Terms of service
Thank you for using the services provided by IMBODY.
Last updated: 15/04/2026
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OVERVIEW
Welcome to IMBODY. The terms βweβ, βusβ and βourβ refer to IMBODY.
IMBODY operates this website and store, including all related content, features, products, and services (the βServicesβ), to provide you with a premium smart fitness experience. Our store is powered by Shopify, which enables us to deliver secure transactions and infrastructure.
By accessing or using our Services, you agree to be bound by these Terms of Service (βTermsβ) and our Privacy Policy. If you do not agree, you may not access or use our Services.
Before using and accepting IMBODY's products and services, please carefully read and fully understand this agreement (our products are only intended for adult users. If you are under 16 years old, or if you are 16 but under 18 years old and cannot rely on your own labor income as your main source of income, please read this agreement accompanied by a legal guardian; if you are under 16 years old, please do not use our products). Pay special attention to the terms that limit or exempt liability, the privacy protection policy, account rules, applicable law and dispute resolution terms, and other important terms highlighted in bold and/or underlined.
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If you do not agree to this agreement, you have the full right to stop using the platform services provided by the IMBODY APP, portal website, and other IMBODY platforms (hereinafter referred to as "IMBODY Power"). By clicking to register on the web page and/or actually using the platform services, you are deemed to have read, understood, and agreed to accept this agreement. If you have any questions, complaints, opinions, or suggestions regarding this agreement, please feel free to communicate and provide feedback through the contact information attached to this agreement. We are very happy to assist you.
This agreement includes the following contents:
- Basic Agreement
- Scope of the Agreement
- Introduction to IMBODY Products and Services
- Third-Party Applications and Services
- Using IMBODY Services
- Intellectual Property Statement
- User Account Regulations
- User Usage Norms
- IMBODY Rights
- Notice for Children Under 18
- Changes and Termination of IMBODY Services
- Disclaimer
- Liability for Breach of Contract
- Dispute Resolution
- General Terms
- Other Provisions
- Contact InformationΒ
1. Basic Agreement
1.1 Considering the characteristics of the internet service industry and the frequent iteration and updating of products, and to more comprehensively define the rights and obligations between you and the platform, this agreement includes other policies, rules, announcements, and statements formulated by us in accordance with laws and regulations and this agreement (collectively referred to as "this agreement," unless otherwise specified). You should also comply with them.
1.2 We may provide platform services under this agreement through an increasingly diverse range of functional interfaces, including but not limited to mobile applications ("App"), PC websites, mini programs, and other forms. The specific scope of service functionalities will be as per our real-time releases.
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1.3 Modifications and Updates: We reserve the right to modify this agreement (including formulating and releasing other policies, rules, announcements, and statements) in accordance with laws and regulations when necessary. The updated terms of the agreement will replace the original agreement and come into effect after the specified period. You can review the latest version of the agreement terms on the relevant service page. If you continue to use the platform services after the modification of this agreement, you will be deemed to have accepted the modified agreement. If you do not accept the modified agreement, you have the right to stop using the platform services.
1.4 Read Our Privacy Policy: For information about our data practices, please refer to our Privacy Policy, including our Cookie Usage Statement. By accessing or using the IMBODY APP, website, connected device end, or accepting related services, you agree that we may collect and use your information in accordance with the Privacy Policy.
1.5 Information or Advertisement Push: You agree that while receiving our services, we may send, display, promote, or advertise information (including commercial and non-commercial information) to you either by ourselves or through third-party advertisers, in compliance with laws and regulations. If you are not interested in the ads or information sent or recommended, you can control whether the system displays or reduces the display of such types of ads or information based on the relevant technical options we provide.
1.6 The platform grants the user a personal, non-transferable, and free license (unless otherwise stated in this agreement) to use the platform services for non-commercial purposes.Β
2. Scope of the Agreement
2.1 The IMBODY App, IMBODY ProFit, IMBODY product devices, IMBODY official website, and other product and service forms (collectively referred to as "IMBODY Products" or "IMBODY Services") are products and services provided to users by Shuzhiyinli(XIAMEN)IntelligentΒ TechnologyΒ Co.,Β LTD and its affiliated companies.
2.2 The terms of this User Agreement apply to all internet products and services provided by IMBODY. By choosing to accept or enjoy any single or combined products and services from IMBODY, you are deemed to have accepted the constraints of this agreement.
2.3 The products and services under this User Agreement refer to those provided and released by IMBODY, including but not limited to hardware products such as sports accessories, sports goods, sports equipment, fitness products, and related fitness accessories, as well as online fitness tutorials, network media, internet value-added services, internet information services, interactive entertainment, e-commerce, smart hardware, applications, software, APIs, and advertisements. The specific forms include but are not limited to smart devices, online videos, text or voice comments, interactive posts, text and image barrages, images, smart software, technical codes, plugins, etc.
