Terms of Service for Body Metric AI
Effective Date: October 26, 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the bodymetricai.com website (the "Website") operated by Body Metric AI ("us", "we", or "our").
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Website.
1. Acceptance of Terms
1.1. Agreement to Terms: By accessing, browsing, or using the bodymetricai.com Website, you, the user ("User" or "You"), signify your unequivocal agreement to be legally bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
1.2. Modifications: Body Metric AI reserves the exclusive right, at its sole discretion, to modify or replace these Terms at any time. Should a revision be material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Continued use of the Website after any such changes shall constitute your consent to such changes.
2. Acceptable Use
2.1. Lawful Purpose: You agree to use the Website solely for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party.
2.2. Prohibited Activities: You are expressly prohibited from:
- Engaging in any activity that is illegal, fraudulent, or harmful.
- Transmitting any material that is defamatory, offensive, or otherwise objectionable.
- Introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempting to gain unauthorized access to any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Website in a manner that sends more request messages to the Body Metric AI servers than a human can reasonably produce in the same period by using a conventional web browser.
- Collecting or harvesting any personally identifiable information from the Website.
- Impersonating any person or entity or misrepresenting your affiliation with a person or entity.
2.3. Accuracy of Information: You warrant that all information you provide to Body Metric AI, including any data submitted through the Website, is accurate, complete, and truthful.
3. Intellectual Property Rights
3.1. Ownership: All content, features, and functionality available on the Website, including but not limited to text, graphics, logos, images, software, and the compilation thereof, are the exclusive property of Body Metric AI, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2. Limited License: Subject to your compliance with these Terms, Body Metric AI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Website.
3.3. Restrictions: You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and ordinarily permitted through the Website's functionality.
4. Disclaimers and Limitation of Liability
4.1. Disclaimer of Warranties: THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BODY METRIC AI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. BODY METRIC AI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
4.2. Limitation of Liability: IN NO EVENT SHALL BODY METRIC AI, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
5. Termination
5.1. Termination by Body Metric AI: We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
5.2. Effect of Termination: Upon termination, your right to use the Website will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Governing Law and Jurisdiction
6.1. Applicable Law: These Terms shall be governed and construed in accordance with the laws of [Insert State/Country, e.g., the State of Delaware, United States], without regard to its conflict of law provisions.
6.2. Dispute Resolution: Any disputes arising out of or relating to these Terms or the Website shall be subject to the exclusive jurisdiction of the courts located in [Insert City, State/Country, e.g., Wilmington, Delaware, United States].
7. Miscellaneous
7.1. Entire Agreement: These Terms constitute the entire agreement between you and Body Metric AI regarding our Website, and supersede and replace any prior agreements, oral or otherwise, regarding the Website.
7.2. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
7.3. Waiver: No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Body Metric AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
7.4. Contact Information: For any questions concerning these Terms, please contact us at: [email protected].