Privacy Policy of Body By Simone
Body By Simone collects some Personal Data from its Users.
Owner and Data Controller
Body By Simone LA LLC
606 W 26TH ST
New York, NY
10001
United States
Owner contact email: appsupport@bodybysimone.com
Types of Data collected
Among the types of Personal Data that Body By Simone collects, by itself or through third parties, there are: Camera permission, email address, first name, last name, Usage Data, Cookies, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example) and password.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
The Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using Body By Simone.
All Data requested by Body By Simone is mandatory and failure to provide this Data may make it impossible for Body By Simone to provide its services. In cases where Body By Simone specifically states that some Data is not mandatory, Users are free not to communicate this Data without any consequences on the availability or the functioning of the service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by Body By Simone or by the owners of third-party services used by Body By Simone serves the purpose of providing the service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.
Users are responsible for any third-party Personal Data obtained, published or shared through Body By Simone and confirm that they have the third party’s consent to provide the Data to the Owner.
Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
Place
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
Retention time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
The use of the collected Data
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Device permissions for Personal Data access, Contacting the User, Analytics, Hosting and backend infrastructure and Registration and authentication.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Device permissions for Personal Data access
Depending on the User’s specific device, Body By Simone may request certain permissions that allow it to access the User’s device Data as described below.
By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact the Owner for support at the contact details provided in the present document.
The exact procedure for controlling app permissions may be dependent on the User’s device and software.
Please note that the revoking of such permissions might impact the proper functioning of Body By Simone.
If User grants any of the permissions listed below, the respective Personal Data may be processed (i.e accessed to, modified or removed) by Body By Simone.
Camera permission
Used for accessing the camera or capturing images and video from the device.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics for Firebase (Google Inc.)
Google Analytics for Firebase or Firebase Analytics is an analytics service provided by Google Inc. In order to understand Google’s use of Data, consult Google’s partner policy.
Firebase Analytics may share Data with other tools provided by Firebase, such as Crash Reporting, Authentication, Remote Config or Notifications. The User may check this privacy policy to find a detailed explanation about the other tools used by the Owner.
Body By Simone uses identifiers for mobile devices (including Android Advertising ID or Advertising Identifier for iOS, respectively) and technologies similar to cookies to run the Firebase Analytics service.
Users may opt-out of certain Firebase features through applicable device settings, such as the device advertising settings for mobile phones or by following the instructions in other Firebase related sections of this privacy policy, if available.
Personal Data collected: Cookies, unique device identifiers for advertising (Google Advertiser ID or IDFA, for example) and Usage Data.
Place of processing: USA – Privacy Policy
Contacting the User
Mailing list or newsletter (Body By Simone)
By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning Body By Simone. Your email address might also be added to this list as a result of signing up to Body By Simone or after making a purchase.
Personal Data collected: email address, first name, last name and Usage Data.
Device permissions for Personal Data access
Body By Simone requests certain permissions from Users that allow it to access the User’s device Data as described below.
Device permissions for Personal Data access (Body By Simone)
Body By Simone requests certain permissions from Users that allow it to access the User’s device Data as summarized here and described within this document.
Personal Data collected: Camera permission.
Hosting and backend infrastructure
This type of service has the purpose of hosting Data and files that enable Body By Simone to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of Body By Simone. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.
Amazon Web Services (AWS) (Amazon)
Amazon Web Services is a hosting and backend service provided by Amazon.com Inc.
Personal Data collected: various types of Data as specified in the privacy policy of the service.
Place of processing: See the Amazon privacy policy – Privacy Policy
Registration and authentication
By registering or authenticating, Users allow Body By Simone to identify them and give them access to dedicated services.
Depending on what is described below, third parties may provide registration and authentication services. In this case, Body By Simone will be able to access some Data, stored by these third-party services, for registration or identification purposes.
Direct registration (Body By Simone)
The User registers by filling out the registration form and providing the Personal Data directly to Body By Simone.
Personal Data collected: email address, first name, last name and password.
