Terms of Use

Effective as of March 17, 2020

These Terms of Use (“Agreement”) are a legal agreement between you (“You”) and Smart Innovation Lab, S.C. (“Company,” “we” or “us”) for the use of the website bodytracker360.com (Website), the Body Tracker 360° mobile application, the servers used by the application, the computer files stored on such servers, and all related services, features and content offered by the Company (collectively, the “App”).

1. Acceptance of terms

Please read this Agreement carefully. By creating an account or accessing or using the App, You acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, DONOT ACCESS OR USE THE APP.

By using the App, You understand and accept all the conditions established in the Agreement, in the Privacy Policy, as well as in the other documents incorporated into this document by reference.

2. Changes to the Agreement

We may modify this Agreement. We will notify you by email or through the App, presenting you a new version of the Agreement at least 5 (five) business days before the Agreement itself enters into force, for You to accept it. Your continued use of the App for more than 5 (five) business days after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

3. Medical services disclaimer

THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ABOUT THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

4. Registration in the App

To use the App, You will have to register and may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, and email address. This information will be held and used in accordance with our Privacy Policy, which can be found at bodytracker360.com/privacy-policy. You agree that you will supply true, accurate and complete information to the Company, and that you will update that information promptly after it changes.

You guarantee and respond, in any case, to the legality, veracity, accuracy, validity and authenticity of the personal information provided to the Company..

Simply browsing the Website does not require registration, however, You must abide by the Agreement without exception.

5. Eligibility to use the App

To create an Account and access the App, You must be at least 13 (thirteen) years old or 16 (sixteen) years old if you are a resident of the European Union. If You are not the required age, abstein to acces or use the App.

If You are under 18 (eighteen), your parent or guardian must review and accept the terms of this Agreement, and by creating the Account and using the App, confirm that your parent or guardian has so reviewed and accepted this Agreement. In these cases your parent or guardian will be responsible for teh access and use that You, as an under age, do of the App.

We reserve the right to limit the availability to users under the age of 18 (eighteen) of certain content in the App, in our sole discretion.

6. Your use of the App

Any content you submit through the App is governed by the Company’s Privacy Policy. To the extent there is an inconsistency between this Agreement and the Company’s Privacy Policy, these Agreement shall govern. If you submit a question or response through the App You are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas of the App.

The Company and its licensors are not responsible for the consequences of any communications in the public areas of the App. As a condition of using the App, You agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity about the App and you shall abide by all applicable regulation. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and You agree that you SHALL NOT:

а. Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;

b. Modify, reverse engineer, decompile or disassemble the App;

c. Copy, adapt, alter, modify, translate, or create derivative works of the App without written authorization of the Company;

d. Permit other people to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;

e. Circumvent or disable any technological features or measures in the App for protection of intellectual property rights;

f. Use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the intellectual property laws;

g. Use or access the App to compile data in a manner that is used or usable by a competitive product or service;

h. Use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

i. Use your Account to engage in any illegal conduct;

j. Upload media of any kind that contain expressions of hate, abuse, offensive images or obscenity, pornography or sexually explicit conducts, or any material that could give rise to any civil or criminal liability or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or

k. Upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the App.

You understand and agree that any such forbidden use will immediately terminate your license to use the App.

You acknowledge and accept that the use of the App is your sole responsibility, You undertake to remove the Company and its directors, managers, employees, agents, operators, representatives and/or officials in peace and safety with respect to any complaint, fine, demand and/or action by any authority or third party, derived from the negligent or inappropriate use of the App.

7. Children’s privacy

We are committed to protecting the privacy of children. You should be aware that this App is not intended or designed to attract children under the age of 13 (thirteen). We do not collect personally identifiable information from any person we actually know is a child under the age of 13 (thirteen).

If You are a European Union resident, you shall be at least 16 (sixteen) years old in order to use the App. We do not allow use of the App by the European Union residents younger than 16 (sixteen) years old. If You are aware of anyone from the European Union younger than 16 (sixteen) using the App, please contact us at support@bodytracker360.com and we will take steps to delete his/her Account.

8. Limited license to the App

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement. All rights, title, and interest in and to the App not expressly granted in this Agreement is reserved by the Company.

9. Intellectual property

The text, images, graphics, sound files, animation files, video files and, where appropriate, their modifications, established in the App are protected by the moral and economic rights of whoever provides them. All the content shown in the App is the property of the Company, or where appropriate it has the rights of reproduction or exploitation of the materials, so it is protected per the intellectual property laws in force in Mexico, including, but not limited to: trade name, brands, logos, trade dress, patents, industrial secret and trade notice.

You understand that the total or partial reproduction of the App and the use of the contents published in the App, without the prior written authorization of the Company, is expressly prohibited, which you can request at support@bodytracker360.com.

10. Notice and take down procedures

If you believe any materials accessible on or from the App infringe your intellectual property rights, you may request the removal of those materials (or access to it) from this App by contacting the Company and providing the following information at support@bodytracker360.com:

a. Identification of the material that you believe to be infringing and its location. Describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;

b. Your name, address, telephone number and email address;

c. A statement that you have a good faith belief that the use of the materials is not authorized;

d. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or are authorized to act on the intellectual property rights owner’s behalf;

e. A signature or the electronic equivalent from the intellectual property holder or authorized representative; and

f. In case of acting on behalf of the owner of the intellectual property rights, a copy of the document stating that said representation is legal.

