Contacts – To allow you to track and rank your family and friends who use the App and the Product.
- Your email address is used to send a temporary password if App credentials are lost; it may also be used for other services related to your password to confirm your identity.
- Use of End User’s Information: by InBody
- To serve you:
- To provide support to inquiries made by you regarding the Service(s); In the case of an inquiry, name and/or ID will be used by us for identification purposes.
- To give access to third parties to process that Personal Information:
- Third parties that are affiliated with us may have access to Personal Information to process information and/or to provide services.
- When the information is entered on the Product (that is connected to the internet), App or the Site, it automatically gets uploaded on the Server. Access to the Server is open to InBody and its contracted affiliates for the same purposes as InBody.
- To serve you:
- Other Uses of Personal Information: Other uses and disclosures of Personal Information not covered by this ToS, and permitted by applicable laws that apply to us, may be made with your consent or where permitted or required by applicable law. If we are authorized or required to use or disclose Personal Information, you or your legal representative may revoke that authorization in writing at any time, except to the extent that we have taken action relying on the authorization or if the authorization was obtained as a condition of obtaining your account, or if we are legally required to make a particular use or disclosure of your information.
IX. Disclosure of Information: We may share Personal Information with the following entities for the purposes described below, provided that our sharing of Personal Information and their use of Personal Information complies with HIPAA and other applicable state and federal privacy laws:
- Business transfers: We may disclose Personal Information in connection with the sale, merger, sale of assets or reorganization of InBody or its affiliates. In such an event, all information will transfer to the acquiring company. Notice of such a transfer will be provided by posting to the Site or via another form of communication.
- Third Parties: We have a relationship with third-party service providers including, but not limited to, InBody Co., Ltd. They help us provide services to you, administer our business, and design, maintain, improve our Service(s), systems, procedures, protocols, and security. When we allow our contracted third-party service provider to have access to Personal Information, they are permitted to use it only for purposes that are consistent with this ToS. We ensure, through agreements in place, that these third parties have equivalent levels of protection established in their organizations for sturdy protection of such information. If a substantial change in our or any of our associate’s business model occurs that impacts the use of such information, updated terms will be provided. Below is the list of some of the third parties that may use Personal Information:
- Use of Personal Information: By InBody Co., Ltd.
- InBody Co., Ltd. may share aggregated, de-identified data that does not identify you with partners and the public, in various ways, such as by providing research or reports about health and fitness or in connection with contests, challenges, or other events.
- To administer and maintain the Server and thus the Personal Information contained therein;
- To provide the highest level of support, if needed, to understand and solve any issue that may arise.
- Improve InBody’s content;
- The collection of Personal Information also helps create, develop, operate, deliver, and improve Services.
- To track and respond to safety concerns and to further develop and improve Services.
- InBody Co., Ltd. may use the aggregated data, so they can administer and improve the Site, analyze trends and gather broad demographic information;
- InBody Co., Ltd. may also use the aggregated data for various business purposes, including Service development and improvement activities.
- Use of Personal Information: By InBody Co., Ltd.
- With Service Providers and Business Partners: We may collaborate with other companies and individuals to perform services on our behalf. Any such subcontractor will be treated with and under the compliance of 45 CFR § 164.502(b). Examples of providers include data analysis firms, credit card processing companies, customer service and support providers, email and SMS vendors, web hosting and development companies and fulfillment companies. Companies may also include our co-promotion partners for Services that we jointly develop and/or market with. These third parties may be provided with access to the Personal Information needed to perform functions for us, but the use will be subject to contracts and agreements in place that protect the confidentiality of the information. Third party integration with our Services, such as Site, may require access to the Personal Information in a non-traditional manner which will be subject to different terms.
- Law Enforcement: We may disclose and report to law enforcement agencies information related to activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that the release of your information may help protect the safety or property of any person or entity.