2.4 This User Agreement should be accepted and complied with in conjunction with the Privacy Policy. As the content of the User Agreement may be updated and adjusted due to national policies and business developments, the content of this User Agreement includes all types of announcements, rules, or notices currently issued by IMBODY and those that will be issued in the future. When using or accepting a specific product or service from IMBODY, there may be additional separate agreements, relevant product or service rules, etc. These announcements, rules, notices, and this User Agreement constitute an inseparable part of the User Agreement, and you must comply with and not violate them. If you do not agree to the terms of this User Agreement, you should immediately stop registering/activating and stop using all related products and services provided and released by IMBODY. If you choose to continue accepting the products and services provided and released by IMBODY, it is deemed that you recognize the content of this agreement and should comply with and implement it according to the agreement's content.
2.5 Except as explicitly stated in this User Agreement or the Privacy Policy, for products and services developed or released by IMBODY, IMBODY has the right to regulate products and services through separate product and service agreements (hereinafter referred to as "Separate Product Agreements") based on this User Agreement. You should separately read and confirm the Separate Product Agreements when using/accepting related products or services. If there is a conflict between the Separate Product Agreement and this User Agreement, the content of the Separate Product Agreement shall prevail. If you do not agree to the terms of the Separate Product Agreement, you should immediately stop registering/activating and stop using the product or service. If you use/accept the product or service, it is deemed that you have read and confirmed acceptance of the relevant Separate Product Agreement.
3.Introduction to IMBODY Products and Services
3.1 IMBODY is a fitness brand dedicated to creating smart home fitness equipment focused on strength training through a "hardware + content + AI personal trainer + community" model. With hardware as the foundation and operable content at its core, IMBODY designs products and tools to help people achieve a healthier and happier lifestyle, embracing the surprises and endless possibilities brought by sports technology.
3.2 IMBODY provides users with a wide range of products and services, including but not limited to strength training courses, running and walking training guidance, cycling guidance, body shaping training, e-commerce, etc. Users can use, share, and order products and services provided by IMBODY through the IMBODY APP, portal website, and other IMBODY platforms. Users can access the products and services provided by IMBODY through these platforms, but IMBODY has the right to charge service or related product fees.
3.3 IMBODY will make every effort to provide you with smooth online services, but IMBODY cannot control the factors affecting network access services. You fully understand that service interruptions, disconnections, and suspensions/terminations caused by factors beyond control may bring you inconvenience and losses for which IMBODY is not liable for compensation.
3.4 To provide you with a better service experience, IMBODY will optimize and differentiate some products and services. Therefore, some of the products and services provided by IMBODY are paid content. Before using such products and services, users must pay a certain product service fee to IMBODY. For paid products and services, IMBODY will give users clear instructions before choosing to use them. Only when users voluntarily pay the relevant fees as prompted can they use/continue to use such paid products and services. If users choose to refuse to pay the relevant fees, IMBODY has the right not to provide such paid products and services to the user.
3.5Replacement, Modification, and Upgrade
3.5.1 To enhance user experience and improve service quality, IMBODY has the right to develop new products/services based on your usage and behavior with IMBODY products/services.
3.5.2 To improve, enhance, and further develop products and services, IMBODY has the right to update and optimize the software of products and services according to business development (including but not limited to software upgrades, functionality enhancements, version upgrades, etc.).
3.5.3 You understand and agree that IMBODY has the right to optimize and update the APP or to change or restrict some functions of the APP.
3.5.4 After a new version of the IMBODY APP is released, the old version may not function properly. To better use the products and services developed by IMBODY, please pay attention to version updates during your usage and promptly update/download the latest version after a new version is released.
4. Third-Party Applications and Services
4.1 Some functionalities of IMBODY products/services are provided by third-party suppliers. These third-party functionalities include short video editing services, text and image editing services, tool services, electronic payments, etc. You acknowledge that IMBODY App may introduce more third-party services in the future. When using third-party functionalities and services, you must comply with this User Agreement and the third-party applicationβs provisions and refrain from any violations. By using and accepting third-party products/services, you have read and agreed to the third-party service rules and agree to the following:
4.1.1 When you agree to use/accept third-party applications and services, third-party service developers are entitled to collect users' personal data and relevant information within the statutory scope, based on your authorization. For IMBODY, the handling of personal information when you use/accept third-party applications and services is governed by the content of the Privacy Policy. You must be aware that authorizing third parties to obtain your personal data and information carries a risk of information leakage. While using/accepting third-party services, you must comply with this User Agreement and other relevant IMBODY rules, as well as the third party's rules. Disputes or losses caused to you by third-party software and related services or products must be resolved between you and the third party, with IMBODY not bearing any legal responsibility.