Further information about Personal Data
Push notifications
Body By Simone may send push notifications to the User.
Additional information about Data collection and processing
Legal action
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of Body By Simone or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
Additional information about User’s Personal Data
In addition to the information contained in this privacy policy, Body By Simone may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.
System logs and maintenance
For operation and maintenance purposes, Body By Simone and any third-party services may collect files that record interaction with Body By Simone (System logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
Body By Simone does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Changes to this privacy policy
The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using Body By Simone and can request that the Data Controller remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.
Information about this privacy policy
The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by iubenda and hosted on iubenda’s servers.
Definitions and legal references
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Usage Data
Information collected automatically from Body By Simone (or third-party services employed in Body By Simone), which can include: the IP addresses or domain names of the computers utilized by the Users who use Body By Simone, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
User
The individual using Body By Simone, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.
Data Subject
The legal or natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of Body By Simone. The Data Controller, unless otherwise specified, is the Owner of Body By Simone.
Body By Simone
The hardware or software tool by which the Personal Data of the User is collected.
Cookies
Small piece of data stored in the User’s device.
Legal information
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.
This privacy policy relates solely to Body By Simone.
Latest update: March 28, 2018
TERMS OF SERVICE
Terms Of Service
Version 1.0
Last Modified: 3/28/2018
HEALTH WARNINGS AND LIABILITY DISCLAIMER:
THIS MOBILE APPLICATION (REFERRED TO HEREIN AS THE “MOBILE APPLICATION”, “MOBILE APP”, AND/OR “APP”) AND IT’S RELATED WEBSITE (INCLUDING ANY AFFILIATED OR SUBSIDIARY MOBILE APPLICATION OR WEBSITE) ARE AN ONLINE FITNESS AND NUTRITION SERVICE WITH ITS HEALTH AND FITNESS CONTENTS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY EXERCISE PROGRAM, NUTRITION PROGRAM, OR FITNESS ACTIVITY. NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE.
YOU ARE ENTIRELY RESPONSIBLE AND ASSUME ALL RISK FOR USE OF THE CONTENT ON THIS WEBSITE AND THE PERFORMANCE OF ANY ACTIVITY DEPICTED HEREIN AS WELL AS THE USE OF ANY SUPPLEMENT, NUTRITION PRODUCT, EXERCISE EQUIPMENT, FOOD RECIPE, OR RELATED PRODUCT. YOU SHOULD NOT USE THE CONTENT OR ACTIVITIES PERFORMED OR DESCRIBED THEREIN IN HIGH-RISK ACTIVITIES OR WHERE YOU HAVE ANY PHYSICAL, MEDICAL, OR HEALTH CONDITION WHICH MAY LIMIT OR AFFECT YOUR ABILITY TO PERFORM ANY ACTIVITY DEPICTED OR DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, FAMILY HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE, SMOKING, HIGH CHOLESTEROL, BREATHING PROBLEMS, OR HAVE EVER EXPERIENCED CHEST PAIN WHILE EXERCISING.
PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED ON THIS MOBILE APPLICATION INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISKS OF HARM. IF AT ANY TIME WHILE YOU ARE PERFORMING ANY ACTIVITY DEPICTED HEREIN YOU FEEL DISCOMFORT, LIGHT-HEADED, NAUSEOUS OR HAVE CHEST OR ANY OTHER PAINS, YOU SHOULD STOP IMMEDIATELY AND CONTACT A DOCTOR OR DIAL 911.
