What Every Woman Needs to Know to Achieve Her Desired Body Composition Goals

Non-Disclosure Agreement

The Recipient hereto desires to participate in discussions regarding InBody API  ( Application Programming Interface ) through LookinBody Web, ( the “ Transaction ” ). During these discussions, Disclosing Party may contribution certain proprietorship information with the Recipient. Therefore, in consideration of the reciprocal promises and covenants contained in this Agreement, and other good and valuable retainer, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows :
1. Definition of Confidential Information .
( a ) For purposes of this Agreement, “ Confidential Information ” means any data or information that is proprietorship to the Disclosing Party and not generally known to the populace, whether in tangible or intangible phase, whenever and however disclosed, including, but not limited to : ( i ) any selling strategies, plans, fiscal information, or projections, operations, sales relate documents, occupation plans and performance results relating to the past, present or future clientele activities of such party, its affiliates, subsidiaries and affiliate companies ; ( two ) plans for products or services, and customer or supplier lists ; ( three ) any scientific or technical information, invention, design, process, procedure, rule, improvement, technology or method ; ( intravenous feeding ) any concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications, calculator software, source code, object code, hang charts, databases, inventions, data and trade wind secrets ; and ( five ) any early data that should sanely be recognized as confidential data of the Disclosing Party. Confidential Information need not be novel, singular, patentable, copyrightable or constitute a trade privy in order to be designated confidential Information. The Receiving Party acknowledges that the Confidential Information is proprietorship to the Disclosing Party, has been developed and obtained through great efforts by the Disclosing Party and that Disclosing Party regards all of its Confidential Information as trade secrets
( bel ) Notwithstanding anything in the forfeit to the contrary, confidential Information shall not include data which : ( one ) was known by the Receiving Party anterior to receiving the confidential information from the Disclosing Party ; ( bacillus ) becomes rightfully known to the Receiving Party from a third-party informant not known ( after diligent inquiry ) by the Receiving Party to be under an obligation to Disclosing Party to maintain confidentiality ; ( degree centigrade ) is or becomes publicly available through no fault of or failure to act by the Receiving Party in rupture of this Agreement ; ( vitamin d ) is required to be disclosed in a judicial or administrative go, or is differently requested or required to be disclosed by law or regulation, although the requirements of paragraph 4 hereof shall apply anterior to any disclosure being made ; and ( einsteinium ) is or has been independently developed by employees, consultants or agents of the Receiving Party without violation of the terms of this Agreement or reference or access to any Confidential Information.

2. Disclosure of Confidential Information .
From time to time, the Disclosing Party may disclose Confidential Information to the Receiving Party. The Receiving Party will : ( a ) limit disclosure of any Confidential information to its directors, officers, employees, agents or representatives ( jointly “ Representatives ” ) who have a want to know such confidential information in connection with the current or study business relationship between the parties to which this Agreement relates, and only for that purpose ; ( b ) advise its Representatives of the proprietary nature of the Confidential Information and of the obligations set away in this Agreement and require such Representatives to keep the Confidential Information confidential ; ( speed of light ) shall keep all NON-DISCLOSURE AGREEMENT Page 2
confidential Information rigorously confidential by using a reasonable degree of worry, but not less than the degree of care used by it in safeguarding its own confidential information ; and ( vitamin d ) not disclose any Confidential Information received by it to any third base parties ( except a otherwise provided for herein ) .
Each party shall be responsible for any breach of this Agreement by any of their respective Representatives .
3. Use of Confidential Information .
The Receiving Party agrees to use the Confidential Information entirely in connection with the stream or study business relationship between the parties and not for any purpose early than as authorized by this agreement without the prior written consent of an authorized representative of the Disclosing Party. No other right or license, whether expressed or implied, in the Confidential Information is granted to the Receiving Party hereinafter. title to the Confidential Information will remain entirely in the Disclosing Party. All use of Confidential Information by the Receiving Party shall be for the benefit of the Disclosing Party and any modifications and improvements thereof by the Receiving Party shall be the sole place of the Disclosing Party. nothing contained herein is intended to modify the parties ’ existing agreement that their discussions in promotion of a electric potential business relationship are governed by Federal Rule of Evidence 408 .
4. Term .
This Agreement shall remain in consequence for a annual terminus ( submit to a one year extension if the parties are still discussing and considering the transaction at the end of the second base year ). Notwithstanding the predate, the parties ’ duty to hold in confidence Confidential Information that was disclosed during term shall remain in effect indefinitely .
5. Remedies .
Both parties acknowledge that the Confidential information to be disclosed hereunder is of a singular and valuable fictional character, and that the unauthorized dispersion of the Confidential Information would destroy or diminish the respect of such information. The damages to Disclosing Party that would result from the unauthorized dispersion of the Confidential Information would be impossible to calculate. therefore, both parties hereby agree that the Disclosing Party shall be entitled to injunctive relief preventing the dissemination of any Confidential information in misdemeanor of the terms hereof. such injunctive relief shall be in addition to any early remedies available hereinafter, whether at law or in equity. Disclosing Party shall be entitled to recover its costs and fees, including reasonable attorneys ’ fees, incurred in obtaining any such relief. Further, in the event of litigation relating to this Agreement, the prevailing party shall be entitled to recover its reasonable lawyer ’ sulfur fees and expenses .
6. Return of Confidential Information .
Receiving Party shall immediately return and redeliver to the other all real material embodying the Confidential Information provided hereunder and all notes, summaries, memoranda, drawings, manuals, records, excerpts or derivative data deriving there from and all other documents or materials ( “ Notes ” ) ( and all copies of any of the waive, including “ copies ” that have been converted to computerize media in the form of picture, data or news march files either manually or by visualize capture ) based on or including any confidential information, in whatever shape of storage or recovery, upon the earlier of ( one ) the completion or result of the dealings between the parties contemplated hereinafter ; ( two ) the result of this Agreement ; or ( three ) at such meter as the Disclosing Party may indeed request ; provided however that the Receiving Party may retain such of its documents as is necessary to enable it to comply with its text file retentiveness policies. alternatively, the Receiving Party, with the written consent of the Disclosing Party may ( or in the case of Notes, at the Receiving Party ’ s choice ) immediately destroy any of the foregoing embodying confidential Information ( or the sanely non-recoverable data erasure of computerize data ) and, upon request, certify in writing such destruction by an authorized officeholder of the Receiving Party supervising the destruction ). NON-DISCLOSURE AGREEMENT Page 3
7. Notice of Breach .
Receiving Party shall notify the Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information by Receiving Party or its Representatives, or any early breach of this Agreement by Receiving Party or its Representatives, and will cooperate with efforts by the Disclosing Party to help the Disclosing Party regain possession of Confidential Information and prevent its far unauthorized use .
8. No Binding Agreement for Transaction .
The parties agree that neither party will be under any legal duty of any kind any with regard to a transaction by virtue of this Agreement, except for the matters specifically agreed to herein. The parties further admit and agree that they each reserve the mighty, in their sole and absolute discretion, to reject any and all proposals and to terminate discussions and negotiations with esteem to a transaction at any meter. This agreement does not create a joint venture or partnership between the parties. If a transaction goes forward, the non-disclosure provisions of any applicable transaction documents entered into between the parties ( or their respective affiliates ) for the Transaction shall supersede this Agreement. In the event such provision is not provided for in said transaction documents, this Agreement shall control .
9. Warranty .
Each party warrants that it has the correct to make the disclosures under this Agreement. NO WARRANTIES ARE MADE BY EITHER PARTY UNDER THIS AGREEMENT WHATSOEVER. The parties acknowledge that although they shall each attempt to include in the Confidential Information all information that they each believe relevant for the determination of the evaluation of a Transaction, the parties understand that no representation or guarantee as to the accuracy or completeness of the Confidential Information is being made by either party as the Disclosing Party. Further, neither party is under any obligation under this Agreement to disclose any Confidential data it chooses not to disclose. Neither Party hereto shall have any indebtedness to the other party or to the other party ’ south Representatives resulting from any practice of the Confidential Information except with respect to disclosure of such confidential data in violation of this Agreement .
10. Miscellaneous .
( a ) This Agreement constitutes the stallion understand between the parties and supersedes any and all prior or coetaneous understandings and agreements, whether oral or written, between the parties, with obedience to the subject matter hereof. This agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought .
( b ) The robustness, construction and performance of this Agreement shall be governed and construed in accord with the laws of California applicable to contracts made and to be wholly performed within such submit, without giving consequence to any battle of laws provisions thence. The Federal and country courts located in California shall have sole and exclusive legal power over any disputes arising under the terms of this Agreement .
( degree centigrade ) Any failure by either party to enforce the other party ’ randomness stern performance of any provision of this Agreement will not constitute a release of its correct to subsequently enforce such provision or any other provision of this Agreement .
( d ) Although the restrictions contained in this agreement are considered by the parties to be reasonable for the determination of protecting the confidential Information, if any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and setting as will render it enforceable. If it can not be so modify, rewritten or interpreted to be enforceable in any obedience, it will not be given effect, and the end of the Agreement will be enforced as if such provision was not included .
( vitamin e ) Any notices or communications required or permitted to be given hereunder may be delivered by hand, deposited with a nationally recognized nightlong carrier wave, electronic-mail, or mailed by certified mail, NON-DISCLOSURE AGREEMENT Page 4
retort receipt requested, postage postpaid, in each case, to the address of the other party first indicated above ( or such other addressee as may be furnished by a party in accord with this paragraph ). All such notices or communications shall be deemed to have been given and received ( a ) in the encase of personal delivery or electronic-mail, on the date of such pitch, ( barn ) in the case of manner of speaking by a nationally recognized nightlong carrier, on the third business day following dispatch and ( vitamin c ) in the case of mail, on the seventh business day following such mailing .
( fluorine ) This agreement is personal in nature, and neither party may immediately or indirectly delegate or transfer it by operation of law or otherwise without the anterior written accept of the early party, which consent will not be unreasonably withheld. All obligations contained in this Agreement shall extend to and be binding upon the parties to this Agreement and their respective successors, assigns and designees .
( deoxyguanosine monophosphate ) The receipt of Confidential Information pursuant to this Agreement will not prevent or in any way limit either party from : ( iodine ) modernize, making or market products or services that are or may be competitive with the products or services of the other ; or ( two ) leave products or services to others who compete with the other .
( heat content ) Paragraph headings used in this Agreement are for character only and shall not be used or relied upon in the interpretation of this Agreement .