4.1.2 IMBODY and third-party service providers are independent entities. In case of any loss to the user caused by the third-party service provider, the third party shall bear the relevant responsibilities independently. Users should claim all resulting losses from the third-party service provider, with IMBODY providing necessary assistance for the user's compensation claims. IMBODY conducts reasonable reviews of third-party services, but users are aware that third-party service providers are not exempted from their compensation responsibilities due to IMBODY's review.
4.1.3 To ensure service quality, IMBODY has the authority to review and manage the services and applications provided by third-party developers. If any third-party service or application violates laws and regulations, IMBODY has the right to immediately remove, delete, or block such services and applications without prior user consent. Should this cause any adverse effects or loss of rights to the user, IMBODY is not liable; the user shall bear the responsibility or seek recourse from the third party, with IMBODY providing necessary assistance.
4.1.4 When users choose to log in using third-party applications, they may authorize IMBODY to read and obtain information (including nickname, avatar, address, age, gender, contact number, etc.) provided, recorded, or published on that third-party platform, in compliance with relevant laws and regulations. After authorization, when you register/log in using a third-party account, your third-party account will be linked and bound to the IMBODY account.
4.1.5 Disputes or conflicts arising from users using third-party applications should be resolved through negotiation or litigation between the user and the third-party developer. All responsibilities and compensations are independent of IMBODY, which shall bear no legal responsibility.
4.2 Advertising Complaints and Suggestions
If you have any comments or suggestions for improvement regarding advertisements (including pop-up ads) within the IMBODY App, please contact us through the contact information provided in this agreement.
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5.Using IMBODY Services
5.1. You can access IMBODY services in the following ways:
(1) Using devices manufactured, distributed, or sold by IMBODY itself or through its authorized distributors or agents.
(2) Using our mobile applications and software, or approved third-party applications, software, or devices.
(3) Through our website ("Authorized Access").
5.2. You cannot access IMBODY services in the following ways:
(1) Using products not manufactured, distributed, or sold by IMBODY itself or through its authorized distributors or agents (e.g., counterfeit or fake IMBODY devices).
(2) Attempting to impersonate or counterfeit any IMBODY device.
(3) Using any unauthorized applications or third-party connection methods.Β
Any violation or attempt to violate these terms may result in the immediate termination of your access to IMBODY services.
5.3. Creating an Account: To fully utilize IMBODY services, you need to create an account, for which you must provide us with your full name, a valid email address, and a secure password. You are responsible for all activities occurring under your account. IMBODY is not liable for any loss or damage resulting from your inability to maintain the confidentiality of your account credentials.
5.4. Necessary Equipment: To fully utilize IMBODY services, you must use a computer with sufficient software installed or a compatible mobile device that can connect to the internet. The maintenance and security of this equipment may affect the performance of IMBODY services, so you are responsible for ensuring the equipment functions properly. You are responsible for all internet access fees; please check with your internet service provider for possible internet data usage charges.
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6. Intellectual Property Statement
6.1. Legal Ownership. IMBODY holds all legal ownership rights to IMBODY products/services (including but not limited to intellectual property rights, ownership, usage rights, and profit rights). All intellectual property of IMBODY, as well as all related content developed and published by IMBODY (including but not limited to: individual textual descriptions and combinations thereof, icons, graphics, diagrams, standalone colors and color combinations, product designs, framework drafts, relevant data, codes, printed materials, electronic data materials, etc.) are protected under Chinese intellectual property laws, relevant international treaties, and the intellectual property laws of related countries.
6.2. Rights Attribution. All products under IMBODY, as well as audio-visual content, technical software, equipment facilities, and other product and service information provided/published through IMBODY products, except those independently developed by third parties and explicitly marked as third-party property or independently created and uploaded by users, are the property of IMBODY.
6.3. All "IMBODY" and/or other IMBODY product and service identifiers in IMBODY products are trademarks or registered trademarks of IMBODY within China or other countries and regions. These trademarks are owned by IMBODY, and users are not permitted to use them without proper authorization from IMBODY.
6.4. IMBODY does not transfer or authorize any patents, trademarks, copyrights, or other intellectual property rights of its products/services to users through the provision of products/services. Unless explicitly authorized separately, IMBODY retains all rights to its products/services and does not transfer or authorize these rights to third parties.
6.5. DMCA/Copyright Policy
IMBODY respects the intellectual property rights of others and expects its users to do the same. IMBODYβs policy stipulates that if a user repeatedly infringes on the rights of copyright owners, IMBODY may disable or terminate the user's account depending on the circumstances.