EXERCISE IS NOT WITHOUT ITS RISKS AND THIS OR ANY OTHER EXERCISE PROGRAM MAY RESULT IN INJURY. TO REDUCE THE RISK OF INJURY IN YOUR CASE, CONSULT YOUR DOCTOR BEFORE BEGINNING THIS OR ANY EXERCISE PROGRAM. THE INSTRUCTORS AND ADVICE PRETEND IN THESE VIDEO WORKOUTS ARE IN NO WAY INTENDED AS A SUBSTITUTE FOR MEDICAL CONSULTATION, THE INSTRUCTOR(S) DISCLAIMS ANY LIABILITY FROM AND IN CONNECTION WITH THIS PROGRAM. AS WITH ANY EXERCISE PROGRAM, IF AT ANY POINT DURING YOUR WORKOUT YOU BEGIN TO FEEL FAINT, DIZZY, OR HAVE PHYSICAL DISCOMFORT, YOU SHOULD STOP IMMEDIATELY AND CONSULT A PHYSICIAN.
YOU UNDERSTAND THAT ALTERING YOUR DIET, NUTRITION OR LIFESTYLE CARRIES INHERENT HEALTH RISKS. THESE RISKS MAY INCLUDE, AMONG OTHERS, ALLERGIC REACTIONS, FOOD INTOLERANCES AND SENSITIVITIES, CERTAIN ILLNESSES, DISEASES OR NEGATIVE HEALTH CONDITIONS, NEGATIVE REACTIONS WITH MEDICATION, OTHER PHYSICAL OR MEDICAL SIDE EFFECTS, PHYSICAL INJURIES OR AILMENTS, AND POSSIBLY FATAL REACTIONS. YOUR USE OF THIS MOBILE APPLICATION IS COMPLETELY VOLUNTARY. YOU UNDERSTAND, AND KNOWINGLY AND VOLUNTARILY ASSUME, ANY AND ALL HEALTH RISKS RELATED TO YOUR USE OF THIS MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY RISKS ASSOCIATED WITH CONSUMING OR COOKING ANY OF THE FOODS, MEALS, SNACKS, SMOOTHIES, INGREDIENTS OR RECIPES PROVIDED ON THIS MOBILE APPLICATION.
YOU ARE STRONGLY URGED AND ADVISED TO SEEK THE ADVICE OF A MEDICAL DOCTOR OR PHYSICIAN BEFORE: (I) USING THIS MOBILE APPLICATION OR ANY OF ITS PRODUCTS, SERVICES OR PROGRAMS; (II) MAKING ANY CHANGES TO YOUR DIET, NUTRITION OR LIFESTYLE; (III) ENGAGING IN ANY FORM OF WEIGHT LOSS EFFORT OR REGIMEN; (IV) ENGAGING IN ANY FORM OF PHYSICAL FITNESS, EXERCISE OR WORKOUT EFFORT OR REGIMEN; AND (V) CONSUMING OR COOKING ANY OF THE FOODS, MEALS, SNACKS, SMOOTHIES, INGREDIENTS OR RECIPES PROVIDED ON THIS MOBILE APPLICATION.
THIS MOBILE APPLICATION IS INTENDED FOR USE SOLELY BY HEALTHY ADULT INDIVIDUALS AND IS NOT INTENDED FOR USE BY MINORS, PREGNANT WOMEN OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY URGED AND ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE BEFORE ANY USE OF THIS MOBILE APPLICATION.
THIS APP IS NOT A MEDICAL ORGANIZATION AND KELLY LEVEQUE AND SIMONE DE LA RUE ARE EACH NOT A MEDICAL DOCTOR, PHYSICIAN, REGISTERED DIETICIAN, CERTIFIED CLINICAL NUTRITIONIST, OR OTHER LICENSED OR REGISTERED MEDICAL OR HEALTH CARE PROFESSIONAL. NEITHER THE MOBILE APPLICATION NOR KELLY LEVEQUE SIMONE DE LA RUE ARE ACTING IN ANY SUCH CAPACITIES. THEY CANNOT GIVE YOU ANY MEDICAL ADVICE OR DIAGNOSIS, AND NOTHING CONTAINED IN THIS MOBILE APPLICATION SHOULD BE CONSTRUED AS MEDICAL ADVICE OR DIAGNOSIS. THE INFORMATION ON THIS APP SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR PHYSICIAN CONSULTATION, EVALUATION OR TREATMENT.
