The consent must be freely given (in accordance with applicable law in your jurisdiction) and given by a statement or a clear affirmative action. InBody reserves the right to contract third parties for support related purposes. From body fat, water percentage, to visceral fat, these scales have the latest technology … (b) Notwithstanding anything in the foregoing to the contrary, Confidential Information shall not include information which: (i) was known by the Receiving Party prior to receiving the Confidential Information from the Disclosing Party; (b) becomes rightfully known to the Receiving Party from a third-party source not known (after diligent inquiry) by the Receiving Party to be under an obligation to Disclosing Party to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the Receiving Party in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation, although the requirements of paragraph 4 hereof shall apply prior to any disclosure being made; and (e) 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. c. Notification to Supervisory Authorities – We may notify (depending on the assessment of the Division 10.1 “determine if the breach poses a “real risk of significant harm” from PIPEDA) the supervisory authority, in case of a Covered Data Breach outside of our custody and control, once we become aware of it. . 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. Below you will find the industry's finest equipment. You, the non-InBody signatory 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. In addition to the requirements set forth below in Section 5, the process for obtaining Member consent to store their data must, at a minimum, meet the specifications set forth from the Developer Documentation. When you develop in conjunction with the InBody platform (“Developer”), you acknowledge that you have also agreed to our Business Partner Agreement and Privacy Policy and that these Terms are in addition and relating specifically to your use of our API. Data can be deleted (i) if an Administrator of the Site deletes the data or account on the Site; or (ii) 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). If you have questions or comments about these Terms, please contact us online (LBWeb@inbody.com) or by physical mail at: 13850 Cerritos Corp Drive Unit C, This Agreement is as a formalization of Customer and InBody’s business partnership regarding an application program interface (“API”) provided to you by InBody in relation to your use of certain InBody Services, as defined below. Yet taking a body analysis and understanding the different variables that make up your body composition has its advantages too. (b) Notwithstanding anything in the foregoing to the contrary, Confidential Information shall not include information which: (i) was known by the Receiving Party prior to receiving the Confidential Information from the Disclosing Party; (b) becomes rightfully known to the Receiving Party from a third-party source not known (after diligent inquiry) by the Receiving Party to be under an obligation to Disclosing Party to maintain confidentiality; (c) is or becomes publicly available through no fault of or failure to act by the Receiving Party in breach of this Agreement; (d) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed by law or regulation, although the requirements of paragraph 4 hereof shall apply prior to any disclosure being made; and (e) 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. 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. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. Facility User – an employee, a representative or a staff member of the Analysis Facility. Where InBody has provided you with a translation of the English language version of these Terms or any document referenced in these Terms, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control. We have policies and procedures in place: i. to access the level of risk to Covered Data subjects as soon as feasible, ii. You agree that we can use, store, and share information submitted by you to InBody in connection with your Application to contact you, for attribution purposes, handling inquiries from Members or potential Members about your Application, for other purposes under these Terms (for example, we may email you with updates regarding the developer program), and as otherwise permitted in our Privacy Policy. NOT APPLY TO ANY DAMAGE THAT INBODY MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS. You also agree to assist InBody in verifying your compliance with these Terms by providing us with information about your Application and storage of Content, which may include access to your Application and other materials or Systems related to your use of the APIs. This Agreement does not create a joint venture or partnership between the parties. Your user agreement and privacy policy must be prominently identified or located where Members download or access your Application. The storage of End User’s data on the server allows them to track changes over multiple tests and multiple Service(s). C. With Service Providers and Business Partners: We may collaborate with other companies and individuals to perform services on our behalf. End User – refers to an individual, patient or a member who receives use of the Service(s) from you and/or Analysis Facility. InBody’s signature technology is Direct Segmental Multi-frequency Bioelectrical Impedance Analysis (DSM-BIA) which separately measures the impedance of the arms, legs, and trunk. For the Duration you grant us a royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (a) use, perform, and display your Application and its content for purposes of marketing, demonstrating, and answering inquiries; (b) link to and direct Members to your Application; and (c) sublicense the foregoing rights to InBody Affiliates (as defined in Section 12.3 below). (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. This Policy is made counterpart to, and is deemed executed concurrently with, the Terms of Service for API and a Business Partnership Agreement entered between End User and InBody. If you are not authorized, you may not accept the Terms or register an Application for someone else. Any change to End User’s Personal Information will not impact End User’s previous tests. We have a relationship with third-party service providers including, but not limited to, LookinBody Company and InBody Co., Ltd. a. The elderly are at particular risk for not having sufficiently developed Lean Body Mass due to their tendency to lose muscle as a result of reduced physical activity. 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 auditing purposes. By submitting an API key for a software application, website, InBody product, or service you offer (an “Application”) at the InBody developer site https://apiusa.lookinbody.com (the “Developer Site”), you acknowledge that you, your clients and users are in good standing and understand and agree to be bound by these InBody API Terms of Use (the “Terms”). Nevertheless, the End User should be vigilant of the accuracy of their own Personal Information. All activities that occur using those access credentials are your responsibility. In such an event, End User’s information will transfer to the acquiring company. As the Analysis Facility and End User have full authority to change or update any part of the Personal Information, InBody and its affiliates do not take responsibility for test results and/or decisions made, based on the inaccurate Personal Information. Understand Body Water Composition and Segmental Body Water Analysis to monitor trends and detect unusual shifts in fluid distribution that can result from injury, aging, obesity, and other health factors. For any Claim (excluding claims for injunctive or other equitable relief) arising out of or related to these Terms, where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the Claim in a cost effective manner through binding non-appearance-based arbitration.
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