7. User Account Regulations
7.1. When registering or using platform services, you may be required to provide certain necessary information. You must ensure that the information provided is truthful, accurate, and complete. Failure to do so may result in your inability to use the platform services, restrictions during usage, or even affect your ability to use specific platform functions. You bear all responsibility and loss resulting from providing untruthful, inaccurate, or incomplete information.
7.2. IMBODY reserves the right to decide whether to provide services based on the truthfulness, accuracy, and completeness of the information you provide and whether it meets the other conditions specified by IMBODY services. You should promptly update any changes in the information provided during the use of IMBODY services.
7.3. Upon successful registration, IMBODY will configure an account for you, which remains the property of IMBODY. You have the right to use this account during the validity period of this agreement. Without IMBODY's consent, the account is solely for your personal use and cannot be transferred, gifted, lent, sold, authorized, rented, or jointly controlled with any third party.
7.4. You understand and agree that if different accounts are bound or associated with the same phone number, payment account, ID information, device number, or shipping information, these different accounts may be considered as related accounts (i.e., the same user). In such cases, IMBODY has the right to merge or forcefully cancel related accounts.
7.5. If you wish to cancel your account, you are entitled to do so through the methods and procedures announced by IMBODY. After verifying your identity and clearing any account assets (such as recharged or obtained virtual assets) and resolving disputes, we will provide account cancellation services. Upon account cancellation, this agreement will terminate, and we will stop providing any services. We also reserve the right to directly reclaim and cancel your account and stop services if your account meets the following conditions:
(1) Not verified through real-name authentication.
(2) Not logged in or used for platform services for 12 consecutive months.
(3) Other situations.
7.6. Upon registration, your account may be used across other products operated by IMBODY or its affiliates, or third-party platforms. When using other products or services with your platform service account, you must comply with both this agreement and the service agreements of those products.
7.7. For customer experience and service functionality, the information you are required to provide may vary across different services. To use higher-level services, you may need to complete additional information for better service provision and account security.
7.8. You are responsible for safeguarding your account username and password. Any legal responsibility arising from failure to do so will be borne by you. Any actions taken using your login credentials will be considered your own actions, and the electronic records generated are valid evidence of your use of IMBODY services.
8. User Usage Norms
8.1. You bear all risks when using IMBODY services.
8.1.1. Our goal is to provide useful and accurate information through IMBODY services, but we do not endorse, declare, or guarantee any IMBODY content, information, or services. The accuracy of data collected and displayed by IMBODY cannot match that of medical equipment or scientific measuring devices.
8.1.2. IMBODY content and services may change over time and may vary by geographic location. Maps, directions, and other GPS or navigation data (including data about your current location) may be unavailable, inaccurate, or incomplete. Use of IMBODY services should not replace your good judgment and common sense. Please read and follow all safety statements accompanying the use of IMBODY services.
8.2. Consulting a Doctor Before Using IMBODY Services
IMBODY services are not intended to diagnose, treat, cure, or prevent any disease. Consult your doctor before using IMBODY services, starting an exercise program, or changing your diet if you have any medical conditions or heart disease. If an emergency medical situation arises, stop using IMBODY services and seek medical advice. We are not responsible for any health issues arising from training programs, consultation content, products, or activities learned from IMBODY services. If you participate in any exercise program received from IMBODY services, you agree to do so at your own risk and voluntarily participate in these activities.
8.3. You agree to use the platform services reasonably and accept this agreement and any other policies, rules, and announcements we issue from time to time.
8.4. Personal, Non-Commercial Use
IMBODY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(1)Access and use IMBODY services.
(2)Access and view IMBODY content.
(3)Access and use the software and mobile applications provided by IMBODY services.
(4)Use the software embedded in IMBODY devices according to these terms.Β
This agreement includes any third-party software embedded in IMBODY services. It is granted only when you use IMBODY services for personal, non-commercial purposes as permitted by these terms.
Without explicit permission from these terms, you may not use, sublicense, reproduce, adapt, modify, translate, disclose, create derivative works from, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise use IMBODY content, services, or any part thereof (including any third-party software). No licenses or rights are granted to you by implication or otherwise under any intellectual property owned or controlled by IMBODY or its licensors, except for the permissions and rights explicitly granted by these terms.
8.5. Hyperlinks
If needed, we may grant you a limited, non-exclusive, non-transferable right to create text hyperlinks to IMBODY services for non-commercial purposes, provided that such links do not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. IMBODY reserves the right to revoke this right at any time at its sole discretion.