YOU, FOR AND ON BEHALF OF YOURSELF AND YOUR ESTATE, SUCCESSORS, ASSIGNS, HEIRS, EXECUTORS, BENEFICIARIES, TRUSTEES, ADMINISTRATORS, PERSONAL OR LEGAL REPRESENTATIVES, AFFILIATED ENTITIES, FIDUCIARIES, INSURERS, ATTORNEYS AND AGENTS, HEREBY ABSOLUTELY, IRREVOCABLY AND UNCONDITIONALLY WAIVE AND RELEASE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND COVENANT NOT TO BODY BY SIMONE LA LLC, SIMONE DE LA RUE, SUE KELLY LEVEQUE OR HIS/HER/ITS ESTATE, SUCCESSORS, ASSIGNS, HEIRS, EXECUTORS, BENEFICIARIES, TRUSTEES, ADMINISTRATORS, PERSONAL OR LEGAL REPRESENTATIVES, AFFILIATED ENTITIES, FIDUCIARIES, INSURERS, ATTORNEYS AND AGENTS (“RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, CLAIMS, DEMANDS, ACCIDENTS, INJURIES (INCLUDING DEATH), ILLNESSES, DISEASES, AILMENTS, HEALTH CONDITIONS, OBLIGATIONS, MEDICAL EXPENSES, ACTIONS, CAUSES OF ACTION, FINES, PENALTIES, SETTLEMENTS, JUDGMENTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), WHETHER IN LAW OR IN EQUITY, IN TORT OR IN CONTRACT, BY STATUTE, PURSUANT TO CASE LAW OR OTHERWISE, ARISING OUT OF, RELATED TO, IN CONNECTION WITH, OR CAUSED DIRECTLY OR INDIRECTLY BY THE MOBILE APPLICATION OR ANY OF ITS PRODUCTS, SERVICES, PROGRAMS, INFORMATION, CONTENT OR RECOMMENDATIONS, INCLUDING, WITHOUT LIMITATION, THE CONSUMPTION OR COOKING ANY OF THE FOODS, MEALS, SNACKS, SMOOTHIES, INGREDIENTS OR RECIPES PROVIDED ON THE MOBILE APPLICATION.
THE RELEASED PARTIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, YOUR CONSUMPTION OR COOKING OF ANY OF THE FOODS, MEALS, SNACKS, SMOOTHIES, INGREDIENTS OR RECIPES PROVIDED ON THE APP, EVEN IF THE RELEASED PARTIES ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. FURTHER, IN NO EVENT SHALL THE RELEASED PARTIES’ LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO THE APP OR THIS AGREEMENT EXCEED THE FEES ACTUALLY PAID BY YOU TO THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM THAT GAVE RISE TO SUCH LIABILITY.
FDA WARNING
ANY SUPPLEMENT, RECIPE, FOOD, OR OTHER PRODUCTS DISCUSSED, SOLD, OR RECOMMENDED ON THIS MOBILE APPLICATION OR THE RELATED WEBSITE MAY CONTAIN CERTAIN STATEMENTS THAT HAVE NOT BEEN EVALUATED BY THE US FOOD AND DRUG ADMINISTRATION. BY LAW, WE ARE REQUIRED TO INFORM YOU THAT THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND THAT THOSE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.
Terms Of Service
Version 1.0
Last Modified: 12/08/2017
Thank you for using our products and services (the “Service/s”). By becoming a member or using our Services, you accept and agree to these Terms and Conditions (“Terms”). Therefore, it is important that you carefully read through these Terms. If you do not agree to these Terms, you should not register with the Body by Simone LA LLC, including its affiliates and/or subsidiaries (collectively referred to herein as “BBS”) Mobile Application (the “App”).
Using our Services
To use our Services you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either BBS or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that:
All of the personal data provided by you is accurate and up to date.
You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your BBS account (“User Material”).
BBS does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove User Material from the Service and/or your user account and to terminate your account and membership.
Your membership, including your email and password, with BBS is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. BBS is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform BBS’ Customer Service. Contact details are available at the bottom of this document.
