Terms & Conditions

Boditrax Terms of Use

Effective from 10 December 2024

Our Terms of Use have been updated. Please read the following terms carefully before proceeding.

Boditrax Technologies Limited is a company registered in England and Wales, with registered number 07888768. Our registered address is, Unit 20 Roseway House, Wheatcroft Business Park, Landmere Lane, Nottingham, England, NG12 4DG (referred to as "Boditrax", "we", "us" or "our" in these Terms of Use) .

We provide, body composition analysers, scanners, and related mobile applications hosted by or on behalf of Boditrax.

This is a legal agreement between you and Boditrax and will be used to govern your use of our services.

These Terms use the following definitions:

• boditrax.com (“Website”)
• through the Boditrax App (“App”)
• the Boditrax Composition Analyser (“Product”)
• any reports or information generated by the Product (“Report”)
• the operator of the facility where the Product is located ("Site Operator")

Together, the Website, App, Product and Report are the “Services”.

Agreement

These Terms of Use (“Terms”) explain how you may use the Services.

These Terms apply between Boditrax and you, the person accessing or using each of the Services (referred to in these Terms as “you” or “your”) and are a legally binding agreement between you and Boditrax when you click "accept" these Terms on the Site, App or Product or otherwise use the Services.

Requirements for your use of the Boditrax services:

The Services shall only be made available to persons:

• aged sixteen years or over;
• and who weigh under 270kgs.

If you are under the age of eighteen, please be aware that the service will not return a complete set of results, and the accuracy of the results may suffer as the system is optimised for use by adults.

Full use of the Services requires compatible access to the Products, Internet access, and certain software.

The Services are not a guaranteed part of any third-party product or service offering, and no purchase or obtaining of any third-party product or service shall be construed to represent or guarantee you access to the Services at any time.

Registration and Password:

As a Boditrax registered user you will be responsible for maintaining the confidentiality of your login information and password.

You will also be responsible for all uses of your login information, whether it was authorised by you or not.

You agree to provide your full name, contact details and other requested information “Registration Information”.

In order to register and maintain the security of your account you agree that:

1. You will not submit any false, inaccurate and/or incomplete personal information to Boditrax and/or through the Site;
2. You will not create an account for anyone other than yourself without our prior written permission;
3. You will not create more than one personal profile;
4. If we disable your account, you will not create another one without our prior written permission;
5. You will keep your contact information accurate, complete and up-to-date;
6. You will take due care to maintain the security of your password. You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account;
7. and If you select a username for your account, you acknowledge and agree that we reserve the right to remove or reclaim it if we believe it is appropriate.

You agree to notify us immediately upon becoming aware of any suspected or unauthorised use of your login information or password.

We do not accept any responsibility or liability for any information submitted by someone who has fraudulently accessed your Boditrax account or for any third party's fraudulent use or misuse of information submitted by you.

Your personal data submitted or processed in connection with the Services are subject to the Boditrax Privacy Policy.

This can be viewed at: www.boditrax.com/privacy

Precautions when using the Services:

You agree that you shall:

• consult a doctor before starting any fitness program, changing your diet, or if you have any questions regarding a medical condition, whether promoted on or through the Services or not;
• not disregard professional medical advice or delay in seeking advice because of something you may have read on or through the Services;
• act responsibly and sensibly at all times when using the Products and not participate if you are pregnant or under the influence of alcohol or non-prescription drugs;
• not damage or misuse the Product in any way, attempt to gain access to any parts of the Product that are not designed to be part of a user interface,
• follow any safety warnings or instructions displayed on the Products or given to you by a member of staff of the Site Operator;
• ask a staff member of the Site Operator if you are unclear on how to use the Products.

Right to use the Services:

You acknowledge that Boditrax is the owner of the Website, App, Product and Report and nothing in these terms will transfer any ownership in the Website, App, Product and Report to you.

We grant you a personal, non-exclusive license to use and access the Services (including any Reports generated by you via the Services) as set out in these Terms.

You agree that you will comply with all laws applicable to the use of the Services.

You shall use the Services solely for your personal use and shall not:

1. licence, sublicence, sell, resell, rent, lease, transfer, assign, distribute, time share, modify, translate, merge, adapt or otherwise exploit (including making commercial use of) or make the Services available to any third party;
2. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
3. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights;
4. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
5. interfere with or disrupt the integrity or performance of the Services or the data contained therein;
6. or attempt to gain unauthorised access to the Services or its related systems or networks.