7.8.8.1.8.2.8.3.8.4.8.5.8.6.Competitions and Giveaways
Surveys, contests, prize activities, and other promotional events sponsored by IMBODY or its partners may be subject to additional terms and conditions. You should carefully review these terms and conditions.
8.7.Alerts and Notifications
While using IMBODY services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to receive these communications. You can control most communications from IMBODY services through your account settings. However, certain communications, such as service announcements and administrative messages, may still be necessary. You are responsible for any communication or data traffic fees charged by your wireless network provider. Any notices, agreements, disclosures, or other communications we send to you electronically will meet any legal communication requirements, including the requirement that such communications be in writing.
8.8.Feedback and Submission Policy
If you submit comments, suggestions, or feedback to us, you agree that we may use, disclose, reproduce, distribute, or otherwise exploit such feedback without restriction or compensation to you. We do not waive any rights to use similar or related feedback known to IMBODY, developed by IMBODY, or obtained from other sources.
8.9. Prohibited Conduct: You may use IMBODY platforms and services within the scope of this agreement. You must not engage in the following activities:
(1) Exceeding authorization or maliciously using IMBODY platform services.
(2) Publishing, transmitting, disseminating, or storing content that harms national security, unity, or social stability, or content that is insulting, defamatory, obscene, violent, causes public discomfort, or violates national laws and policies. This includes setting usernames or role names with such content and transmitting illegal advertisements, marketing messages, or spam.
(3) Infringing on others' intellectual property rights, portrait rights, privacy rights, reputation rights, personal information, or other legitimate rights or interests.
(4) Maliciously fabricating or assisting in fabricating facts, reviews, or data.
(5) Engaging in any behavior that harms computer network security, including unauthorized use of data or access to unauthorized servers/accounts; unauthorized access to public computer networks or others' computer systems to delete, modify, or add stored information; attempting to probe, scan, or test the weaknesses of the software system or network without permission, or engaging in other actions that undermine network security; attempting to interfere with or disrupt the normal operation of the software system or website, intentionally spreading malicious programs or viruses, and other actions that disrupt normal network information services; forging TCP/IP packet names or part of names; uploading any virus, trojan, or worm through IMBODY platforms and services that harm network health.
(6) Reverse engineering, decompiling, or disassembling IMBODY apps, software, smart devices, or attempting to discover the source code and algorithms, modifying or disabling any software functions, or creating derivative works based on the software without permission. Removing any proprietary declarations or labels on the IMBODY platform or documents, or merging other software with the platform.
(7) Engaging in any actions that damage the fairness of our services or affect the normal order of applications, such as actively or passively brushing scores, colluding to cheat, using plug-ins or other cheating software, exploiting bugs ("vulnerabilities" or "defects") to gain illegitimate benefits, or publicizing plug-ins, cheating software, or bugs on the internet or other means.
(8) Engaging in other behaviors prohibited by laws, regulations, policies, public order, good customs, and social ethics, or infringing on the legitimate rights and interests of other individuals, companies, social groups, or organizations.
8.10. Information Content Standards
To create a positive online environment, protect the legal rights of citizens, legal entities, and other organizations, and maintain national security and public interests, we will adhere to the "National Security Law of the People's Republic of China," "Cybersecurity Law of the People's Republic of China," "Regulations on Internet Information Service Management," "Personal Information Protection Law," and other laws, regulations, and departmental rules to foster a healthy online space and conduct activities that promote positive energy, handle illegal and harmful information, and more.
8.10.1. We encourage you to create, copy, and publish content that:
(1) Promotes excellent moral culture and contemporary spirit, fully showcasing a positive and uplifting spirit.
(2) Effectively responds to societal concerns, resolves doubts, clarifies matters, and promotes consensus.
(3) Encourages a healthy lifestyle and a positive, optimistic attitude.
(4) Has tasteful, classy content that extols virtuous values and promotes unity and stability.
8.10.2. You must not create, copy, or publish content that:
(1) Endangers the security of the country where the product or service is provided or used.
(2) Leaks state secrets, subverts state power, or undermines national unity.
(3) Damages national honor and interests.
(4) Distorts, defames, desecrates, or denies the deeds and spirit of heroes and martyrs, or insults, defames, or otherwise infringes upon the name, portrait, reputation, and honor of heroes and martyrs.
(5) Promotes terrorism, extremism, or incites terrorist or extremist activities.
(6) Incites ethnic hatred or discrimination, undermines ethnic unity.
(7) Undermines national religious policies, promotes cults and feudal superstitions.
(8) Spreads rumors, disrupts economic and social order.
(9) Spreads obscenity, pornography, gambling, violence, murder, terror, or incites crime.