BBS is not intended for use by persons under the age of 13. To use BBS, you must be at least 13 years old. To use BBS product features that integrated with other platforms you must be at least 13 years old.
Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund, if applicable.
You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through our Services.
You may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, child pornography or pornography through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services.
If you have any criticism or feedback regarding BBS or our Services, you will first contact BBS to help us to improve our Services.
You may not transmit, and/or distribute files that may damage BBS’ or others’ computers or property (such as viruses and Trojan horses).
You may not share others’ personal information, without their approval.
Your account
You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription on the Apple App Store. Please note that if you have subscribed to BBS through the use of App Store, or any other such service provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website. Special terms apply to any premium offering by BBS.
Health and nutritional information
You are responsible for your own health. BBS is not a medical organization, and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users to record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. BBS cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults, and please do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by BBS. BBS cannot guarantee that the nutritional information provided in our database is accurate, reliable or complete. BBS is not responsible for any personal injury (including death) or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.
BBS Premium Products
This section only applies when you purchase and/or subscribe to BBS’ paid products. By paying the subscription fee you get access to the premium products during the time your subscription is valid, subject to these Terms.
All subscriptions with BBS are paid in advance.
You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. The subscription can be cancelled at anytime. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. If you have subscribed to BBS through the use of App Store, or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. BBS reserves the right to change the subscription fees from time to time.
You hereby consent to be charged immediately upon subscribing with BBS for premium or other paid products. This means that you will only have 14 days to withdraw from the contract with BBS from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. To use your right of withdrawal you must send an email to BBS. Any prepaid fees will be refunded within 30 days. All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. Default in payment shall not be deemed as a termination of any BBS paid subscription.
Intellectual Property
All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of BBS and/or third parties.
You agree not to use Intellectual Property for any other purposes except for your use of the Service, unless required otherwise by applicable mandatory law.
By submitting User Material to BBS, you warrant and represent that you hold the copyright, trademark and/or other intellectual property rights to your content. You agree to grant BBS a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use User Material to the extent necessary for BBS to operate and maintain the Service. This license shall remain valid until the respective User Material is deleted from the Service by you or by BBS in accordance with these Terms.
Disclaimer and limitation of liability
You use the Service at your own risk. The Service is provided “AS IS”, without any warranties, and BBS does not warrant that the Service and availability thereof will be uninterrupted or error free. BBS does not assume any responsibility for errors or omissions in the information or software or other documents, including User Material, which are referenced by or linked to. References or links to third parties’ websites are provided “AS IS” without warranty of any kind, either express or implied.
In no event shall BBS be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, BBS’ aggregated liability for any direct damages shall be limited to the lesser of: (i) membership fees paid by the user; (ii) membership fees paid by the user during the previous calendar year; or (iii) $1,000 USD.
Miscellaneous
For the sake of clarity, BBS doesn’t undertake the obligation to monitor the contents of User Material. We allow users to see content generated by other users. Sometimes, users may view content that we deem as inappropriate.
You are not entitled to assign your rights and/or obligations under these Terms or use of the Service to any third party without BBS prior written consent. BBS is entitled to assign its rights and/or obligations under these Terms.
BBS reserves the right to refuse the Service to anyone for any reason at any time. BBS may revise these Terms from time to time and the most current version will always be posted on BBS’ website (https://www.bodybysimone.com/). Any and all material changes shall become into effect between you and BBS upon your acceptance of such changes (e.g. by using the Services after such notification has been made to you or renewing your subscription).
Governing law and dispute resolution
These Terms and the use of the Services are governed by the laws of New York, except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Service shall be resolved by instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Contact details
For further information, inquiries or assistance you may contact BBS. Customer Service is available in ways specified on the website or in the apps. The channels for support might differ from time-to-time.
Contact Information
Body By Simone LA LLC
606 W 26TH ST
New York, NY
10001
United States
appsupport@bodybysimone.com
Thank you for using our Mobile Application!