Business Partner Agreement

Terms and Conditions of the Business Partnership Agreement (“Agreement”)

Introduction:
This Agreement serves as a counterpart to, and is deemed execute concurrently with, the LookinBody Web API Terms of Use and the LookinBody Web API Privacy Policy agreed to by you ( “ Customer ” or “ you ” or “ your ” ) and Biospace, Inc., DBA InBody ( “ InBody ” or “ we ” or “ our ” ) ( jointly, the “ Parties ” ). This agreement is as a formalization of Customer and InBody ’ second commercial enterprise partnership regarding an application program interface ( “ API ” ) provided to you by InBody in relation back to your use of certain InBody Services, as defined below .
You agree to the trace :
Definitions:
1. Site – InBody data management web site and/or extension of such web site ( south ), including, but not limited to, hypertext transfer protocol : //usa.lookinbody.com .
2. Service ( s ) – InBody ’ s consistency constitution analysis devices, including, but not limit to the professional devices at the Analysis Facility, and its accessories, including home consumption and wearable soundbox musical composition analysis devices ( the “ Products ” ) ; ( two ) InBody-provided applications that give access to a Facility User, and Facility User authorized individuals, to view, add, update, or delete data ( jointly, the “ App ” ) ; ( three ) the Site ; ( four ) the datum, analyses and other contentedness contained in, or collected, processed, analyzed, generated or delivered by a Product, the App, or the Site, including without limitation, any body writing data, text, graph, calculations, copy, audio, video recording, photograph, illustrations, images, graphics and other visuals ( the “ InBody Content ” ) ; and ( five ) other related InBody products and/or services .
3. Analysis Facility – a business, an association, an enterprise, or an administration which provides use of Service ( s ) ; or a facility where the Service ( s ) is located
4. End User – refers to an individual, patient or a member who receives use of the Service ( s ) from you and/or Analysis Facility .
5. Facility User – an employee, a congressman or a staff member of the Analysis Facility .
6. “ personal Information ” means any data that is about an identifiable individual, this will include, but not be limited to, data such as the following – Name, Birth Date/Age, Physical Description, Medical History, Gender, and ocular Images such as photograph, and videotape where individuals may be identified .
7. “ Personal Data Breach ” means a rupture of security system leading to the accidental or unlawful destruction, personnel casualty, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or differently processed by either Party or its respective subsidiaries, affiliates, and/or partners .
Purpose:
Customer is to operate our Services to access Customer ’ s clients information, which includes analysis Facilities. InBody owns and operates certain
Services, features of which Customer wishes to incorporate into Customer ’ sulfur business model. As such, the Parties have agreed to enter into this Agreement and be bound to its terms a well as the LookinBody Web API Privacy Policy, LookinBody Web API Terms of Use, and any other agreements that InBody may require, all of which shall be deemed integrate and made separate of, by reference or differently, this Agreement .
Payment :
An active subscription to the LookinBody Web servicing is required to utilize the API feature. Per the Terms of Use of the LookinBody Web servicing and according to the latest fee structure, you agree to pay InBody the trace, as it may apply to you ; please note that some of these costs and fees may not apply to you :
1. a erstwhile $199.00  set-up and facility fee ;
2. a Pay-Per-Month recurring fee of $25.00/month  per InBody device for the manipulation of InBody ’ mho Services ;
3. a Pay-Per-Month recurring fee of : $99.00/month  for use of an Executive Account ; and
4. a $35.00  interlinking fee for multiple LookinBody Web accounts and/or InBody devices .
You further agree to maintain all requital information current and that failure to do so will be subject to the belated payment provisions below. Payments are for a default of two Staff Member logins and one Administrator login ; any extra logins will be charged an extra monthly monetary value. Any extra costs added to your poster will be discussed with you. If you have any questions about your charge cycle and/or your logins, please contact our support representative .

  1. A. Waived Fee: Customer may have fees permanently or temporarily waived by InBody, but may be assessed fees at a later date, at InBody’s sole discretion; Customer may terminate this Agreement if Customer disagrees with the assessed fees.
  1. B. No Refunds: You agree and understand that no refunds will be issued for any cancellation of the Services.
  1. C. Late Payment: If payment is late, or is dishonored for any reason, Customer will be assessed a late fee of USD $99.00. If the account is forwarded to a collection agency, Customer will be assessed an additional twenty-five percent (25%), which will be added to the total amount due. If payment by company/personal check is returned, Customer will be liable for a charge of USD 25.00 returned check fee. Customer is liable for any returns on credit card payment at a rate of three percent (3%) of the total amount due. In the event of any payment default, Customer agrees to pay any and all reasonable attorney fees and costs of collection to the extent permitted by law. This Section shall be enforced in accordance with the laws of the State of California, Los Angeles County.
  1. D. Back Pay: Customer understands that Services, including access to End User information and InBody Content, may be suspended upon Customer’s failure to provide timely payment under this Agreement. However, InBody reserves the right to permit Customer to provide retroactive back pay and access to such suspended Services, End User information, and InBody Content generated during that time, if any, following Customer’s entry into a payment plan and timely payments to InBody under that payment plan.

InBody Warranty Terms, Conditions and Exclusions:
1. You agree and understand that you are responsible for any or all risks arising from the function of the API. InBody disclaims any early warranties, including but not restrict to the warranties of merchantability, seaworthiness for specific purposes, and implied guarantee regarding possession or non-infringement, whether express or implied, to the maximum extent permitted by applicable law .
2. You agree and understand that you will take all available best efforts to ensure that Analysis Facilities using the Site and/or any Services are in good stand and persist in beneficial stand with all applicable entities, including InBody .
3. subscribe for any issues related to the API will be provided by InBody to you until this Agreement is terminated .
4. The Parties agree and understand that Personal Information collected from an end User will remain in your detention and master, unless differently agreed to between you and InBody or you and another third-party ; however, and notwithstanding anything to the reverse, InBody will retain access to the Personal Information lone for such purposes described in the LookinBody Web API Privacy Policy and LookinBody Web API Terms of Use and End Users will retain access and ownership rights to all Personal Information accessible via the Site .
5. Issues arising from the accuracy or access of the Personal data by the End User will be addressed by End User to you and, if issues continue to arise or be introduce, you will process such issues to us for support .
6. Issues arising from the habit or functions of the API by you shall be directed to us for digest. InBody provides no undertake to a solution for any topic .
7. guarantee for the API applies to the support provided to you through earphone, e-mail, remote control access, or any early virtual help. Cases that may require in-person digest do not apply .
8. InBody reserves the right to contract third base parties for support related purposes .

    1. 9. InBody shall not provide support to any Service or the API when damage or malfunction results from: a. Customer abuse, misuse, negligence, or an issue caused by the End User.
    2. b. Customer fails to follow the installation, operation, or maintenance instructions described in the setup/user’s manual.
    3. c. 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.
    4. 10. You may terminate this Agreement at any time by contacting our support representative, at which point you and all your clients will lose all API capabilities. a. Certain Personal Information, such as a Facility User’s name, username, and/or phone numbers may be required to confirm your identity and terminate this Agreement.
      1. b. Although our cancellation process is automated for your convenience, you will be provided, upon your request, with certain steps by our support representative during termination to ensure the security of the Personal Information at your Analysis Facilities. The i. technical or mechanical error from your Analysis Facilities or its device(s), regardless of ownership status of those devices;
      2. ii. misunderstanding between our support representative and you;
      3. iii. your failure to contact our support representative; and/or
      4. iv. failure to following instructions.
      5. c. If you are a pay-per-month subscriber, you must terminate at least three (3) calendar days before the renewal date of your account to avoid next month’s charges; failure to do so may result in the subsequent month’s fee being charged to you.
      6. d. Please do not assume that your account has been canceled until you receive a confirmation of cancellation by our representative. e. You may reinitiate the Service anytime you want after cancellation.

Parties agree that InBody shall not be held liable for any transmission of the End User ’ s Personal information from your analysis Facilities, even after the end point, caused by :
Marketing:  By entering into this Agreement, you agree to be identified as a drug user of InBody, and you agree that InBody may refer to you by name, deal identify and trademark, if applicable, and may describe your business in InBody ’ s marketing materials and web site. You hereby concede InBody a fully-paid, irrevocable, ceaseless, global license to use your list and any of your deal names, trademarks, logos entirely in connection with the rights granted to InBody pursuant to this selling section .