(10) Insults or defames others, infringes upon others' reputation, privacy, and other legitimate rights and interests.
(11) Other content prohibited by laws and administrative regulations.
8.10.3. We will also take measures according to law to prevent and resist the production, copying, and publication of content that:
(1) Uses exaggerated titles inconsistent with the content.
(2) Hypes up scandals, rumors, or negative behaviors.
(3) Inappropriately comments on natural disasters, major accidents, and other disasters.
(4) Contains sexual implications, sexual provocation, or easily evokes sexual associations.
(5) Displays bloody, horrific, cruel scenes that cause discomfort.
(6) Incites discrimination or regional discrimination.
(7) Promotes low, vulgar, or kitschy content.
(8) May lead minors to imitate unsafe behavior, violate social morality, or encourage bad habits.
(9) Other content that negatively affects the online ecosystem.
8.11. Using Standards of the Information
8.11.1. Without our written permission, you may not, by yourself or authorize, permit, or assist any third party to:
(1) Copy, read, or use platform information content for any form of commercial purposes.
(2) Edit, organize, or arrange platform and related service information content and display it outside the original platform and related service source page.
(3) Use improper means to generate traffic, readership, or transaction guidance, diversion, or hijacking of the information content on the platform and related services.Β
9.IMBODY Rights
9.1. Displaying Your Content on IMBODY
9.1.1. IMBODY may support you in publishing, uploading, storing, sharing, sending, or displaying photos, images, videos, data, text, music, exercise plans, food logs, recipes, comments, and other information and content ("Your Content") through IMBODY services. You retain all rights to all content you post on IMBODY services. By posting or providing Your Content on IMBODY services, you hereby grant IMBODY a non-exclusive, transferable, sublicensable, global, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, and distribute all or part of Your Content (including your name and likeness) and create derivative works based on it.
9.1.2. You are responsible for Your Content. You represent and warrant that you own Your Content or have all necessary rights to grant us the license to use Your Content as described in this clause.
9.1.3. You further represent and warrant that Your Content and the use and provision of Your Content on IMBODY services, as well as your use of IMBODY services, will not:
(1) Infringe, misappropriate, or violate any third party's patent, copyright, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
(2) Violate any applicable laws or regulations or encourage any conduct that may violate any applicable laws or regulations or result in civil liability;
(3) Be fraudulent, false, misleading, or deceptive;
(4) Be defamatory, obscene, pornographic, vulgar, or offensive;
(5) Incite discrimination, bias, racial discrimination, hatred, harassment, or harm against any individual or group;
(6) Be violent or threatening in nature, or incite violence against any individual or entity;
(7) Encourage illegal or harmful activities or use of illegal or harmful substances.
9.1.4. You further agree not to:
(1) Upload any content containing software viruses, or designed to interrupt, destroy, or limit the functionality of any device or service, or contain any harmful, destructive files, or content;
(2) Use or attempt to use another user's account without authorization, or impersonate any individual or entity;
(3) Collect, solicit, or harvest information of other users for any reason, including but not limited to sending unsolicited communications;
(4) Commercially advertise, promote, or endorse products or services, or upload any advertisements, promotional materials, spam, contests, or sweepstakes content, or content that promotes or facilitates criminal activities;
(5) Use IMBODY services in any manner that, in our judgment, is objectionable or restricts or inhibits any other person from using or enjoying IMBODY services, or may expose us or our other users to any type of harm or liability.
9.1.5. IMBODY reserves the right, under this agreement, to decide to change, delete, or refuse to display any of Your Content and prohibit you from publishing, uploading, storing, sharing, sending, or displaying Your Content through IMBODY apps, websites, mini-programs, etc.
9.2. IMBODY Content: This includes any photos, images, graphics, videos, audios, data, text, music, exercise plans, food logs, recipes, comments, software, any form of works, and other information, content, or materials published, generated, provided, or otherwise made available through IMBODY services.
9.3. IMBODY content, IMBODY services, and related technologies are protected by copyright, trademarks, patents, intellectual property rights, and laws of China and other countries. We reserve all rights not explicitly stated in these terms. You agree not to delete, modify, or hide any copyright, trademark, service mark, or other proprietary notices contained in or accompanying IMBODY services. Without our prior written permission, you may not copy, imitate, or use our logos and any other IMBODY trademarks that may appear on IMBODY services, as well as the overall look and feel of IMBODY services, including headers, graphics, icons, and scripts. Other trademarks, product and service names, company names, or logos mentioned in IMBODY services are the property of their respective owners and may not be copied, imitated, or used in whole or in part without the permission of the trademark holder.