- Required or Permitted by Law: We may disclose your information to others as required or permitted by law. This may include disclosing your information to governmental entities, or pursuant to court orders, subpoenas, warrant, summons or similar process.
- Protection for Us and Others: We may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any individuals, violations of this ToS, or as evidence in litigation in which we are involved.
X. Data Retention and Deletion: We and our affiliates actively retain Personal Information for ten years for the purposes described above or as permitted or required by applicable law. Personal Information is aggregated when your account become inactive, as defined below, for ten years. When Personal Information is aggregated, Protected Health Information, name, ID, phone number, and email address are deleted permanently. Only the de-identifiable information is kept for development, improvement, and/or marketing purposes. Inactivity is defined by two requirements:
- When a user is not logged in on the App; and
- When a user is not using the Product.
- Inactivity or cancellation of the subscription does not impact access to previous test results or the test results produced by InBody wearable products. If you are continuously using the Product, your information will be retained until you become inactive for ten years or delete the information by request or otherwise.
- Data can be deleted if you manually delete the test results on the App or upon account expiration.
- Deleting records and Personal Information is permanent; however, please note that in some cases we may be required to retain certain information where permitted or required by law, including, without limitation, if such information is the subject of a legal dispute. InBody Co., Ltd. may wait for a certain time before permanently deleting your records or Personal Information in order to help avoid accidental or malicious removal of information.
- Backups: A Backup is defined as data stored that matches the data on a Product(s). The Backup will be maintained for the lifetime of your App account or active LookinBody Web account until data is permanently deleted from the account. Data may be stored in the Backup even after someone deletes an user account or information to avoid accidental or malicious deletion of information. After a reasonable time period has passed, the data will be deleted permanently or restored if requested. After the data is deleted permanently, the Backup will be deleted, subject to any legal requirements.
XI. Data Accuracy: InBody works hard to ensure that information is accurate. The method for updating Personal Information depends on the information source. Personal Information found on the App is entered by a user on the App or the Product.
- Your information which is deleted, updated, or added on the App is stored only on your phone.
- Any factors of the Personal Information that are dynamic (change frequently), for example Weight, Age or Phone Number, should be updated by you.
XII. Accessing and Correcting Personal Information: You have full authority to add, update, or delete any part of your Personal Information.
XIII. Children’s Privacy: We are mindful that the Services will be attractive and of benefit to potential users under the age of 18 or age of majority within the given jurisdiction, and it is our policy, regardless of the jurisdiction in which the user is located, to ensure that parents or legal guardians can monitor data collected in respect of such minor users. Our Service(s) is available to users who are below the age of 18 or local jurisdiction age of majority. The parent or legal guardian of any user aged below 18 years of age is required to consent to the collection and use of his/her child’s Personal Information and Personal Health Information at the time of registering and use of our Services. A parent or legal guardian of any child who has not attained 18 years of age or local jurisdiction age of majority can review his/her child’s Personal Information and Personal Health Information, ask to have it deleted, and refuse to allow any further collection or use of the minor’s information.
XIV. Safeguards: We work very hard to protect the data you provide. We take reasonable and appropriate measures to protect the data you submit, including physical, organizational, and technological security measures. Furthermore, we promise to never sell Personal Information. Please be aware, however, that the Internet is a global communications vehicle open to threats, viruses, and intrusions from others. By entering into this ToS, you acknowledge that unintentional data loss may occur despite the best efforts made in good faith by InBody and its third-party affiliates.
- The purpose of access and process by the third-party affiliates in different jurisdiction will remain consistent with this ToS. Processing and access may be possible from other countries whose data protection laws may differ from the jurisdiction in which you are located. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.
- Technical Safeguards: We use a variety of security measures, including encryption and authentication tools to help protect your information. Third parties, including, but not limited to, InBody Co., Ltd. utilize extended levels of security to protect the electronic data.
- Physical Safeguards: We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to our office. Third Parties such as InBody Co., Ltd. restrict their offices to authorized personnel only, also other forms of restriction are applied to enter the department with access to the Server.