LookinBody Web API Privacy Policy

You, the non-InBody signer to this privacy Policy, an Analysis Facility, as defined below, are entering into this privacy Policy ( “ Policy ” ) with Biospace, Inc., DBA InBody ( “ InBody ” ) regarding the Services, as defined below. This policy states how we collect, use, disclose, and protect the Personal information that an End User and/or a Facility User provides us using the Service ( second ). This policy is made counterpart to, and is deemed execute concurrently with, the Terms of Service for API and a Business Partnership Agreement entered between End User and InBody .
If you are a California house physician, please besides review our  California Privacy Act Addition, which is how our privacy policy pertains specifically to California residents and businesses .
If you are a New York country resident, please besides review our New York Privacy Act Addition, which is how our privacy policy pertains specifically to New York state residents and businesses .
end User harmonize to the succeed :
I. Definitions
A. End User – An person, patient or a customer who receives or uses the Service ( s )
B. Analysis Facility – A business, an association, an enterprise, or an constitution that provides the use of the Service ( s ) and a facility where the intersection or the Site is located
C. Facility User – An employee, a spokesperson or a extremity of the Analysis Facility
D. Facility Administrator ( Admin ) – The employee or an associate of the Facility who is in bang of the Site ’ s explanation and has a higher degree of authority than the Staff extremity
E. Staff Member – An employee or an companion of the Facility who uses the Site but has limited access
F. 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 data that is a subset of health information including demographic information collected from an individual that : ( 1 ) is created or received by a health caution provider, health plan, employer, or health wish clearinghouse ; ( 2 ) relates to an individual ’ mho past, portray, or future physical or mental health or circumstance, the provision of health caution to the individual, or the by, present, or future payment for the provision of health worry to an individual ; ( 3 ) identifies the individual or for which there is fair 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 .
G. Personal Information – End User ’ s non-public information which InBody receives through End User ’ mho function of the Service that can be used, alone or in combination with other data in InBody ’ sulfur possession, to identify a particular individual. It may include information such as name, e-mail address, telephone count and early personal data the End User provides InBody and it may include Protected Health Information that an individual provides to the Covered Entity
H. Covered Entity – The definition of the Covered Entity remains the same as in 45 CFR § 160.103 of HIPAA
I. Aggregated or De-Identified Information – data that does not identify End User as a specific individual
J. Custody – When personal information or Protected Health Information or early information regarding an end user or Facility User is transmitted to and maintain within our server
K. Control – When Personal data or Protected Health Information or other information regarding an end exploiter or Facility User can be viewed, added, edited, deleted, and or transferred by InBody for the purposes described in this policy
L. In this policy, the words “ InBody ”, “ we ”, “ us ” and “ our ” refers to Biospace Inc. DBA InBody
M. In this policy, the words “ End User ” and “ End User ’ s ” refers to the non-InBody signer to this Policy, an end user
II. Services We Provide
This policy applies to the trace :
A. InBody ’ s body composition analysis devices and its accessories ( the “ Products ” ) ;
B. InBody-provided applications that gives End User access to view, lend, update, or delete data ( jointly, the “ App ” ) ;
C. InBody data management web site ( s ) and/or an elongation of the web site ( sulfur ), including, but not limited to, the API and the LookinBody App ( jointly the “ Site ” ) ; and
D. The datum, analyses and other capacity collected, processed, analyzed, generated or delivered by a Product, the App, or the Site, including without limitation, text, graph, calculations, copy, audio, video, photograph, illustrations, images, graphics and other visuals ( the “ InBody Content ” ) ( all jointly, the “ Service ” or “ Services ” ) .
III. Information We Collect
A. Information We Collect from an End User:
1 ) App : When an end User registers for the App, we require the surveil information : end User ’ randomness identify, electronic mail address, telephone total, senesce, height, slant, and sex .
2 ) product : Our Body Composition Analysis Device collects multiple data points from End User ’ mho body and output information such as BMI, PBF, Lean Body Mass, Skeletal Muscle Mass, level of Body Water etc. Accessories connected to the InBody Body Composition Analyzer may collect and output signal many different data points. Results from the device and the accessory are pooled together and associated with End User ’ s registered ID and/or call number. If End User wishes to be left anonymous and unidentifiable, End User may use the Product as a Guest. Height, system of weights, long time, and gender are hush required from a Guest exploiter to process the data. The repositing of End User ’ s data on the waiter allows them to track changes over multiple tests and multiple Service ( s ). A guest user may not be able to track their results. besides, depending on the model of the Product, extra body composition measurement information may be stored, such as visceral fatness level, leg lean mass etc .
3 ) wearable devices : clothing devices track End User ’ second sleep, calories, natural process, steps, etc. End User has the option to use different functions such as End User ’ south activity fourth dimension, distance traveled, and calories burned. End User may besides selectively choose to hide any of the functionalities ( except battery, clock, and body musical composition psychoanalysis ) from the screen of the clothing device. The ranking system function, derived from the clothing device, in the App is available for End User to compare End User ’ s steps and/or scores activity with End User ’ s friends and family who have this system available and turned on. This optional feature requires End User to provide access to the contacts and opt-in to share End User ’ s results with End User ’ s contacts through settings. To know more about ranking system and the different functions of the wearable device, please refer to the “ Terms of Service for End User ” .
4 ) As it pertains to the Personal information that End User share with InBody using InBody ’ randomness Service directly, without an Analysis Facility, End User agree that no Protected Health Information is included, and that HIPAA does not apply to such personal information .
B. Information We collect from an Analysis Facility:
An Analysis Facility may be asked to provide InBody with Personal information of Facility Users who may access the Site. such data can include their full identify, telephone number, electronic mail address, and date of birth. The Staff member is a sub-tier explanation to the Admin account with express access to the Site. Each Analysis Facility may have a unlike staff social organization, and the grade of access to the End User ’ sulfur information, will be determined by InBody at our exclusive discretion by reference to the Facility User ’ sulfur responsibility and function at the Analysis Facility. A Facility User ’ s personal information is used to create report logins for the Site during the creation of an Administrator account and/or Staff extremity bill. The Facility User is responsible for the accuracy of the information, any changes or updates on the account, and the confidentiality of the login credentials for the Site. A Facility User may be asked to provide identifiable information to InBody if they call in for support .
C. Analysis Facility – Covered Entity
In the event that a Covered Entity purchases the LookinBody Web Subscription, InBody becomes its Business Associate and both parties must comply with Privacy and Security Rules of HIPAA. An psychoanalysis facility that is a cover Entity hereby represents and warrants to InBody that such Analysis Facility has obtained the necessary Authorization Form, to ensure that such Analysis Facility has consent to disclose each end User ’ s Personal information and Personal Health Information which shall comply with HIPAA and early applicable state and federal privacy laws. The Covered Entity that discloses the Personal Health Information to InBody must enter into and comply with terms of a mutually agreeable Business Associate Agreement .
D. Information Collected Automatically
We may automatically collect the surveil information from End User ’ second use of the Service ( s ) through cookies, network beacons, and other technologies : End User ’ s world name, browser type, operating system, web pages End User view, links End User chink, End User ’ s IP address, the duration of time End User visit our Site and/or practice our App, mobile device, mobile phone number, and the referring URL, the web page that led End User to our Site etc. We may besides have access to other data such as placement, calls, mobile camera, photograph gallery, and contacts, if End User admit. notice that this information that is mechanically collected does not include Protected Health Information .
E. Cookies and Other Collection Tools
We may use our cookies and other collection tools to track information about End User ’ randomness use of our Site and other Services, or to track sum and statistical information about User action. A cookie is a small file containing a string of characters that is sent to End User ’ s computer when End User visit a web site ; in this case the Site. When End User visit the Site again, the cookie allows that site to recognize End User ’ s browser. Cookies may store drug user preferences and other information such as a login certificate and/or password. End User can reset End User ’ s browser to refuse all cookies or to indicate when a cookie is being sent. other technologies are used for alike purposes as a cookie on other platforms where cookies are not available or applicable. Some cookies allow us to make it easier for End User to navigate our Site and other Services, while others are used to enable a faster login process or to allow us to track End User ’ randomness activities on our Site. All cookies are allowed, by default, but End User can adjust this set up and clear cookie for all sites or for certain pages. End User can disable or remove first-party and third-party cookie information and datum. If End User remove cookies, things like save preferences on websites might get deleted and some web site features or services may not function ampere well. But if End User prefer, End User can edit End User ’ s browser options to block them in the future. The serve fortune of the toolbar on most browsers will tell End User how to prevent End User ’ s browser from accepting new cookies, how to have the browser advise End User when End User receive a new cookie, and/or how to disable cookies all in all .
F. Misc.
The application of this privacy Policy is subject to the necessitate equipment ( s ) and lotion ( s ) to upload and/or download the data to and from our waiter and is subject to the requirements or provisions of any applicable federal and submit legislation, federal
and state regulations, agreements or the rule of any court or other lawful authority. All Analysis Facility Users, and InBody employees and contractors, with access to End User ’ s Personal Information are required to comply with this privacy Policy .
IV. Use of Information
A. Use of End User’s Information: by Analysis Facility
1 ) To track user ’ south performance at that Analysis Facility such as full measure of body fat lost, sum amount of thin body mass gained, etc .
2 ) To track total users and the Facility ’ s performance such as such as total tests, existing users, newfangled users, etc. This allows Facility Administrator to track how well their analysis Facility is doing
3 ) To serve End User :
a. To provide End User with End User ’ s Personal Information such as End User ’ randomness BMI, PBF ( Percent Body Fat ), Lean Body Mass, Body Water, BMR, Systolic and Diastolic Blood pressure measurements etc .
boron. To help achieve End User ’ randomness goal, End User ’ sulfur Analysis Facility may assign a Facility User ( s ) to chat with End User. This extra feature of speech is provided to help End User stay connected with End User ’ south adviser. Any changes or updates to the assigned adviser should be discussed with the Analysis Facility
4 ) We collect information such as earphone number, ID, name, or aesculapian history to categorize the datum for the Analysis Facility and to allow End User to track End User ’ s progress easily when End User participate in different challenges .
B. Collection of End User’s Information: for the End User
1 ) goal User ’ s Personal Information is stored on the server for End User ’ s public toilet, so end User can access End User ’ s data from App
2 ) We may have access to some of End User ’ s data generated by End User ’ s mobile earphone, with End User ’ south accept, to allow End User to take wide advantage of the App and the Product. This may include accessing and using :
a. location – To allow End User ’ s clothing device and earphone to pair and report seaworthiness flush ( s )
b-complex vitamin. camera – To allow End User to take pictures and share with the Facility User
c. Call – To make calls to a Facility User and to allow call notifications to be sent to End User ’ sulfur wearable product
d. Gallery – To allow End User to plowshare End User ’ s images with the Facility User
e. Contacts – To allow End User to track and rank End User ’ s kin and friends who use the App and the product
3 ) End User ’ s e-mail address is used to send End User a impermanent password if and when End User forget End User ’ second credentials for the App ; it may besides be used for other services related to End User ’ mho password to confirm End User ’ second identity. End User have to manually confirm the custom of End User ’ s e-mail for any of these services
4 ) We may send End User an electronic message through e-mail or SMS where we take end User ’ s consent in accord with the applicable police
C. Use of End User’s Information: by InBody
1 ) To serve End User :
a. To provide support to inquiries made by End User or the Analysis Facility regarding the Service ( s ) ; In the case of an inquiry, appoint and/or ID will be used by us for designation purposes
2 ) To give access to third parties to process that personal information :
a. third parties that are affiliated with us may have access to End User ’ s Personal Information to process information and/or to provide End User services
boron. When the information is entered on the Product ( when it is connected to the Internet ), App or the Site, it mechanically gets upload on the Server. Access to the Server is loose to InBody and its sign affiliates for the same purposes as InBody
a. When we share End User ’ s Personal Information with any such third party we make surely they have allow safeguards in station for the protection of End User ’ s Personal information and Personal Health Information so that the subcontractors and/or business consort are in conformity with HIPAA and early applicable state and federal privacy laws .
D. Other Uses of Personal Information
other uses and disclosures of Personal Information not covered by this policy and permitted by the applicable laws that apply to us may be made with End User ’ sulfur accept, End User ’ s written authority or that of End User ’ south legal spokesperson, or where permitted or required by applicable police. If we are authorized to use or disclose personal information about End User, End User or End User ’ mho legal representative may revoke that authority in writing at any time with the Analysis Facility, except to the extent that we have taken action relying on the mandate or if the authorization was obtained as a condition of obtaining End User ’ randomness account, or if we are legally required to make a particular use or disclosure of End User ’ sulfur information. End User should understand that we will not be able to take back any disclosures we have already made with End User ’ s mandate .