9.4. IMBODY's Enforcement Rights
IMBODY has the right to cancel or disable access to IMBODY services, any IMBODY content, or Your Content without prior notice, according to business development needs or upon review by national authorities, and to cancel or disable such access if we determine that IMBODY content, Your Content, or your use of IMBODY services is controversial or violates these terms. We reserve the right to investigate violations of these terms and any behavior that affects IMBODY services, and in response, we may take any action we deem appropriate.Β
10.Notice for Children Under 18
10.1. If you are under the age of 18, you must obtain consent from your guardian, and only with the full guidance and assistance of your guardian, can you use or accept IMBODY products or services after reading and agreeing to this User Agreement. In order to protect minors' reasonable use of our products and services, guardians can contact us to notify us of the management of minors' accounts. Upon receiving such notification, we have the right to limit the functions of the relevant account or freeze and reclaim the account.
10.2. IMBODY attaches great importance to the protection of minors' personal information. When minors fill in personal information, they should do so with the consent and under the guidance of their guardian, being cautious about the information provided
10.3. Guardians of minors understand and acknowledge that if minors engage in behavior that violates laws, regulations, or the content of this agreement during use, IMBODY has provided sufficient prompts and warnings. Any legal responsibility arising from this should be borne by the minors and their guardians. IMBODY does not bear any legal responsibility for this but will strive to assist.
10.4. Special Notices
10.4.1. Minors should use IMBODY products and related services under the supervision and guidance of their guardians, learning to use the internet correctly within a reasonable range, avoiding indulging in the virtual online space, and cultivating good internet habits.
10.4.2. Teenage users must abide by the National Convention on Civilized Internet Behavior for Teenagers.
10.4.3. IMBODY hereby reminds users to be cautious when posting content containing materials of minors. If you voluntarily publish such content, it is deemed that you have obtained the consent of the rights holder to display the portrait, voice, and other personal information of the minor on IMBODY products/services, and allow IMBODY to use the personal information content related to the minor in accordance with this User Agreement and the Privacy Policy.
10.4.4. Guardians should guide the minors to use IMBODY products/services reasonably. As IMBODY objectively cannot know whether users have obtained consent from guardians and used IMBODY products/services under their guidance, if the guardian conducts the user's actions, IMBODY has the right to reasonably determine that the user's behavior is normal and has obtained the consent and guidance of the guardian.
10.4.5. As a guardian, you should properly keep the payment account, payment password, and electronic devices with payment functions. If the guardian conducts tipping, recharge, or purchase of paid content to IMBODY or other entities during the use of IMBODY products/services by the ward, IMBODY has the right to reasonably determine that this behavior has been with your consent and instructions.
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11.Changes and Termination of IMBODY Services
11.1.Changes of Service
Due to changes in national policies or business development needs, IMBODY may change, temporarily or permanently, some or all functions, components, or content of IMBODY services. IMBODY shall not be responsible for any revisions, suspensions, or terminations of any functions, components, or content of IMBODY services to you or any third party. We reserve the right to determine the timing and content of software updates, which will be automatically downloaded and installed by IMBODY products without your consent.
11.2.Termination of Service.
We reserve the right, at the request of national authorities or upon the assertion of relevant rights holders, to suspend or cancel your account or access to any or all IMBODY services, or to terminate the rights under these terms. Following any such suspension, cancellation, or termination, we may delete or remove your content and other account-related information. You may contact the customer support department at any time to close your account.
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12.Disclaimer
IMBODY services and IMBODY content are provided "as is" without any form of warranty. Without limiting the foregoing, we expressly disclaim all express or implied warranties arising from or related to these terms or IMBODY services, including warranties of merchantability, fitness for a particular purpose, non-infringement, or any performance of the rights, as well as any warranties arising from trade practices or commercial practices. We do not guarantee that IMBODY services or IMBODY content will meet your requirements, or that there will be no interruptions, security issues, or failures during use. We do not make any warranties regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of IMBODY services or any IMBODY content.
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13. Liability for Breach of Contract
13.1. Regarding user violations of this User Agreement, relevant service regulations, or national laws and regulations, IMBODY reserves the right to take necessary measures based on the information it possesses, including but not limited to warnings, refusal of service, deletion of posted content, disconnection of links, freezing of accounts, and restricting service functions. IMBODY has the right to announce and warn of the handling results and take follow-up measures based on the investigation. In the case of illegal activities, IMBODY has the right to preserve and handle criminal information, report to public security, procuratorates, and other state agencies in accordance with the law, and cooperate with relevant departments for investigation.
