Terms of Service

Body Breakthrough, LLC, d/b/a Body Breakthrough (“Body Breakthrough,” “we,” “our,” or “us”) is a smart health and wellness platform that combines computer vision, machine learning, and world-class trainers to deliver immersive workout experiences. This agreement explains the Terms of Service (collectively, our “Service”) by which you may use our websites, fitness equipment, accessories, and software solutions (our “app”). By creating and accessing a new Body Breakthrough account, you acknowledge that you have read, understood, and agree to be bound by these terms (this “Agreement), and use of your information as set forth in our Privacy Policy (our “Privacy Policy). We reserve the right to modify this Agreement and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access our Service (collectively, “Users”).

Our Service
Eligibility is a contract between you and Body Breakthrough. You must read and agree to this Agreement before using our Service. If you do not agree to this Agreement, you may not use our Service. You may use our Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Our Service is not available to any users we previously removed from our Service.

Access and Use
Subject to your compliance with the terms and conditions of this Agreement, you may access and use our Service solely for your personal, non-commercial use. We reserve all rights not expressly granted by this Agreement in and to our Service and our Intellectual Property (defined below). We may suspend or terminate your access to our Service at any time for any reason or no reason.

Restrictions
You will not, and you will not assist, permit or enable others to, do any of the following:

A. use our Service for any purpose other than as expressly set forth in Access and Use above;

B. disassemble, reverse engineer, decode or decompile any part of our Service;

C. use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Service;

D. copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Service or any of our Intellectual Property;

E. remove any copyright notices or proprietary legends from our Service;

F. use our Service in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Service or any other User’s use of our Service; or (iii) the behavior of other applications using our Service;

G. use our Service in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;

H. use our Service in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;

I. use our Service for benchmarking or competitive analysis of our Service;

J. attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Service;

K. transmit viruses, worms, or other software agents through our Service;

L. impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Service for any invasive or fraudulent purpose;

M. bypass the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service or the content therein, including without limitation features that prevent or restrict use or copying of any content;

N. identify us or display any portion of our Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights;

O. identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Service under this Agreement, without our express written consent.

User Accounts
Your account on our Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then
(i) “you” includes you and that entity;
(ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf;

By connecting to our Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another user's User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.

You may control certain aspects of your User Profile and how you interact with our Service by changing the settings in your Account Settings page within the app.

You acknowledge that you do not own the User Account you use to access our Service. Notwithstanding anything in this Agreement to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, user account history, and user account information residing on our servers, may be deleted, altered, moved, or transferred at any time for any reason in our discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on our servers.

Access and Use
As part of our Service, we will collect data, content and information, including video, audio and personal information, that you provide to us or that is collected by us via the Service, including without limitation as described in respect to our Privacy Policy. You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all User Data in order to provide and maintain our Service for you and, solely in anonymous or aggregate form, to improve our products and services and for our other business purposes (and any and all such derived data is deemed part of our Intellectual Property). In connection with your User Data, you affirm, represent and warrant that: (a) you have the written consent of each and every identifiable natural person in your User Data regarding such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (b) your User Data and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights. We take no responsibility and assume no liability for any of your User Data. You shall be solely responsible and indemnify us for your User Data.

Purchase of Fitness Equipment and Accessories
Purchases made of Body Breakthrough products and accessories may be made available on our website, app, and through various third-party distributors. Select Body Breakthrough Products may include a predetermined trial period of Body Breakthrough Premium subscription time.

All new Body Breakthrough products are covered by our 14-day warranty. If products are resold for any reason and are no longer in the possession of the original user, the subscription of the products do not transfer to subsequent users, and a new account and subscription must be created. Body Breakthrough assumes no liability for the condition of resold products.

In case of defect or malfunction, a replacement or repair of the device will be provided free of charge excluding shipping charges in the event one is required. All physical damage must be notated and shared with Body Breakthrough upon delivery. Body Breakthrough reserves the right to repair or replace devices at its sole discretion.

Changes to our Service
We may, without prior notice, change our Service; stop providing our Service or features of our Service, to you or to Users generally. We may permanently or temporarily terminate or suspend your access to our Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.

Upon termination for any reason or no reason, you continue to be bound by this Agreement.

Interactions with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User's action or inaction.

Our Intellectual Property
You acknowledge and agree that our Service and all materials and content displayed or made available on our Service, and all software, algorithms, code, technology and intellectual property underlying and included in or with our Service, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors' as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to submit, comment, or provide feedback about our Service, including without limitation about how to improve our Service or our products. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

Your Content
Some areas of the Service allow you to post content such as profile information, challenge information, comments, questions, and other content or information (“your Content”). We claim no ownership rights over your Content. Your Content remains yours; however, by sharing your Content through the Service, you agree to allow others to view, edit, and/or share your Content in accordance with your Privacy settings and this Agreement. We have the right in our sole discretion to remove any of your Content that is shared via the Service if deemed inappropriate or in violation of community guidelines.

Some areas of the Service allow you to post content such as profile information, challenge information, comments, questions, and other content or information (“your Content”). We claim no ownership rights over your Content. Your Content remains yours; however, by sharing your Content through the Service, you agree to allow others to view, edit, and/or share your Content in accordance with your Privacy settings and this Agreement. We have the right in our sole discretion to remove any of your Content that is shared via the Service if deemed inappropriate or in violation of community guidelines.