V. Disclosure of Information
We may partake End User ’ s Personal Information, with the comply entities for the purpose described below provided that our share of End User ’ s Personal Information and their habit of End User ’ s Personal Information complies with HIPAA and other applicable country and federal privacy laws .
A. Business transfers:
We may disclose Personal Information in connection with the sale, amalgamation, sale of assets or reorganization of InBody or its affiliates. In such an event, End User ’ mho data will transfer to the acquiring company. Notice of such a transportation will be provided by posting to the Site or via another form of communication .
B. Third Parties:
We have a relationship with third-party military service providers including, but not specify to, LookinBody Company and InBody Co., Ltd. They help us –
a. supply services to End User ,
b. administer our business, and
c. design, uphold, improve our Service ( s ), systems, procedures, protocols, and security .
When we allow our shrink third-party service provider to have access to End User ’ s Personal Information, they are permitted to use it only for purposes that are reproducible with this policy. We ensure, through agreements in stead, that these third base parties have equivalent level of protective covering established in their organizations for sturdy auspices of End User ’ randomness data. If a substantial deepen in our or our associates ’ business model occurs, that impacts the manipulation of End User ’ south data, an update privacy policy will be provided. Below is the list of some of the third gear parties that may use End User ’ s personal information :
1 ) Use of Personal Information: By LookinBody Company
LookinBody Company reserves the right to use personal information :
a. To administer and maintain the Server ;
bacillus. To provide the highest level of support, if needed, to understand and solve any publish that may arise from End User or the Analysis Facility ;
c. Improve InBody ’ randomness content
i. The collection of Personal Information besides helps create, develop, operate, deliver, and improve Services .
two. To track and respond to safety concerns and to further develop and improve Services
d. LookinBody Company may use the aggregate data, so they can administer and improve the Site, analyze trends and assemble broad demographic information
i. The LookinBody Company may besides use the aggregate data for assorted business purposes including Service development and improvement activities
2 ) Use of Personal Information: By InBody Co., Ltd.
a. InBody Co., Ltd. may partake or sell aggregated, de-identified, data that does not identify End User, with partners and the public in versatile of ways, such as by providing inquiry or reports about health and fitness or in connection with contests, challenges or another event. When they provide this information, they perform appropriate procedures so that the data does not identify End User .
C. With Service Providers and Business Partners:
We may collaborate with early companies and individuals to perform services on our behalf. Any such subcontractor will be treated with and under the conformity of 45 CFR § 164.502 ( b ). Examples of providers include data analysis firms, citation card action companies, customer overhaul and confirm providers, electronic mail and SMS vendors, web host and development companies and fulfillment companies. Companies may besides include our co-promote partners for Services that we jointly develop and/or market with. These third gear parties may be provided with access to the Personal Information needed to perform functions for us, but the practice will be submit 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 data in a non-traditional manner which will be subject to different set of Terms .
D. Law enforcement:
We may disclose and report to law enforcement agencies information related to activities that we sanely believe to be unlawful, or that we sanely believe may aid a law enforcement probe into unlawful natural process. In addition, we reserve the right to release End User ’ s information to law enforcement agencies if we determine, in our lone judgment, that the passing of End User ’ s information may help protect the guard or property of any person or entity .
E. Required or Permitted by law:
We may disclose End User ’ s information to others as required or permitted by jurisprudence. This may include disclosing End User ’ s data to governmental entities, or pursuant to court orders, subpoenas, guarantee, summons or alike process .
F. Protection for Us and Others:
We may disclose the information we collect from end Users where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving electric potential threats to the guard of any individuals, violations of our Terms or this policy, or as tell in litigation in which we are involved .
G. Data That End User May Direct us to Share
End User can direct us to share End User ’ s data with other parties or users. For case, End User may authorize us to parcel End User ’ s data with other conclusion Users through the mobile App, with End User ’ s employer as share of a health program or with other
end Users or analysis Facilities in association with End User ’ randomness engagement in contests, challenges or other events. End User may besides direct us to plowshare End User ’ s Personal Information with any other third-party app or web site which will be subject to different fixed of terms and conditions .
VI. Consent
A.  Unless we determine that we require an extra accept for specific Service ( s ) or any other newfangled function, End User harmonize and accept that we may collect, use, share, or otherwise process End User ’ s Personal Information in accordance with this policy .
B.  End User ’ s consent denotes that End User has read the Policy in its entirety and understand the collection, manipulation and disclosure of End User ’ s Personal information in our organization .
C.  In most cases, end Users have the ability to withdraw End User ’ s accept. however, because of regulative requirements imposed upon us, or contractual obligations End User have with us, there are certain circumscribed circumstances where End User may not withdraw End User ’ s accept to the collection, habit or sharing of End User ’ s Personal Information. If End User choose not to provide us with certain Personal data, or where End User have withdrawn End User ’ s accept, we may not be able to offer End User the Services or information that End User requested or that could be offered to End User. For example, if End User bow out End User ’ s consent to use personal information such as slant, acme, or gender, it will be impossible for the InBody Body Composition Analysis Device to test End User ’ s composing. personal information will not be disclosed without the consent of the individual, except to the extent permitted by applicable law in following cases :
1 ) contact relating to Service inquiries or repairs
2 ) Requests for disclosure for legitimate legal reasons
3 ) When necessity to protect biography, health, place or other full of life interests of the End User
4 ) When a remove of Personal Information is judged necessary to continue serve in the event of changes to the service supplier for model : a company amalgamation
5 ) early disclosures required or permitted by applicable law .
VII. Data Retention and Deletion
We and our affiliates actively retain personal information for ten-spot years for our relationship for the purposes described above or as allow or required by union police. collection of data will take place after ten years of End User ’ mho inactivity. End User ’ s Personal Information is aggregated when End User are dormant on the App AND have not used the Product for ten years. When End User ’ second information is aggregated, End User ’ mho Protected Health Information, diagnose, ID, telephone number, and electronic mail address, is deleted permanently. only the de-identifiable information is kept for development, improvement, and/or selling purposes. Inactivity is defined by two requirements :
1 ) When end Users are inactive ( have not logged in ) on the App
2 ) When end Users have not used the product at the facility
inaction or cancellation of the subscription by the Analysis Facility from the Product or the Service does not impact End User ’ s access to previous examination results or the quiz results produced by InBody clothing products. If an end User is endlessly using the Product, End User ’ mho information will be retained until End User become inactive for ten years or deletes the information by making a request to the Facility .
Data can be deleted ( one ) if an administrator of the Site deletes the datum or account on the Site ; or ( two ) if End User manually delete the test results on the App ( which does not mean that data has been deleted on the Facility ’ s Site ) .
To delete End User ’ s Personal Information permanently, End User must talk to End User ’ sulfur Administrator or Staff Member to delete End User ’ s information. analysis Facility has Custody and Control over data that was acquired at their adeptness. however, if End User does not have a Facility and End User uses personal or home use device ( s ) independently, End User may delete End User ’ s test results or withdraw End User ’ s report to permanently delete End User ’ randomness explanation and information therein .
Deleting records and Personal Information is permanent ; however, please eminence that in some cases we may be required to retain certain information where permitted or required by law, including without restriction if such information is the subject of a legal dispute. LookinBody Company may wait for a certain clock time before permanently deleting End User ’ south records or personal information in orderliness to help avoid accidental or malicious removal of End User ’ randomness information .
A. Backups
A Backup is defined as data stored that matches the datum on the Analysis Facility ’ sulfur Services. The Backup will be maintained for the duration of the End User report or LookinBody Web active account until data is permanently deleted from the bill. Data may be stored in the Backup tied after person deletes an end User account or data to avoid accidental or malicious deletion of End User ’ randomness 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 .
VIII. Data Accuracy
InBody works hard to ensure that the information within its Custody and Control is accurate. however, the End User should be argus-eyed of the accuracy of their own Personal information. The method acting for updating Personal Information depends on the data source. personal information comes from one of the follow :
1 ) Entered by End User on the App or the product
2 ) Entered by the Analysis Facility on the Site or the product
Information End Users delete, update, or add on the App is stored only on an end User ’ s phone, viewable to End User, and will impact End User ’ s manually inputted screen results, Personal Use device, and wearable device results. It is in our custody but Controlled by End User. If End User wishes to update End User ’ s Personal Information on any other device, End User should consult End User ’ sulfur Analysis Facility or personally update it on the device. Any change to End User ’ s Personal Information will not impact End User ’ s previous tests .
Any factors of the Personal information that are dynamic ( changes frequently ) for exercise Weight, Age or Phone Number, should be updated by End User or the Analysis Facility consequently. As the Analysis Facility and End User have full authority to change or update any region of the Personal Information, InBody and its affiliates do not take province for test results and/or decisions made, based on the inaccurate Personal information .
IX. Accessing and Correcting Personal Information
End User and the Analysis Facility have full moon assurance to add, update, or delete any function of End User ’ s Personal Information. Yet End User may request access or discipline of End User ’ s Personal information to us. To access or request correction of End User ’ s Personal Information, please contact us at Info @ InBody.com. We may require End User to verify End User ’ s identity before allowing End User to access End User ’ s Personal Information. We may decline End User ’ s access because of security or legal reasons but End User can submit a written request to us and we will try to address the issues a soon as potential .
X. Children’s Privacy
We are mindful that the Services will be attractive and of benefit to potential users under the age of 18 or local historic period of majority and it is our policy, regardless of the country in which the Analysis Facility is located, to ensure that parents or legal guardians can monitor data collected in deference of such users. Our Service ( randomness ) is available to End Users who are below the age of 18 or local anesthetic age of majority. The parent or legal defender of any End 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. When End User accept to this policy, if applicable, End User consent to the collection, use, and disclosure of Personal Information and Personal Health Information of End User ’ s child. A rear or legal defender of any child who has not attained 18 years of age or local age of majority can review his/her child ’ s Personal information and Personal Health Information, necessitate to have it deleted, and refuse to allow any far solicitation or use of the child ’ second data from the Analysis Facility .
XI. Safeguards
We work very hard to protect the data End User provide. We take reasonable and appropriate measures to protect the data End User submit, including physical, organizational, and technical security measures. furthermore, we promise to never sell your personal information. Please be mindful, however, that the Internet is a ball-shaped communications fomite candid to threats, viruses, and intrusions from others. By accepting this policy, the End User and Analysis Facility each admit that unintentional data loss may occur despite the efforts made in good faith by InBody, its third-party affiliates, or an analysis Facility .
The determination of access and process by the third-party affiliates in different countries will remain coherent with this Policy. Processing and access may be possible from early countries whose data security laws may differ from the legal power in which End User live. As a result, this data may be topic to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. If End User are an Analysis Facility or a Facility User, End User represent and justify to InBody that End User attained all necessary consent and provided all necessity notices as required by applicable laws for the purposes of this policy .
A.  Technical Safeguards
We use a variety of security measures, including encoding and authentication tools to help protect End User ’ second information. Third parties, including, but not limited to, LookinBody Company utilize gallop levels of security to protect the electronic data .
B.  Physical Safeguards
We review our information collection, storage and serve practices, including physical security measures, to guard against unauthorized access to our office. third Parties such as LookinBody Company restrict their offices to authorized personnel entirely, besides early forms of limitation are applied to enter the department with access to the server .
C. 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 club to process something for us. They are subjugate to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. third parties are besides required to limit the access to our server ( second ), to authorized personnel only, who use the information for the purposes indicated in this policy .
XII. Incident Management
InBody and its third-party affiliates have developed a comprehensive incident set 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 .
XIII.  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 good to adjust our price based on services offered.

