12.12.2019

Terms & Conditions

These terms of use (“terms”) set forth a legally binding agreement between you and BodyMap3D Pty. Ltd. (“company”). These terms applies to your access and use of the Body Map 3D service. The “Body Map 3D” includes all our mobile applications, and website.
You must accept these terms to create a Body Map 3D account and to access or use the Body Map 3D service. If you do not have an account, you accept these terms by using any part of the Body Map 3D service. If you do not accept these terms, do not create an account or use the Body Map 3D service.

Privacy Policy
For information about our data practices, please see our privacy policy. By accessing or using the Body Map 3D service, you agree that we can collect and use your information in accordance with our privacy policy.

Use of the Body Map 3D service
To use the service, user has to subscribe to any of the subscription plans below –

• Basic Plan – Can make up to 5 profiles and total storage limit of 2 GB. It will cost US$14.99* per year – THIS IS THE DEFAULT PLAN AND CAN BE UP-GRADED AT ANY TIME AS REQUIRED
• Standard Membership - Can make up to 10 profiles and total storage limit of 4GB. It will cost US$19.99* per year. Upgrade or downgrade anytime.
• Premium Membership - Can make unlimited profiles and total storage limit of 10 GB. It will cost US$24.99* per year. Can downgrade anytime.

All the above costs are exclusive of any applicable taxes.
Any registered user will be given a trial period of 30 days once he subscribes and configures his billing method. Payment will not be deducted from that for the first 30 days.
User can upgrade, downgrade or cancel his subscription anytime and it will be reflected from the next payment cycle.
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Body Map 3D service.

Creating an account
Full use of the Body Map 3D service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. The company is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact the company if you discover or suspect any security breach related to the Body Map 3D service or your account. Necessary equipment
Full use of the Body Map 3D service is dependent upon your use of a supported mobile device, or a computer with adequate software, and internet access. The maintenance and security of this equipment may influence the performance of the Body Map 3D service and it is your responsibility to ensure the equipment’s functionality and security. What you can do with the Body Map 3D service
The Body Map 3D service is intended for your personal, non-commercial use.
The company grants you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to:

• Access and use the Body Map 3D service,
• Access and view content included in the Body Map 3D service, and
• Access and use the software and mobile applications provided by the Body Map 3D service.

This license is provided solely for your personal, non-commercial use and enjoyment of the Body Map 3D service as permitted in these terms. Commercial licenses are required, and available, if the Body Map 3D service is used for any commercial purposes including, but not limited to: product marketing or development, clinical assessment or diagnosis, funded research studies, or risk assessment. If you would like to obtain a commercial license please contact the Body Map 3D administrative team.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Body Map 3D service or any portion thereof, except as expressly permitted in these terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the company or its licensors, except for the licenses and rights expressly granted in these terms.

Our enforcement rights
We are not obligated to monitor your access or use of the Body Map 3D service, but we have the right to do so for the purpose of operating the Body Map 3D service, to ensure compliance with these terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal p
rocess, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the Body Map 3D service at any time and without notice, and at our sole discretion, if we determine that your use of the Body Map 3D service is objectionable or in violation of these terms. We have the right to investigate violations of these terms and any conduct that affects the Body Map 3D service, and in response may take any action we may deem appropriate.

Use of Body Map 3D at your own risk
If you rely on any information in the Body Map 3D service, you do so solely at your own risk. Our goal is to provide helpful and accurate information on the Body Map 3D service, but we make no endorsement, representation, or warranty of any kind about any Body Map 3D content, information, or services.

No medical advice
The information in the Body Map 3D service is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.

Feedback and submissions policy
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, and distribute them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the company, or obtained from sources other than you.

Alerts and notifications
As part of your use of the Body Map 3D service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Body Map 3D service by using app settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

Third party services
The Body Map 3D service may display or permit access to or use of third-party content, promotions, websites, apps, services and resources (collectively “third-party services”) that are not under the company’s control. This may include the opportunity for you to link your Body Map 3D account, Body Map 3D data, or the Body Map 3D service with third-party services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from third-party services. You acknowledge that any third-party services that you use in connection with the Body Map 3Dservice are not part of the Body Map 3D service and are not controlled by the company, and you take sole responsibility and assume all risk arising from your interaction with or use of any third-party services. You also acknowledge that these terms and our privacy policy do not apply to any third-party services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any third-party services.

Changes to the Body Map 3D service
The company may change or discontinue, temporarily or permanently, any feature or component of the Body Map 3D service at any time without notice. The company is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Body Map 3D service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Body Map 3D service without prior notice to you.

Termination
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Body Map 3D service, or to terminate these terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your personal data and other information related to your account. You may close your account at any time by contacting the company. If for whatever reason your account is terminated you will also forfeit the remainder of the annual subscription or part thereof for the period that would have been left for the application.

Disclaimers
The Body Map 3D service is provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim all express or implied warranties arising out of or related to these terms or the Body Map 3D service, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Body Map 3D service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Body Map 3D service.

Indemnity
You will indemnify and hold harmless the company or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Body Map 3D service, (ii) Body Map 3D information, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitation off liability
Neither the company, its suppliers, or licensors, nor any other party involved in creating, producing, or delivering the Body Map 3D service will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Body Map 3D service, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed in its essential purpose.
In no event will the company’s total liability arising out of or in connection with these terms or from the use of or inability to use the Body Map 3D service exceed the amounts you have paid to the company for use of the Body Map 3D service or one hundred dollars ($100), if you have not had any payment obligations to the company, as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the company and you.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Governing law
Except as otherwise required by applicable law, the terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of the state of Perth, Australia without regard to its conflict of laws principles.

General terms

Except as otherwise stated herein, these terms constitute the entire and exclusive understanding and agreement between the company and you regarding the Body Map 3D service, and these terms supersede and replace any and all prior oral or written understandings or agreements between the company and you regarding the Body Map 3D service.
We will notify you before we make material changes to these terms and give you an opportunity to review the revised terms before continuing to use the Body Map 3D service. When you use the Body Map 3D service after a modification becomes effective, you are telling us that you accept the modified terms.
If for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.
You may not assign, delegate, or transfer these terms, by operation of law or otherwise, without the company’s prior written consent. Any attempt by you to assign or transfer these terms, without such consent, will be null. The company may freely assign or transfer these terms without restriction. Subject to the foregoing, these terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by the company under these terms, including those regarding modifications to these terms, will be given: (i) via email or (ii) by posting to the Body Map 3D service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
The company’s failure to enforce any right or provision of these terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the company. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.

Body Map 3D is intended as an aid in recounting injuries, accidents and some medical information up-loaded at the sole discretion of the user. The use or and sharing of lewd or inappropriate material is not encouraged and will result in termination as set out if any inappropriate (as determined by the administration exclusively) shared or gets into the public domain.