13.2. In the event that a user violates this User Agreement, third-party service agreements, or other service regulations, resulting in complaints or claims from relevant parties, the user shall bear full legal responsibility alone, and IMBODY shall not be responsible for the user's violations. If your actions cause any losses to us (including but not limited to direct losses, reputational losses, investigations and fines by administrative or judicial authorities, third-party claims and breach penalties, etc.), we have the right to fully recover from you. If you have deposits, virtual currency, coupons, or other virtual benefits on the IMBODY platform, we have the right to freeze them.
13.3. To create a good online atmosphere, IMBODY respects and protects the legitimate rights and interests of others' intellectual property rights, reputation rights, name rights, and privacy rights. You promise and guarantee that the text, images, audio and video, links, etc., uploaded when using IMBODY products/services do not infringe upon any third party's intellectual property rights, reputation rights, name rights, privacy rights, and other legitimate rights and interests. If you violate this provision and receive claims or notices from relevant rights holders, we have the right to take necessary measures such as deletion, blocking, or disconnection of links, and you shall bear full legal responsibility for your infringement. IMBODY shall not be liable for this, but if your infringement causes losses to IMBODY and related parties (including but not limited to direct losses, reputational losses, fines, and claims from third parties), we have the right to fully recover from you.
13.4. Scope of Compensation for Losses
For losses incurred by users' inability to use IMBODY products/services due to reasons not attributable to IMBODY, or any incidental, special, punitive, or indirect damages related thereto, including but not limited to loss of profits, data loss, loss of goodwill, service interruption, computer damage, system failure, or replacement service fees, IMBODY and its affiliates are not responsible for the losses.
13.5. Some jurisdictions do not allow the exclusion or limitation of indirect or incidental damages, so the above limitations may not apply to you.
14. Dispute Resolution
14.1. Applicable Laws and Dispute Resolution Methods.
14.2. The place of signing of this agreement is Jimei District, Xiamen City, Fujian Province, People's Republic of China.
14.3. If you have any disputes or disagreements with the operator of IMBODY, you agree: Any disputes (collectively referred to as "Disputes") arising between you and IMBODY due to the Service Terms, IMBODY Services, or any other IMBODY products or services, or related to them, shall be subject to the dispute resolution process described below:
(1) Applicable Law: The resolution of any disputes (including the establishment, effectiveness, performance, interpretation, and dispute resolution of this agreement) under this agreement shall be governed by the laws of mainland China and interpreted accordingly.
(2) Informal Dispute Resolution: We hope to resolve your concerns without resorting to formal legal proceedings. Before filing a claim with IMBODY, you agree to attempt to resolve the dispute informally by contacting global-service@imbody.com. We will strive to communicate with you via email to resolve the dispute informally. If the dispute is not resolved within 15 days after submission, both you and IMBODY may resort to formal legal procedures.
(3) All disputes arising from this agreement shall be resolved through arbitration. Either party may submit the dispute to the Shenzhen International Arbitration Court and arbitration shall be conducted in accordance with the legal and effective arbitration rules at that time. The arbitration award shall be final and binding on both parties.
15. General Terms
Unless otherwise specified in this agreement, this provision constitutes the entire and exclusive agreement between IMBODY and you regarding IMBODY products/services, and this provision supersedes and replaces any and all prior oral or written understandings or agreements reached between IMBODY and you regarding IMBODY services and IMBODY content.
Without prior written consent from IMBODY, you may not assign, delegate, or transfer this provision by law or any other means. Any assignment or transfer of this provision by you without IMBODY's consent shall not be legally binding on IMBODY. IMBODY may freely and without restriction assign or transfer this provision. Subject to the foregoing, this provision shall be binding upon the parties hereto and their respective successors and permitted assigns, and shall inure to their benefit.
Any notice or other communication provided by IMBODY under this provision, including notice or communication regarding the amendment of this provision, shall be provided in one of the following ways:
(1) Via email;
(2) Posted on the IMBODY app;
(3) Through the IMBODY official website;
(4) Through IMBODY devices you have purchased.
For notices made via email, the date of receipt of such email shall be deemed the date of sending of such notice.
Failure by IMBODY to exercise any right or provision under this provision shall not be deemed a waiver of such right or provision. Waiver of any such right or provision shall be effective only if made in writing and signed by a duly authorized representative of IMBODY. Unless otherwise expressly provided in this provision, the exercise by either party of its remedies under this provision shall not affect its other remedies under this provision or elsewhere.
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16. Other Provisions
16.1. If any provision of this agreement is partially invalid or unenforceable for any reason, it shall not affect the binding force of the remaining provisions of this agreement on both parties.
16.2. The headings of the provisions of this agreement are for convenience of reading only and shall not be used as a basis for interpreting the provisions of this agreement.
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17. Contact Information
If you have any questions about this provision, please contact us.
You can contact us via global-service@imbody.com
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