XIV.  Terms and Conditions
End User ’ s continued use of our Services, and any disputes arising from them, is submit to this policy vitamin a well as our Terms. Please visit our Terms, which explain other terms governing the use of our Services .
XV.  Links
The Site may provide links to other sites that provide information related to our Services. once End User yoke to another site, End User are discipline to the privacy policy of the fresh locate. End User can besides find a number of Services at our web site www.inbodyusa.com .
XVI. Update
We reserve the proper to change and amend any partially of the Policy at any meter and without prior notice. Details of these updates will be made available on the Site. We advise End User check the Site from meter to time to make sure that End User agree with any changes and amendments. End User ’ s continued consumption of our Services constitutes End User ’ s adoption to this Policy and any updates. This policy is incorporated into the Terms of Service for End User ( if End User are an End User ) and the Terms of Service for Analysis Facility ( if End User are a Facility User ) .
XVII. Contact Information
If End User have any questions or comments regarding this policy, our information treat practices, or any early aspects of End User ’ s privacy and the security of information, please send an e-mail to Info @ InBody.com or contact us at
InBody USA
Attn: Legal and Business Affairs
13850 Cerritos Corporate Dr., Suite C
Cerritos, CA 90703

LookinBody Web API Terms of Use

1. Introduction

1.1 About Us and These API Terms of Use
You agree that by using the InBody chopine, you are agreeing to enter into a legally binding contract  with Biospace Inc. DBA InBody ( “ we, ” “ us, ” “ our, ” and “ InBody ” ) .
By submitting an API key for a software application, web site, InBody product, or service you offer ( an “ Application ” ) at the InBody developer site hypertext transfer protocol : //apiusa.lookinbody.com ( the “ Developer Site ” ), you acknowledge that you, your clients and users are in beneficial resist and understand and agree to be bound by these InBody API Terms of Use ( the “ Terms ” ) .
If you are developing in junction with our platform, or using our platform, on behalf of a company or other entity, you represent and warrant that you have broad legal authority to register an application on behalf of that entity and bind it to these Terms. If you are not authorized, you may not accept the Terms or register an application for person else .
As used in these Terms, “ API ” means programmatic web API, software and other functionality and their consort tools and documentation that InBody makes available on the Developer Site .
When you develop in conjunction with the InBody platform ( “ Developer ” ), you acknowledge that you have besides agreed to our Business Partner Agreement and Privacy Policy and that these Terms are in accession and relating specifically to your use of our API .
If you are using the InBody platform as a customer facility ( “ Analysis Facility ” ), you acknowledge that you have besides agreed to our privacy Policy and that these Terms are in addition and relating specifically to your use of our API .
1.2 Scope and Intent
InBody makes API available to Developers and Analysis Facilities as follows :
( 1 ) “ Self-Serve API Program ” where you can develop Applications using our API that is available to you immediately upon registration for an API key on our Developer Site ; or
( 2 ) “ Vetted API Program(s) ” where you can develop Applications using our API that are available only to developers that meet the applicable Vetted API Program eligibility criteria and have agreed to these Terms and Business Partner Agreement, as defined below, which is incorporated by reference into the Terms. alone a Developer can apply for a vet API Program .
With respect to a Vetted API Program, these Terms shall apply except where there is battle with the applicable Business Partner Agreement, in which case such Business Partner Agreement shall control .
1.3 Developer Documentation
Your use of our API and expose of Content in your application must comply with the technical software documentation, use guidelines, call option volume limits, and other software documentation maintained at the Developer Site or differently made available to you ( in concert, the “ Developer Documentation ”, which are expressly incorporated into these Terms by
mention ). “ Content ” means any data or contented from our Services or accessed via the API. “ Services ” means usa.lookinbody.com and early InBody-related sites and refer apps, communications and services and technology .
In the event of any dispute between the Developer Documentation and these Terms, these Terms shall control .
1.4 Self-Serve API Program Eligibility Criteria
In addition to your conformity with the other requirements and obligations set forth in these Terms, you may participate in the Self-Serve API Program and display Content retrieved via the applicable API in your application if :
1.you are developing an application designed to help InBody record conclusion users ( “ Member ” ) utilize, access, and understand their information more promptly, efficaciously, and efficiently ; or2.your application DOES NOT make more than 500 day by day calls to each person API end point .

