Terms of Service

Last Updated: October 3, 2024

Welcome to DexaFit. These Terms of Service (“Terms”) apply to all users of DexaFit's platforms, including the DexaFit website, DexaFit iOS and Android apps, DexaFit Operator app, and any reports generated from DexaFit software or services (collectively, the “Platforms”). By accessing or using any of the Platforms or purchasing from DexaFit, Inc. or its subsidiaries (“DexaFit,” “we,” “us,” “our”), you agree to be bound by these Terms, as well as any applicable supplemental terms for specific services (“Supplemental Terms”). If you do not agree, you must immediately cease using the Platforms.

DexaFit may update these Terms from time to time, and such updates will be posted here. Continued use of the Platforms after any modifications constitutes your acceptance of the updated Terms.

1. Privacy Policy

Your use of the Platforms is subject to our Privacy Policy, which outlines our collection, use, and protection of your personal data. By using the Platforms, you agree to the terms of the Privacy Policy.

2. Services Overview

DexaFit provides services through its Platforms, including health and fitness testing, research tools, and wellness insights via digital reports. DexaFit does not provide medical advice, diagnosis, or treatment and is not a healthcare provider. Our services, apps, and reports are intended for general wellness purposes and are not intended to diagnose, treat, cure, or prevent any medical conditions. Always consult with your healthcare provider before making medical decisions based on DexaFit’s services.

3. Accounts and Security

To use certain services, you may need to create an account. You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account. DexaFit may terminate or suspend your account if we detect unauthorized use, false information, or violations of these Terms.

4. Refund and Credit Policy

For purchases made through DexaFit Platforms (including challenges, testing, pilots, research, products, bundles, or services), you may request a refund within 7 days from the purchase date, less any applicable processing fees. Refunds requested after 7 days but before 30 days may be eligible for a DexaFit credit at our discretion. After 30 days, refunds or credits will only be issued at DexaFit’s sole discretion.

5. No Medical Advice or Patient Relationship

DexaFit does not provide medical advice. The services, reports, and information provided are for general wellness purposes only. You agree not to use the Platforms or DexaFit’s services to make medical decisions without consulting a qualified healthcare provider. Use of the Platforms does not create a doctor-patient or client relationship between you and DexaFit.

6. Disclaimer of Warranties and Limitation of Liability

DexaFit provides the Platforms and services “AS IS” and without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. DexaFit does not warrant that the Platforms or services will be error-free, uninterrupted, or accurate.

To the fullest extent permitted by law, DexaFit, its subsidiaries, affiliates, and licensors will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platforms or services.

7. Intellectual Property

All content on the Platforms, including software, reports, graphics, logos, and trademarks, is owned or licensed by DexaFit. You are granted a non-exclusive, non-transferable, revocable license to access and use the Platforms for personal, non-commercial purposes. You may not reproduce, modify, distribute, or exploit any content from the Platforms without written permission from DexaFit.

8. Restrictions on Use

You agree not to:

  • Use the Platforms for illegal activities.

  • Modify, distribute, or create derivative works of the Platforms.

  • Attempt to hack, reverse-engineer, or otherwise breach security measures on the Platforms.

  • Engage in activities that may disrupt or interfere with the Platforms.

9. Billing, Payments, and Auto-Renewals

For services purchased through DexaFit, you must pay the applicable fees as outlined at the time of purchase. If auto-renewal is enabled, you agree that your account will be charged automatically for renewal unless you cancel your subscription before the renewal date.

10. Modifications to the Platforms

DexaFit reserves the right to modify, suspend, or discontinue any part of the Platforms at any time without notice. DexaFit will not be liable to you or any third party for such modifications.

11. Indemnification

You agree to indemnify and hold harmless DexaFit, its officers, directors, employees, subsidiaries, and affiliates from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Platforms or breach of these Terms.

12. Telemedicine Services

DexaFit may integrate with third-party telemedicine providers. If you choose to use such services, DexaFit is not responsible for any medical advice or treatment provided by these third-party providers. You acknowledge that DexaFit is not a healthcare provider, and the telemedicine providers are solely responsible for any healthcare services they deliver.

13. Termination

DexaFit may terminate your access to the Platforms at any time if you violate these Terms or any applicable laws. You may also terminate your account at any time by ceasing to use the Platforms. Any outstanding fees or obligations remain your responsibility upon termination.

14. Governing Law

These Terms are governed by the laws of the State of Ohio, USA, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Ohio.

15. Severability

If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions will remain in full force and effect.

16. Contact Information

If there are any questions regarding these terms of service you may contact us using the information below.

https://dexafit.com
support@dexafit.com

DexaFit, Inc
3601 Minnesota Drive #515
Edina, MN 55435
United States