11. License to user content

The App enables you to input personal notes, share your stories, and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share or log in the App.

By providing your User Content to the App, You:

a. Grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and

b. You agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses.

The Company reserves the right to review all User Content before submission to the App and to remove it any media for any reason, at any time, without prior notice, at our sole discretion.

12. Use at your own risk

Our goal is to help make certain health-related information more readily available and useful to you, however, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to serve the same purpose as a medical or scientific device.

13. Use by children disclaimer

THE INFORMATION WITHIN THE APP DOES NOT INCITE, INDUCE OR OTHERWISE PROMOTE ANY SEXUAL BEHAVIOR OR ACTIVITY AMONG CHILDREN. ALL INFORMATION PROVIDED WITHIN THE APP IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.

We carefully examine every material made available via the App to people between 13 (thirteen) and 17 (seventeen) in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what sexual information is admissible to children.

WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY ABOUT SEXUAL MATERIALS AND SEXUAL EDUCATION.

14. Subscriptions

The App offers subscriptions that grant you access to additional features. Some of our subscriptions include a free trial period, where you can experience the App at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription before the free trial ends.

We offer monthly, biannual and annual subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Play after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until cancelled in the Manage Subscriptions section of your Account settings. We will notify you if the price of subscription increases and, if required, seek your consent to continue.

15. Body Tracker 360° Community

Body Tracker 360° Community (the “Community”) is a special feature of the App that allows users to communicate with each other on a set of different predetermined topics related to health and fitness. All user comments in the Community are posted anonymously. If you delete your Account, your comments will remain visible to other users of the Community.

As a user of the Community, You shall not:

a. Leave rude, harassing, insulting, provocative, discriminating, non-tolerant, religious, racist, political, homophobic, or offensive comments;

b. Post abusive, offensive, obscene, pornographic, sexually explicit images or any other materials (including links to such materials) may be in conflict with this Agreement;

c. Provide any medical advice or claim to be a healthcare professional;

d. Advertise any product or service.
At our sole discretion, we reserve our right to:

a. Delete any inappropriate or irrelevant comments or materials;

b. Delete or modify comments containing personal data, such as name, address, or email;

c. Restrict or ban your access to the Community at any time and without notice if we determine that the content or use of the Community is in violation of this Agreement;

d. Use, copy, modify, reshuffle, move, change, publicly display, publicly conduct and distribute comments, and materials;

e. Block your comments for any reasons or moderate them as we deem appropriate;

f. Disable the Community at any time without prior notification.

Any information posted in the Community shall not be considered as advice, drug prescription, or treatment suggestion. If in doubt about your health, consult a licensed healthcare professional. Please bear in mind that our users are not healthcare professionals and their recommendations may not only be inaccurate, but also harmful to your health and well-being.

THE COMPANY DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS IN THE COMMUNITY.

16. Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your App passwords or Account. It is your sole responsibility to:

a. Control the dissemination and use of your username and passwords;

b. Authorize, monitory, and control access to and use of your App Account and password;

c. Promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at support@bodytracker360.com.

In the event that you lose your username and/or password of the App, you must immediately notify the Company to start the recovery procedure, which will be carried out via email at support@bodytracker360.com.

17. App availability

The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.

THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

The company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:

a. The app will be secure or available at any particular time or location;

b. Any defects or errors will be corrected;

c. Any content or software available at or through the app is free of viruses or other harmful components; or

d. The results of using the App will meet your requirements.

18. Limitation of liability

IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.

19. Third party services

The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.

20. Your feedback

We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

21. Monitoring

We are not obligated to monitor access or use of the App, however, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to authorities and pursuant to valid legal process, we may cooperate with authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the App is in violation this Agreement.

22. Changes to the App

We may change, expand and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to You.

23. Cookies, web beacons and other technologies

The Company uses cookies, web beacons and other technologies through which it is possible to monitor your behavior, such as providing you with a better service and experience when browsing our App. You can accept or reject the use of these tracking technologies by get into the App or adjusting the settings of your Internet browser.

24. Cession of rights and obligations

The rights and obligations generated by virtue of the use of the App and the acceptance of the Agreement may not be assigned in part or in full by you. In the event that the Company makes any assignment to third parties, it must notify them in writing by means of the email that it has registered on the App and no later than 5 (five) business days after the assignment.

25. Inquiries and claims

You may submit via email sent to the address support@bodytracker360.com your requests for consultation, claims, disagreements and complaints, and should, where appropriate, attach them with the documentation that serves as support.

26. Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your violation of this Agreement.

27. Severability

No waiver of by the Company of any term or condition set forth in this Agreement 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 the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

28. Contact

The Company has its offices located at the following address: Patria Avenue, Number 2085, Interior Suite M00, Floor M, Puerta de Hierro Suburb, ZIP 45116, Zapopan, Jalisco.

Likewise, it informs you that you may contact the Company through the following:
Phone: 33 2154 9618.
Website: https://bodytracker360.com/
Email: support@bodytracker360.com

29. Jurisdiction and applicable law

Any dispute arising out of this Agreement will be governed by the laws of the United Mexican States. THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING THAT ARISES OR IS RELATED TO THIS AGREEMENT WILL BE IN A COMPETENT COURT OF THE STATE OF JALISCO, SO YOU WAIVE ANY OTHER JURISDICTION.

Any cause of action that you may have regarding your use of the App must be initiated within 1 (one) year after the claim or cause of action arises.