2.Access to the APIs

2.1 Application Registration
To begin using the API, please inaugural contact your InBody Representative for promote information. You will be asked to agree to these Terms along with any early agreements that InBody may require. Following that, you must sign-in to https : //apiusa.lookinbody.com using your LookinBody Web report ’ randomness username and password, and then submit an API samara .
You agree that we can use, memory, and plowshare information submitted by you to InBody in connection with your application to contact you, for attribution purposes, handling inquiries from Members or likely Members about your application, for other purposes under these Terms ( for exercise, we may email you with updates regarding the developer broadcast ), and as differently permitted in our privacy Policy. You acknowledge that if you share the touch information of your employees or freelancer contractors with us, we may contact them in accord with these Terms .
2.2 Access Credentials
once you have successfully registered an report, the report holder will receive a ratification e-mail to be given access to your API credentials for your Application. “ Access Credentials ” means the necessity security system keys, secrets, tokens, and early credentials to access the applicable API. The Access Credentials enable us to associate your API activity with your application and the Web account using it. All activities that occur using those access credentials are your responsibility. You agree that InBody shall not be deemed liable for any activities occurring under those Access Credentials. Keep your Access Credentials secret. Do not sell, contribution, transportation, or sublicense them to any early party other than your employees or independent contractors in accordance with Section 3.1 below. Do not try to circumvent them and do not require your users to obtain their own Access Credentials to use your Application ( for example, in an attempt to circumvent call limits ) .
2.3 Test Profiles
You may create up to one hundred test profiles for purposes of testing your lotion entirely. You must create the profiles manually and not via automated means, such as scripts .
quiz profiles must be standard member profiles .
You shall delete all test profiles upon completion of testing .
2.4 API License
subject to your complaisance with these Terms, we grant you a limited, non-exclusive, non-sublicensable (except to independent contractors so they may host, develop, test, operate, modify or support your Application in accordance with Section 3.1),  non-transferable, non-assignable license under InBody ’ s intellectual property rights during the Duration (as defined in Section 11.1, below)  ( a ) to use the API to develop, test, function and support your application ; ( b ) to distribute or allow entree to your integration of the API within your application to end users of your Application ; and ( c ) to display the Content accessed through the API within your application .

3. Use of API and InBody Content

3.1 General Restrictions
In accession to the other terms and conditions in these Terms, except american samoa expressly set forth herein, you agree not to do the succeed :
a.  Implement features or business practices, or use the API or Content in a room, that may harm Members ;
b.  Disclose or provide the API or Access Credentials to any person or entity other than to your employees or independent contractors, provided ( 1 ) such employees or independent contractors enter into an agreement with you at least as protective of InBody ’ randomness rights as this Agreement, and ( 2 ) you hereby agree to be responsible for, and liable to InBody for, any breaches of such agreements by such employees or freelancer contractors ;
c.  Impersonate a Member or facility in order to gain access to information and data available through InBody ’ s network, Services, or Content ;
d.  Use the API or Content for any illegal purposes, or in any manner which would violate these Terms, or breach any laws or regulations regarding privacy or data auspices, or violate the rights of third parties or expose InBody or its users to legal liability ;
e.  Remove any legal, copyright, brand or other proprietary rights notices contained in or on materials you receive or access pursuant to these Terms, including, but not restrict to, the API, the Developer Documentation, and the Content ;
f.  Sell, lease, share ( with the exception of making the Content available to users through the Application ), transfer, sublicense or otherwise make available any Content, directly or indirectly, to any third party ( e.g. you may not sell InBody measurement data or access to lapp ), including, but not limited to, any data broke, ad network, ad exchange, or other ad monetization-related party ;
g.  Use the Content for any other function other than to allow your users to use the Content in your application ;
h.  Use any Content in any advertisements or for purposes of targeting advertisements specifically to any individual user ( whether such advertisements appear in the Application or elsewhere ), or to generate mass messages, promotions or offers ;
i.  Make any statements or use any API or Content in a manner that expresses or implies that you, your application or your use of the Content is sponsored or endorsed by InBody ( for example, you must not submit or in any way entail that InBody has “ verified ” or “ confirmed ” the veracity of any Content ) ;
j.  Use any API in any manner that, as determined by InBody in its reasonable discretion, constitutes abusive usage ;
k.  Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of any API ;
l.  Provide functionality that proxies, requests or collects InBody usernames or passwords ;
m.  Copy, adjust, reformat, reverse-engineer, disassemble, decompile, decipher, translate or otherwise modify any API, Access Credential, Content, Services, InBody Brand Features or early information or service from InBody, through automated or early means ;
n.  Use Content in any manner that facilitates bias or prejudiced practices, including data “ redlining, ” whether intentional or accidental, based on any sensible or legally protect categories or characteristics ;
o.  Try to exceed or outwit limitations on API calls and function. This includes creating multiple Applications for identical, or largely like, usage ;
p.  Distribute or allow third gear parties access to any stand-alone API ;
q.  Attempt to re-identify any de-identified or anonymized data ;
r.  Access, store, display, or facilitate the transfer of any InBody message obtained through the follow methods : scraping, crawling, spidering or using any other technology or software to access InBody capacity outside the API ( such message, jointly, “ Non-Official Content ” ). This restriction applies ( 1 ) whether the Non-Official Content was obtained indirectly through a third party, such as a customer or third-party developer, and ( 2 ) whether or not the Non-Official Content is stored or displayed in the Application or some other resource, product or serve .
3.2 Excluded Uses of the API
In addition to the other terms and conditions in these Terms, you must never do any of the following under these Terms :
a. Use the API in any Application that includes adult subject, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of historic period, or otherwise violates any applicable jurisprudence or regulation ; or
b-complex vitamin. Use the API to retrieve Content that is then aggregated with third base party data in such a way that an conclusion drug user can not attribute the Content to InBody ( i.e., aggregated search results ) .

4. Storage of Content

4.1 No Storing Any Content
You must not capture, copy or memory any Content or any information expressed by the Content ( such as hashed or transformed data ), except to the extent permitted by these Terms .
You may alone store Content in a manner which enables you to identify, segregate and selectively delete such Content. The Content must not be stored in a datum repository that would enable any third base party access ( other than the customer or Member to which it relates ) .
4.2 You May Store Tokens
You may store the Application-specific ID that we provide to you for identifying users of your Application ( “ User ID ” ) or the mobile count tokens that we provide to you when a Member registers to our Services with their InBody account ( “ User Token ” ) .
4.4 Member Profile Data
You must obtain legally valid accept, as required under your legal power, from a Member before you may store that Member ’ s Profile Data and Content .
In addition to the requirements set forth below in Section 5, the process for obtaining Member accept to store their data must, at a minimum, meet the specifications set forth from the Developer Documentation. “ Profile Data ” means any or all of a Member ’ s profile data available through an applicable API, subject to a Member ’ randomness profile visibility and other privacy settings .
If you want to refresh the Member ’ s Profile Data, you may alone do so when the Member is actually using your application and not on an automatize schedule .
You must promptly delete and/or de-identify all Content collected through the API about a detail Member, including the User ID and the User Token, upon request by that Member, when the Member uninstalls your application or when the Member closes their bill with you .
The restrictions of this section do not apply to data that Members provide to you or that is individually entered or uploaded to you outside of the Application by the user of your application .
4.5 Delete for Breach
You must immediately delete all Content if we terminate your habit of the API, except when doing so would cause you to violate any law or duty imposed by a governmental agency .
4.6 Data Protection
The terminus “ Covered Data ” has the meaning given to the term “ personal data ” under the European Union General Data Protection Regulation, Regulation ( EU ) 2016/679 ( “ GDPR ” ) .
You agree to the following :
a. Covered Data that is acquired at your facility is in your custody and control. You may review, analyze, edit, and modify information related to Content ( except personal function device ’ second Content )
bacillus. You are creditworthy for securing the Covered Data, exchanged capacity, and media in your hands and manipulate according to the applicable police of your legal power
c. You are responsible for all data that is inputted into the Site by you pursuant to your use of the Services. You represent and warrant that all data provided by you through the Site for action or analysis is compensate and true .
d. To learn more about data handling processes, please refer to our privacy Policy .
4.7 Breach Notification and Incident Reporting
a. Breach Source. In rate to determine the generator of a Member ’ south Covered Data Breach, you shall conduct a exhaustive probe to determine the identity of the breaching party for post-incident action plan. You warrant that you have safeguards, policies and procedures in home to detect and counter a Covered Data Breach from your custody and control
barn. Data Breach Detection and Responding Policies.  We have technical and organizational measures in put to detect Covered Data breach in our system. You warrant that you have technological measures in place to detect Covered Data breach in your systems .
We have policies and procedures in invest :
i. to access the horizontal surface of risk to Covered Data subjects a soon as feasible
two. to ensure that the Covered Data breach is contained a soon as possible
three. to inform all interest persons within the company of the Covered Data transgress and the affiliated companies that may be inflicted with the incidental
four. to notify supervisory authorities ( applicable to your legal power ) and Covered Data subjects and others of the transgress in accordance with this policy
cytosine. Notification to Supervisory Authorities –  We may notify ( depending on the appraisal of the Division 10.1 “ decide if the gap poses a “ real gamble of meaning damage ” from PIPEDA ) the supervisory authority, in case of a Covered Data Breach outside of our hands and command, once we become aware of it .
If assessed that the breach poses a real gamble of significant damage to a Member, we will notify the supervisory authority in the official form and manner and within a fair come of meter after a Covered Data Breach determination has been made by us .
You warrant that you have necessary procedures and protocols in place to notify the supervisory authority and any other relate party that may be at risk of harm stemming from the Covered Data Breach within a reasonable prison term following that Member ’ south Covered Data Breach
e. Notification to Covered Data Subjects –  We have policies and procedures notify the affect Members of the Covered Data Breach ; if we determine that said Member ( s ) is or are at a real hazard of meaning hare, we shall notify the Member in the official manner and phase. You warrant that you will notify the feign Members if it is determined that the Covered Data Breach occurred from your facility and/or hands and dominance .