- Administrative Safeguards: We restrict access to Personal Information and Personal Health Information to InBody employees, contractors, and agents who need to know Personal Information or Personal Health Information in order to process something for us. They are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Third parties are also required to limit the access to our Server(s) to authorized personnel only who use the information for the purposes indicated in this ToS.
- Incident Management: InBody and its third-party affiliates have developed a comprehensive incident readiness and response plan designed to identify the cause, extent and nature of an incident involving Personal Information and Personal Health Information and to allow timely reporting in accordance with our contractual terms or legal obligations.
XVI. Anti-Discrimination: We promise not to retaliate or discriminate against anyone exercising consumer rights under the California Consumer Protection Act or any other applicable consumer protection regulation, and we reserve the right to adjust our pricing based on services offered.
XVII. InBody’s Rights
- We are entitled at any time, without notice, to delete, disable or change your account and your right to access and use the App or any other Service in the event of your violation or suspected violation of this ToS or any applicable law
- The InBody Content and the Services, including all underlying technology and intellectual property rights embodied therein, are and remain InBody’s sole and exclusive property. You have Custody and Control of the functions of the Services provided to you, but the property rights belong to InBody. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by InBody or obtained from sources other than you.
- The InBody Content, the Service and their underlying technology are protected by copyright, trademark, patent, intellectual property and other applicable laws of the United States.
- Other than as expressly allowed herein, any commercial or promotional distribution, publishing or exploitation of the Services, or any content, code, data, or materials associated with the Services is strictly prohibited unless you have received the express prior written permission of InBody. Other than as expressly permitted herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any such content, code, data or materials. You further agree that, except as expressly allowed herein, you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Services. If you make other use of the Services, or the InBody Content, code, data or materials therein or available through the Services, except as otherwise provided above, you may violate copyright and other laws of the United States, as well as applicable provincial/territorial laws and may be subject to liability for such unauthorized use.
- We are not obligated to monitor access or use of the Service, InBody Content, or User Content or to review or edit any InBody Content or User Content, but we have the right to do so for the purpose of operating the Service, to ensure compliance with this ToS, and to comply with applicable laws or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law or this ToS. We reserve the right (but are not required) to remove or disable access to the Service, any InBody Content, or User Content at any time and without notice, and at our sole and absolute discretion, if we determine that the InBody Content, User Content or your use of the Service is objectionable or in violation of this ToS or any applicable law. We have the right to investigate violations of this ToS and any conduct that affects the Service.
- Additional terms and conditions may apply to contests and other promotions sponsored by InBody. It is your responsibility to carefully review those terms and conditions.
- We may at any time, in our own discretion and without notice, close, change, discontinue or reorganize any feature of component of the Services. We are not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Services. We reserve the right to determine the timing and content of any updates to the Services, including without limitation software updates, which may be automatically downloaded and installed by InBody without further prior notice to you.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INBODY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, INBODY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS. THE SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INBODY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT: (1) THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (2) THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (3) THE USE OF THE SERVICES WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (4) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICES WILL BE SECURE; (5) THE USE OF THE SERVICES WILL NOT INFRINGE UPON THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (6) THE USE OF THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SYSTEMS, SOFTWARE OR ELECTRONICS.
- COMMENTS OR OPINIONS EXPRESSED REGARDING THE SERVICES ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICES AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF INBODY. INBODY IS NOT RESPONSIBLE FOR, AND DISCLAIMS LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICES.
- SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY CAN BE LEGALLY OFFERED. THE SERVICES ARE NOT OFFERED OR SOLICITED BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT BE MADE LEGALLY.
