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BODY ALIGN PRO® TERMS OF SERVICE

Last Updated: March 10,2019

These terms of service (“Terms”) apply to your access and use of Body Align Pro® (the “Service”). Please read them carefully.

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if you have questions about these terms of service, please let us know by emailing support@bodyalignpro.com.

Access to the Service

In order to access our software on Apple mobile devices or on our website, subscriptions may be purchased on the iTunes store or on our website.

Free Plan Subscription

The Free Plan is offered as a sampling of Body Align Pro®.  When you register, you are automatically enrolled in the Free Plan. Not all features are available with the Free Plan, such as exporting photos and videos.  There is 200 MB limited storage space available with the Free Plan.

Pro Plan Subscription

The Pro Plan includes 1 TB of storage. All features are accessible except the ability to add additional users/managers.

Enterprise Plan Subscription

The Enterprise Plan has 3 TB of storage and includes all of the features of the Pro Plan plus the ability to add up to 10 additional users/managers.

Billing

Month-to-Month Payment for the Pro Plan or the Enterprise Plan Subscriptions

The subscription service begins as soon as your payment is confirmed through the iTunes Store or our Website and will be auto-renewed every month. You will be charged the fee stated at the time of purchase monthly until you cancel. Once the fee has been charged for any given month, that charge is final and no refund is available. Subscription fees are subject to change—but we’ll always notify you beforehand. You can cancel by visiting your billing history page, account settings in your Apple ID account or by contacting Customer Support . You must cancel your subscription at least 24 hours before the auto-renew date to avoid the automated charge for the next monthly term.

Annual Payment of Pro and Enterprise Plan Subscriptions

The subscription service begins as soon as your payment is confirmed through the iTunes Store or our Website and will be auto-renewed annually. You will be charged the fee stated at the time of purchase annually until you cancel. Once the fee has been charged for the year, that charge is final and no refund is available. Subscription fees are subject to change—but we’ll always notify you beforehand. You can cancel an upcoming annual subscription renewal by visiting your billing history page, account settings in your Apple ID account or by contacting Customer Support. You must cancel at least 24 hours before the auto-renew date to avoid the automated charge for the next 12-month term.  

Additional Users/Managers Add-on for Enterprise Subscription

The extra user/manager add-on is only available with an Enterprise subscription. Monthly or Annual Payment options are available for the Extra Manager add-on. Maximum of 10 managers may be added. Fees for additional user/managers are non-refundable for the term paid. You can cancel an upcoming charge by visiting your history page, account settings in your Apple ID account or by contacting Customer Support. You must cancel at least 24 hours before the auto-renew date to avoid the charge for the next monthly or annual term, depending on what billing option you have selected.

FOR ALL SUBSCRIPTION PLANS, If you cancel your account, we cannot guarantee that your stored data will be retained for any length of time. This means that once you cancel your account, your data is marked for deletion from our servers.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button).

It is your responsibility to check Body Align Pro®  for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect and use information about users of the Service, please check out our privacy policy available at http://bodyalignpro.com/mobile-privacy-policy/.

Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Your Content & Conduct

You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.

You can remove the content by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for a maximum of 60 days and then delete them.

You may not post, link and otherwise make available on or through the Service any of the following:

  • Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  • Content that is illegal or unlawful, that would otherwise create liability;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
  • Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
  • Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
  • Create an account or post any content if you are not over 13 years of age years of age; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Body Align Pro® Materials

We put a lot of effort into creating the Service including the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Body Align Pro®  makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Unavoidable Legal Stuff

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL BODY ALIGN PRO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO BODY ALIGN PRO. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES, COSTS, PENALTIES, INTEREST AND DISBURSEMENTS) WE INCUR IN RELATION TO, ARISING FROM, OR FOR THE PURPOSE OF AVOIDING, ANY CLAIM OR DEMAND FROM A THIRD PARTY RELATING TO YOUR USE OF THE SERVICE OR THE USE OF THE SERVICE BY ANY PERSON USING YOUR ACCOUNT, INCLUDING ANY CLAIM THAT YOUR USE OF THE SERVICE VIOLATES ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTY, AND/OR YOUR VIOLATION OF THESE TERMS.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the California, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the California located in Santa Barbara, CA in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Entire Agreement

These Terms constitute the entire agreement between you and Body Align Pro® regarding the use of the Service, superseding any prior agreements between you and Body Align Pro® relating to your use of the Service.

Feedback

Please let us know what you think of the Service, these Terms and, in general, Body Align Pro. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Body Align Pro®, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address support@bodyalignpro.com.