5. Don’t Harm or Trick Members

5.1 Your User Agreement and Privacy Policy
Your application must include, and you agree to bind Members to, your own exploiter agreement and privacy policy. Your exploiter agreement and privacy policy must be prominently identified or located where Members download or access your Application. Your privacy practices must meet applicable legal standards of your legal power and accurately disclose the collection, use, storehouse and sharing of data .
If your application is a franchise lotion, you must enter into customer agreements with your franchise customers that describe how you will be accessing InBody accounts and Content on the customer ’ second behalf .
You must promptly notify us of any breaches of your exploiter agreement or privacy policy that impingement or may impact Members. Your privacy policy must be at least as rigorous and user-friendly as InBody ’ s Privacy Policy .
5.2 InBody Member Consent
Before obtaining information from Members, you must obtain their legally valid accept pursuant to your jurisdiction which, at a minimum, shall include : ( a ) how their data will be used, ( boron ) when it will be collected ( for example, will the Application pull a Member ’ s Profile Data more than once ) ; and ( c ) how a Member can withdraw their consent. The accept must be freely given ( in accord with applicable law in your jurisdiction ) and given by a argument or a clear approving action .

6. Brand Use

6.1 Brand Features License and Publicity Rights
subject to these Terms ( including our Branding Guidelines ), we grant you a limited, non-exclusive, non-assignable, non-sublicenseable, and non-transferable license during the Duration to display Our Brand Features within the Application and to accurately promote or advertise your integration of the API in your application. “ Our Brand Features ” means any deal names, trademarks, service marks, logos and world names that InBody makes available to you .
You agree not to display Our Brand Features ( a ) in any way that violates applicable law, including laws regarding libel, slander, obscenity and misdemeanor ; ( b ) in any way that is misleading, implies that your Application is approved, created or endorsed by InBody ( or differently embellishing your relationship with InBody ) ; or ( speed of light ) in a direction that is otherwise objectionable to InBody in its exclusive delicacy, unless differently permitted in our commercial enterprise Partner Agreement. If you are planning any dinner dress, proactive press outreach, you will submit the content ( press release, blog post, etc. ) to us for prior written approval ( electronic mail acceptable ), unless expressly allowed in our Branding Guidelines. Any full will in Our Brand Features resulting from your habit will inure entirely to InBody .
You grant us a limit, non-exclusive, non-assignable, non-sublicensable, and non-transferable license during the Duration to display your trade names, trademarks, service marks, logos and knowledge domain names ( jointly, “ Your Brand Features ” ) to promote or advertise your use of the APIs in your Application. Any beneficial will in Your Brand Features resulting from our use will inure entirely to you .
We may, without your accept, publicly refer to you, orally or in writing, as a licensee of the APIs and/or user of the Content. We may besides publish your list and logo ( with or without a link to your Application ) on our Services, in press releases, and in promotional materials without extra accept or notice to you .

7. Safety and Abuse

7.1 Security Measures
In addition to Section 4.6 and 4.7, you agree to the follow :
a. Requirement for Security Measures.  Your network, operating system and the software of your vane servers, databases, and computer systems ( jointly, “ Systems ” ) must be by rights configured to securely operate your Application and process Content .
b. Security Questionnaire.  If requested, you must complete InBody ’ south security system questionnaire ( which InBody will provide to you ) .
vitamin c. Security Breach.  You must promptly report any security deficiencies in, or intrusions to, your Systems that you discover ( or are reported publicly or to you ) to InBody in writing via e-mail to LBWeb @ InBody.com or subsequent touch information posted on the Developer Site if such intrusions could reasonably be expected to affect the Content, InBody or its Members in any manner. You will work with InBody to immediately correct any security insufficiency, will disconnect any intrusions or intruders, and will inform, guide, and give detect that the insufficient application will be unavailable to the public until the security breach/issue is resolved. In the event of any security insufficiency or trespass involving the Application, APIs or Content, you will make no public statements ( for example, iron, blogs, social media, bulletin boards, etc. ) without prior written and press out license from InBody in each case .
7.2 Monitoring
You will provide us with up to two full-feature node account-level instances to access your Application ( and/or early materials relating to your manipulation of the API and/or the Content ) as reasonably requested by us to verify your conformity with these Terms ( including, in particular, your security and privacy obligations under these Terms ) .
You besides agree to assist InBody in verifying your submission with these Terms by providing us with data about your application and memory of Content, which may include access to your Application and other materials or Systems related to your use of the APIs. If you do not demonstrate full submission with these Terms, as determined in our sole delicacy, we may restrict or terminate your access to the API .
You acknowledge that InBody may monitor any API natural process from its own systems for the purpose of ensuring quality, improving InBody products and Services, and ensuring submission with these Terms. You must not interfere or attempt to interfere with such monitor or otherwise obscure from InBody your API activeness. InBody may use any technical means to overcome such hindrance .

8. Rights InBody Reserves

8.1 Support and Updates
We may provide you with defend for the APIs in our sole free will and we may stop providing hold to you at any prison term without notice or liability to you. We are not obligated to provide any education, support or technical aid for the Application, the Content, or the APIs directly to your Application users and you agree to communicate to your Application users that you ( and not InBody ) are responsible for any such support .
We may modify or release subsequent versions of the API, and/or subsequent versions of these Terms, the privacy Policy, and the Business Partnership Agreement, and require that you use those subsequent versions. Unless we release a new adaptation of the API for security or legal reasons, you will have a reasonable sum of notice ( as determined by us ), to migrate to subsequent versions of the API. You acknowledge that once InBody releases a subsequent interpretation of an API, the prior interpretation of such API may stop working at any time or may no longer influence in the same manner. Your proceed use of the API following a subsequent release will be deemed your adoption of all modifications .
8.2 Costs and Fees
Should InBody change the costs and fees associated with the manipulation of the APIs or any developer tools and features, you do not have any obligation to continue to use the APIs .
Each party will bear its own costs and expenses in performing its obligations under these Terms .
8.3 Independent Development
Each party acknowledges that the other party may independently create applications, contented and other products or services that may be exchangeable to or competitive with those of the early party and nothing in these Terms will be construed as restrict or preventing each party from creating and amply exploiting such applications, content and early products or services, without any obligations to the other party .

9. Ownership

9.1 All Rights Reserved
As between the parties, we own all rights, style, and concern in and to the ( a ) APIs, and all elements, components, and executables of the APIs, ( b ) subject ; ( hundred ) Services ; and ( d ) Our Brand Features ( clauses ( a ) – ( vitamin d ) jointly, the “ InBody Materials ” ), and, submit to the foregoing, you own all rights, title, and pastime in and to the Application and Your Brand Features. Except to the limited extent expressly provided in these Terms, neither party grants, nor shall the other party acquire, any correctly, deed or sake ( including any imply license ) in or to any property of the inaugural party under these Terms. All rights not expressly granted in these Terms are reserved .
9.2 License to Your Application
For the Duration you grant us a royalty-free, non-exclusive, cosmopolitan, irrevocable right and license, under all of your intellectual place rights, to : ( a ) use, perform, and display your Application and its subject for purposes of commercialize, attest, and answering inquiries ; ( boron ) link to and direct Members to your Application ; and ( cytosine ) sublicense the waive rights to InBody Affiliates ( as defined in Section 12.3 below ) .
9.3 Feedback
Either party may from time to time elect, in its sole free will, to provide suggestions, comments, improvements, ideas or early feedback to the other party related to the other party ’ randomness products and services ( ” Feedback ” ). Feedback is provided on an “ as is ” basis with no warranties of any kind and the receiving party will have a royalty-free, global, sublicenseable, movable, non-exclusive, ageless and irrevocable right and license to use Feedback. Each party agrees not to provide Feedback that it knows is subject to any cerebral property claim by a third gear party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third gear party .

10. Follow the Law and These Terms

10.1 Legal Compliance
You represent and warrant to InBody that : ( a ) you have the right to use, reproduce, impart, publicly display, publicly perform, and distribute your Application ( excluding InBody Materials ) ; ( bel ) use of your application by InBody and its Members in accord with the Application ’ s terms of function will not violate the rights of any third base party ( for example, copyright, patent, trademark, privacy, publicity or early proprietary rights of any person or entity ), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any nation in which your application is made available and any applicable export laws ; and ( vitamin c ) you will comply with all applicable local, express, federal, and foreign laws, including, without limit, any laws or regulations relating to privacy and datum security, which includes the skill of all necessary accept and mandate forms that your legal power may require, in connection with its performance under these Terms
10.2 Compliance and Amendments to These Terms
You must comply with these Terms in order to use the APIs and we reserve the right to terminate your access to the APIs should you fail to comply or be discovered to have failed to comply. The most stream version of these Terms can be reviewed on the Developer Site .
We reserve the right to modify, supplement, or replace any provisions of these Terms, effective prospectively upon posting on the Developer Site or differently advise you. For exercise, we may present a banner on the Developer Site when we have amended these Terms so that you may access and review the changes prior to your continue consumption of the APIs and Developer Site. If you do not want to agree to changes to these Terms, you can terminate these Terms at any time in accordance with Section 11 .
10.3 Other Obligations
In addition to any other documents incorporated by reference into these Terms above, you and your application must besides comply with the pursue, if applicable to you, which are hereby incorporated by reference :
a. The InBody Business Partnership Agreement ; and
b-complex vitamin. The InBody Privacy Policy .
In the consequence of any conflict between the content in this text file and the above documents these Terms control your use of the API. If you disagree with any of the provisions in these Terms, do not access or use the API .
InBody reserves the good to require you to agree to extra agreements/documents as function of your obligations .