The limited licence granted to you pursuant to this Terms does not include any rights of resale or to make commercial use of the Services or any content made available through the Services.

You may not reproduce duplicate, copy, sell, resell, modify, reverse engineer, decompile, disassemble or create derivative works of or otherwise exploit for any purpose the Services, the content thereof, or any portion of the foregoing, without express prior written consent of Boditrax.

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Boditrax or any of our affiliates and/or licensors without our express prior written consent.

None of the Services or the content thereof may be retransmitted without the express prior written consent of Boditrax, nor may it be used on any website or stored on any networked computer environment.

You may not use any metatags or any other “hidden text” utilising Boditrax’s name and/or trademarks without the express written consent of Boditrax.

If you violate any of these Terms, your permission to use the Services automatically terminates, and you must immediately stop using the Services and destroy any copies you have made of the Services.

Third Party Services:

The Services may provide links or references to websites operated by third parties.

We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites.

You acknowledge that including links to third-party websites via the Services does not imply approval or endorsement of the linked website.

If you decide to leave the Services to access a third-party site, you do so at your own risk and at your own discretion.

Content and Warranty Disclaimer:

We do not warrant that use of the Services will be uninterrupted, available at any time or from any particular location, secure or error-free, that any defects will be corrected, or that the Services will be free of viruses or other potentially harmful components.

Limitation of Liability:

Subject to the exclusions, limitations and other matters set out herein, we are responsible to you for foreseeable loss and damage caused directly by us through use of the Services accordance with these Terms.

We are not responsible for any loss or damage that is not foreseeable and which:

• is not caused directly by us through the use of the Services in accordance with these Terms;
• is otherwise caused by, or is as a result of you not complying with the Terms;
• and/or occurs through your negligence, fraud, or misrepresentation or other act or omission to which you are at fault;
• and/or is caused by a delaying event which is outside our control, where we have taken reasonable steps to contact you as soon as possible to let you know and do what we can to reduce the delay;
• and/or is something which you could have avoided by taking reasonable action, including following our reasonable instructions for use.

Subject to clauses 8.5 and 8.6, our total liability to you for any loss or damage arising under or in connection with this contract (whether that arises from a breach of these terms, negligence, our statutory obligations or otherwise) shall be limited to £150.00.

We are not responsible to you for any business losses.

For clarity, loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We do not exclude or limit liability for providing misleading information or for not performing the services with reasonable care and skill.

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, war, famine, strikes (including of our own employees), lock-outs or other industrial disputes;

breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.

Our Services are focused on body composition products and analysis.

We are not a healthcare or medical device provider, nor should the Services, or any of the contents of it, be considered to be a substitute for professional medical advice, diagnosis, or treatment.

We recommend that you always seek the advice of your doctor and/or other qualified health provider and/or other adviser(s) (professional or otherwise) with any questions you may have regarding a medical condition, including weight management and/or before taking or refraining from any action based on the Services.

Claims by third parties due to your use of the Services:

You are responsible for all losses, liabilities, damages and costs arising from any claims, actions or demands made against you by a third party related to or alleged to relate to:

• your use of the Services, including any user-generated content which you post, store, reproduce, display, or distribute via the Services;
• your violation of these Terms; or,
• your violation of any intellectual property or other third-party rights or any applicable law in connection with your use of the Service.

Disputes

We will try to resolve any disputes with you quickly and efficiently.

If you are unhappy with us, please contact us as soon as possible using the contact details set out above.

If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR).

ADR is a process for resolving disputes between you and us that does not involve going to court.

Changes to Boditrax Services:

We may change or discontinue, temporarily or permanently, any feature or component of the Services at any time without further notice.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of any feature or component of the Services.

Modifications to the Terms of Use:

We may, from time to time, make changes or amendments to these Terms.

The most up-to-date version will be clearly marked on the website. However, continued use will imply acceptance of these Terms.

General:

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of the agreement between you and Boditrax shall remain in full force and effect.

These Terms and the resolution of any dispute related to the Terms or the Services shall be governed by and construed in accordance with the laws of England and Wales without respect to its conflict of laws principles.

You agree to bring any legal action or proceeding against us related to the Services exclusively in England and Wales.