- WE MAKE NO ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND ABOUT ANY INBODY SERVICE(S). NOTWITHSTANDING THE FOREGOING, INBODY MAY AT ANY TIME INVESTIGATE AND EDIT (INCLUDING ANONYMIZING) PROCESSED DATA IF SUCH ACTIONS ARE (1) PROMPTED BY THIRD PARTY REQUESTS; (2) REQUIRED UNDER APPLICABLE LAW; OR (3) NECESSARY FOR COMPLIANCE WITH THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF THE INBODY SERVICE(S). IF YOU RELY ON ANY INBODY SERVICE(S), YOU DO SO SOLELY AT YOUR OWN RISK.
- WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INBODY SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE INBODY SERVICE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU RELY ON ANY INBODY CONTENT OR THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
XIX. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER INBODY NOR THEIR RESPECTIVE SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE, SHALL BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR DAMAGES FOR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (1) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL); (2) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL); OR (3) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- IN NO EVENT WILL INBODY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO INBODY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO INBODY, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INBODY AND YOU.
XX. Indemnity: You will indemnify and hold harmless InBody and their respective, officers, directors, shareholders, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (1) your access to or use of the App and/or Services, (2) modification or deletion of any information related to you by you; (3) the termination or suspension of your account by you or at your request; (4) the termination or suspension of your account by us in connection with a breach of this ToS; (5) your breach of any representations, warranties or agreements made by you hereunder or (6) your breach of any other provision of this ToS. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
XXI. Term and Termination
- You may elect to disable and/or request the cancellation of your account and any and all associated data from the Services by submitting a written request via email to LBSupport@inbody.com. An email or phone request to cancel your account to any InBody representative alone will not constitute a proper request for cancellation. Your account will remain active until the end of the month following your receipt of a confirmation notice of cancellation from an agent of InBody.
- You will have the ability to modify or delete any and all data or InBody Content related to you.
- We may, at our sole and absolute discretion, terminate your ability to access and use the App and/or Services or cancel your account, at any time for any reason or no reason without notice or liability to you. If we do so, any rights granted to you herein will immediately cease.
- Your license to use the App and/or Service is subject to your compliance with any agreements that we may have with you for payment of fees, such as this ToS. If you default in payment of any fees to us or otherwise breach this ToS, we shall have the right to suspend your ability to use the App and/or Service and any ability to use the App or Service (whether through the Site, extension of the Site, Product, or otherwise), until such default or breach is cured to our satisfaction; we shall assume no liability for any damages stemming from such suspension.
- If you violate this ToS, we reserve the right to deactivate or cancel your account, at our sole and absolute discretion, at any time and without notice or liability to you. Upon any such cancellation, we may delete any data related to you and other information related to your account.
XXII. Dispute Resolution
- Governing Law: The resolution of any disputes between you and InBody arising out of or relating to this ToS or a breach thereof (collectively, the “Disputes”) shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
- Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against InBody, you agree to try to resolve the Dispute informally by contacting LBSupport@InBody.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within fifteen (15) business days after submission, you or InBody may bring a formal proceeding.
- Any unresolved Dispute shall be settled by binding arbitration administered by JAMS in accordance with its Streamlined JAMs Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If all parties to the Dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator. The arbitrator(s) will have no authority to award punitive, consequential, incidental or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The arbitration shall be held exclusively in Los Angeles County, California.
- No Class Actions: You may only resolve Disputes with InBody on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are hereby waived by the parties to this ToS.
- Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and InBody agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Los Angeles County, California. Both you and InBody consent to venue and personal jurisdiction of the courts there. We both agree to waive our right to a jury trial.
- Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim, or cause of action will be barred forever.
- Confidentiality: You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Disputes arbitrated under the arbitration clause in this ToS and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, shall not disclose such information or decision to any other person unless required to do so by law.