11. Term and Termination

11.1 Duration of Terms
The duration of these Terms ( the “ Duration ” ) will be from the date upon which you agree to these Terms and will continue until terminated as plant forth below or unless differently made inapplicable .
11.2 Your Termination Rights
You may terminate these Terms by discontinuing use of our API or cancelling your subscription .
11.3 Suspension; Termination
We may suspend or terminate your use of all or any of the API or Content at any time if we believe you have violated these Terms, or, in our lone free will, we believe the handiness of the API in your lotion is not in our or the Members ’ best interests .
We may discontinue the handiness of some or all of the API or any Content at any clock time for any reason. We shall provide you with 30 calendar days ’ notice unless we discontinue such handiness to protect the security or integrity of the API and relate offerings, to address drug user security or exploiter privacy issues, for legal complaisance reasons, or to the extent necessary to mitigate damages in relation to third party litigation .
We may besides impose limits on certain features and services or restrict your access to some or all of the API, Content or our Services. Although we will endeavor to provide anterior notice of our exercise of our rights pursuant to this section, it may not be hardheaded or commercially fair in all circumstances. accordingly, all of our rights in these Terms may be exercised without prior notification or indebtedness to you .
11.4 Termination for Cause
Either party may terminate these Terms : ( a ) if the early party files a voluntary request for bankruptcy or a prayer or solution seeking a reorganization ; ( b-complex vitamin ) if the other party has filed against it an involuntary petition for bankruptcy that has not been dismissed within 60 calendar days thereof ; ( coulomb ) if the other party becomes bankrupt, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of its creditors ; ( vitamin d ) if the other party applies for or consents to the appointment of a receiver, regent or murderer for well all of its assets or such receiver, regent or murderer is appointed for the early party ; or ( einsteinium ) upon the occurrence of a material breach of these Terms by the other party, if such breach is not cured within ten ( 10 ) commercial enterprise days after written notice identifying the matter constituting the corporeal breach is provided by the non-breaching party .
11.5 Effect of Termination
Upon result of these Terms :
a. all licenses granted under these Terms will terminate immediately ;
b. upon request, each party will promptly return to the other party or delete all real embodiments of confidential information of such party in its possession, detention or master ;
c. you will comply with the requirements to delete store Content ; and
d. InBody will make commercially fair efforts to remove all references and links to your application from the Services ( InBody has no other duty to delete copies of, references to, or links to your Application ) .
Notwithstanding the above, each party may retain a copy of these Terms and such other confidential information of the other party as reasonably required for legal and audit purposes. InBody may request that you certify in writing your complaisance with this section .
11.6 Survival
The follow sections of this Agreement shall survive any termination, Sections 3 ( “ Use of the API and InBody Content ” ), 4.6 ( “ Delete at Member Request ” ), 4.7 ( “ Delete for Breach ” ), 4.8 ( “ Data Protection ” ), 5 ( “ Don ’ deoxythymidine monophosphate Harm or Trick Members ” ), 6 ( “ Brand Use ” ), 7 ( “ Safety and Abuse ” ), 8.3 ( “ Independent Development ” ), 9 ( “ Ownership ” ), 10 ( “ Follow the Law and These Terms ” ), 11.5 ( “ Effect of Termination ” ), 11.6 ( “ Survival ” ), 12 ( “ Disclaimer of Warranties ; Limitation of Liability ; Indemnity ” ), 13 ( “ Dispute Resolution ” ) and 14 ( “ General Terms ” ) .

12 .Disclaimer of Warranties; Limitation of Liability; Indemnity

12.1 Applicability of Disclaimer and Limitation
Some countries and jurisdictions do not allow the disavowal of certain entail terms or exclusions of liability and as a resultant role the contents of this section 12 may not, in their entirety, apply to you .
12.2 Disclaimer of Warranties
WE PROVIDE THE INBODY MATERIALS AND ALL OTHER INFORMATION AND SERVICES ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, EXCEPT AS DESCRIBED IN THE BUSINESS PARTNERSHIP AGREEMENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR habit OF THE INBODY MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE INBODY MATERIALS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE INBODY MATERIALS WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS. INBODY DOES NOT CONTROL OR VET USER-GENERATED CONTENT FOR ACCURACY .
12.3 Limitation of Liability
NEITHER INBODY NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, OR SUPPLIERS ( EACH A “ INBODY AFFILIATE “ ), AND OUR AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, OR DIRECTORS, SHALL BE CUMULATIVELY LIABLE FOR : ( A ) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR manipulation OF INBODY MATERIALS ACCESSED THROUGH OR DOWNLOADED FROM INBODY ; OR ( B ) ANY LIABILITY OR DAMAGES IN EXCESS OF TEN THOUSAND DOLLARS ( $ 10,000 ). THIS LIMITATION OF LIABILITY SHALL :
1. APPLY REGARDLESS OF WHETHER ( A ) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, ( B ) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR ( C ) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE ; AND
2. NOT APPLY TO ANY DAMAGE THAT INBODY MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OR APPLICABLE jurisprudence, OR AS OTHERWISE MANDATED BY APPLICABLE law THAT CAN NOT BE DISCLAIMED IN THESE TERMS .
12.4 Your Indemnification Obligations
You will defend, hold harmless, and indemnify InBody and the InBody Affiliates ( and our and their respective employees, shareholders, and directors ) from any call or action brought by a third gear party, including all damages, liabilities, costs and expenses, including fair attorneys ’ fees, to the extent resulting from, alleged to have resulted from, or in connection with : ( a ) your rupture of your obligations herein ; or ( bacillus ) the misdemeanor of any copyright, trademark, service crisscross, trade secret or apparent by the Application, Feedback or Your Brand Features .

13. Dispute Resolution

13.1 Law and Forum for Legal Disputes
These Terms and any claim, lawsuit of action or dispute ( “ Claim ” ) arising out of or related to these Terms shall be governed under the country laws of California, except that the U.S. Federal Arbitration Act governs everything related to arbitration. All Claims ( except those brought in arbitration and small claims court ) can be litigated only in the federal or country courts in Los Angeles County, California, USA, and we each agree to personal legal power in those courts .
Notwithstanding the above, you agree that InBody shall still be allowed to apply for injunctive remedies ( or an equivalent type of pressing legal respite ) in any jurisdiction .
In the event of litigation between the parties arising out of or related to these Terms, the prevailing party will be entitled to recover its attorneys ’ fees and costs incurred .
13.2 Arbitration Option
For any Claim ( excluding claims for injunctive or other equitable relief ) arising out of or related to these Terms, where the full amount of the award sought is less than $ 10,000, the party requesting respite may elect to resolve the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative quarrel resolution ( “ ADR ” ) supplier mutually agreed upon by the parties .
The ADR provider and the parties must comply with the follow rules :
a. the arbitration shall be conducted by telephone, on-line, and/or be entirely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration ;
b. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties ; and
c. any judgment on the prize rendered by the arbiter shall be final and may be entered in any motor hotel of competent jurisdiction .

14. General Terms

14.1 Severability
If any provision of these Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified thus as to render it enforceable to the utmost extent possible in order to consequence the intention of the planning ; if a term can not be indeed modify, it will be severed and the remaining provisions of these Terms will not be affected in any way .
14.2 Language
Where InBody has provided you with a translation of the English language version of these Terms or any text file referenced in these Terms, you agree that the translation is provided for your appliance alone and that the English lyric versions of any such document, will control .
14.3 Notices and Service of Process
We may notify you via postings on the Developer Site or via the electronic mail address associated with your application or Member report. InBody accepts military service of march at this address : InBody USA ATTN : Legal and Business Affairs, 13850 Cerritos Corporate Drive, Unit C., Cerritos, CA 90703. Any notices that you provide without conformity with this incision shall have no legal effect .
14.4 Entire Agreement
These Terms, including any documents incorporated into these Terms by citation, constitute the stallion agreement between you and InBody regarding the subjugate matter of these Terms and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with esteem to the subject count of these Terms .
14.5 No Injunctive Relief
In no consequence shall you seek or be entitled to recission, injunctive or other equitable respite, or to enjoin or restrain the operation of the developer platform or any APIs, Content or other material used or displayed through the InBody developer platform .
14.6 Assignment and Delegation
You may not, without InBody ’ s anterior written accept, assign or delegate any rights or obligations under these Terms, including in connection with a change of control condition. Any aim assignment and deputation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without detect to you .
14.7 Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated hera if you are located outside the United States .
14.8 No Partnership
nothing in these Terms will be construed as creating a partnership or joint guess of any kind between the parties and neither party will have the authority or power to bind the other party or to narrow in the identify of or create a liability against the early party in any way or for any determination .
14.9 How to Contact Us
If you have questions or comments about these Terms, please contact us online ( LBWeb @ inbody.com ) or by forcible mail at :
InBody USA

Attn: Legal and Business Affairs
13850 Cerritos Corporate Drive, Unit C
Cerritos, CA 90703

source : https://nutritionline.net
Category : Healthy