You agree that your Content will not include any content or materials that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that your Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but we are not obligated, to reject and/or remove any of your Content that we believe, in our sole discretion, violates these provisions.

Additional Terms for Body Breakthrough Software Applications
Our app is available for access via a mobile device. To use the app, you must have a mobile device that is compatible and meet the minimum requirements for the app on either Android or iOS devices. We do not warrant that the app will be compatible with your mobile device if it does not meet the necessary requirements. You may use mobile data in connection with the app and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the app for one User Account and up to five sub-profile accounts, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the app; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the app to any unknown third party; (iii) make any copies of the app; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the app, features that prevent or restrict use or copying of any content accessible through the app, or features that enforce limitations on use of the app; or (v) delete the copyright and other proprietary rights notices on the app. You acknowledge that we may from time-to-time issue upgraded versions of the app and may automatically upgrade the version of the app that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the app is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or any copy thereof. We or our third-party partners or suppliers retain all rights, title, and interest in the app (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement. You agree to comply with all United States and foreign laws related to use of the app and our Service.

Notifications Service Terms and Conditions
The Body Breakthrough notifications messaging service (the "Notifications") is operated by Body Breakthrough, (“we”, or “us”).

By consenting to Body Breakthrough's Notifications service, you agree to receive recurring SMS/text messages and push notifications from and on behalf of Body Breakthrough through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, workout reminders, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers.

You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Body Breakthrough. Your participation in this program is completely voluntary.

We do not charge for Notifications, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of Notifications at any time at the Account Settings page within the app.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you receive a new mobile number, you will need to update your mobile number within the app.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through Notifications, any errors in such information, and/or any action you may or may not take in reliance on the information in Notifications.

Charges and Payment
Billing Policies: By using the Service, you agree to our pricing and payment terms as we may update them from time to time. You acknowledge that the amount billed may vary due to changes in applicable fees, promotional offers and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.

Body Breakthrough Premium Subscription Plans
You will be required to pay Body Breakthrough the current per month charge plus applicable sales tax, beginning on the first day that your Premium Subscription Plan is activated (excluding trial periods). You agree to make payments, and we will automatically charge the payment method associated with your User Account (“Payment Method”), as described below, for so long as the subscription remains active, whether dictated by your commitment period or other.

We may change the fees or offer new services for additional fees and charges, at any time in our sole discretion. Any change to pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Premium Subscription Plans will continue until canceled in accordance with this Agreement. You are not entitled to a refund for any partial month in which you cancel, or any unused months of membership in the event you cancel your subscription.

Cancellation of Subscription
The Subscription will remain in effect from activation until it is canceled (by us or by you), as described below.

You may cancel the subscription at any time. Subscriptions purchased through the Apple App Store or through the Google Play Store are managed by the relevant third-party app provider and not managed through Body Breakthrough. Any subscriptions purchased directly through Body Breakthrough can be managed within the app under Membership settings.

Shipping and Returns
All products ordered will be delivered to the shipping address you provide. If Body Breakthrough provides an expected shipping date, such date is an estimate and subject to change. Body Breakthrough shall not be liable for any change to such expected shipping date. Your billing and shipping addresses may be different. Scheduled shipping and delivery dates are estimates only and cannot be guaranteed. We will make commercially reasonable efforts to ship the Body Breakthrough products to you by the scheduled delivery dates, but we are not liable, under any circumstances, for any losses, damages or penalties due to any delays in shipments or deliveries.

Privacy
We care about the privacy of our users. You understand that by using our Service you consent to the collection, use and disclosure of your personal information and aggregate and/or anonymized data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed.

Security
You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any or all of the following activities: We care about the integrity and security of your personal information. We use physical, managerial, and technical safeguards in its sole discretion to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Indemnity
You agree to defend, indemnify and hold harmless Body Breakthrough and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Data including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of our Service with your unique username, password or other appropriate security code.

Force Majeure and Disclaimer
Under the use of Body Breakthrough services, we may encounter risks such as force majeure, which may interrupt this service. Force majeure refers to events that cannot be foreseen, overcome, or avoided and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and storms, as well as social events such as war, riots, government actions, etc. When the above situations occur, Body Breakthrough will make every effort to cooperate with relevant bodies in a timely manner. However, Body Breakthrough shall not be liable for any losses incurred, to the extent permitted by law. Body Breakthrough shall not be liable for interruptions or impediments to services caused by the following circumstances:

i. Damage caused by computer viruses, Trojan horses, or other malicious programs, or hacker attacks.

ii. Failure of Body Breakthrough software, servers, and internet connections.

iii. Improper use of services.

iv. Other circumstances beyond the control or reasonable foresight of Body Breakthrough.

Governing Law, Arbitration
The establishment, validity, execution, interpretation, and resolution of disputes arising from this agreement shall be governed by the laws of the Republic of China, excluding conflicts of law principles. In the event of any dispute between you and Body Breakthrough, you agree to first attempt an amicable resolution; failing which, the dispute shall be submitted to the competent court where Body Breakthrough is located.

Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter with us in connection with our Service, shall constitute the entire agreement between you and us concerning our Service. None of our employees or representatives are authorized to make any modification or addition to this Agreement. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of our Service.

Contact Us
Please contact us at support@bodybreakthrough.io with any questions regarding the Terms of Service Agreement.