XXIII. Copyright Dispute Policy
- We respect the intellectual property rights of others and expect you to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate accounts of users who repeatedly infringe the copyrights of others. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and believe that any material available on or through the Services, including Applications, Products, InBody Content, Materials, User Content, posts or materials on user forums, or any other content (collectively referred to as “Disputed Content”), infringes upon your copyrights, you may report alleged copyright infringements by providing the information in the following Notice of Alleged Infringement (“Notice”) and delivering it to InBody’s Designated Copyright Agent identified below. Upon receipt of the Notice, we will take whatever action, in our sole and absolute discretion, we deem appropriate, including removal of the Disputed Content. If we remove or disable access in response to such a notice, we may in our sole discretion notify the owner or administrator of the Disputed Content. We reserve the sole and absolute right to remove any content, including without limitation any Disputed Content, from the Services at any time and for any reason.
- Please note that filing a report of intellectual property infringement is a serious matter with legal consequences. Any person who knowingly materially misrepresents that material or activity is infringing could be liable for damages. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. You acknowledge that if you fail to comply with all of the notice requirements below, your copyright notice may not be valid.
- Notice of Alleged Infringement. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice -you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found. Provide your mailing address, telephone number, and, if available, email address. Note that we may provide your contact information, including your name and email address, the name and address of the owner of the right in question, and/or the contents of your report to the person who posted the material you are reporting. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use or dealing).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to InBody:
Attn: Product Support
Biospace dba InBody Inc.,
13850 Cerritos Corporate Dr., Unit C,
Cerritos, CA 90703
XXIII. Trade Compliance: The export of any product and software purchased from InBody must be made in accordance with all relevant rules and regulations set forth by InBody. You are not allowed to export or be associated in any export of product(s) outside of the United States.
XXIV. Marketing: By entering into this ToS, you agree to be identified as an user of InBody, and you agree that InBody may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in InBody’s marketing materials and website. You hereby grant InBody a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names, trademarks, logos solely in connection with the rights granted to InBody pursuant to this marketing section.
XXV. Contact: For any inquiry, information, or request, unless otherwise specified in this ToS, please contact us at the following:
13850 Cerritos Corporate Dr. Unit C
Cerritos, CA 90703
- This ToS constitutes the complete and exclusive agreement between you and InBody concerning your use of the App and Services and supersedes and replaces all prior oral or written understandings, proposals, agreements or other communications between you and InBody regarding the Services provided by us. If for any reason a court of competent jurisdiction finds any provision of this ToS invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this ToS will remain in full force and effect.
- You may not assign or transfer this ToS, by operation of law or otherwise, without InBody’s prior written consent. Any attempt by you to assign or transfer any of the aforementioned without such consent will be deemed void. InBody may freely assign or transfer this ToS without restriction. Subject to the foregoing, this ToS will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Nothing contained in this ToS can be construed as creating any agency, partnership or other form of joint enterprise between you and InBody. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- Any notices or other communications provided by InBody under this ToS, including those regarding modifications to this ToS, will be given: (1) via email; or (2) by posting to the Site. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
XXVII. Links: The Site may provide links to other sites that provide information related to our App and Services. Once you link to another site, you are subject to the policies of the new site. You can also find a list of Services at our website InBody.com.
XXVIII. Update: We reserve the right to change and amend any part of this ToS at any time and without prior notice unless such change is deemed material to our relationship, in which case we shall provide notice to you, along with updates to this ToS. Details of these updates will be made available on the Site. We advise you check the Site from time to time to make sure that you agree with any changes and amendments. Your continued use of our Services constitutes your acceptance of this ToS and any updates.
You agree and acknowledge that you have read these Terms in their entirety and expressly consent to be bound to them in their fullest extent.
By registering, subscribing, and/or use of our Service, you agree to be bound to these Terms in their fullest extent.
If you are not of legal age of consent in your jurisdiction, you may not agree to these Terms and instead, you shall direct your parent or legal guardian to agree on your behalf. By registering and use of our Service, parent or legal guardian further agrees and acknowledges that parent or legal guardian has obtained, executed, and delivered to the Analysis Facility the appropriate parental consent and release forms.