“Service” or “Services” means ShaeFit™′s products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
“Personal Information” is information that can be used to identify you, either alone or in combination with other information. ShaeFit™ collects and stores the following types of Personal Information:
“Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
“Phenotype Information” is information regarding your phenotype generated through processing of your Personal Health Assessment and measurements.
“Self-Reported Information” is all information about yourself, including your disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your ShaeFit™ account.
“User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials – other than Phenotype Information and Self-Reported Information-generated by users of ShaeFit™ Services and transmitted, whether publicly or privately, to or through ShaeFit™.
“Web Behavior Information” is information on how you use the ShaeFit™ website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
“Aggregated Phenotype and Self-Reported Information” is Phenotype and Self-Reported Information that has been stripped of Registration Information and combined with data from a number of other users sufficient to minimize the possibility of exposing individual-level information while still providing scientific evidence.
“ShaeFit™″ means ShaeFit™, Inc., whose principal place of business is at Gloucester Rd, Wanchai, Hong Kong.
“R&D” means research and development activities performed by ShaeFit™ on user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
“Our Research” means scientific research that ShaeFit™ performs with the intent to publish in a scientific journal. Our Research activities do not include R&D.
Acceptance of Terms
Your use of ShaeFit™′s Services (excluding any services provided by ShaeFit™ under a separate agreement) is subject to the terms of the legal agreement between you and ShaeFit™ set forth in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting your Personal Health Assessment (“PHA”) and measurement information for processing, b) uploading a digital version of your Phenotype Information and interacting with it on the shaefit.com website, and/or c) creating and using a free ShaeFit™ account. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by ShaeFit™ for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that ShaeFit™ will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular ShaeFit™ Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. ShaeFit™ also may offer other services from time to time that may be governed by different terms of service.
Whether you submit your own PHA and measurements, PHA and measurements for anyone for whom you have legal authority to agree, or otherwise provide your own Phenotype Information, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with ShaeFit™, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
In addition to the conditions above, if you contribute or otherwise provide your own Phenotype Information, you must be twenty-one (21) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.
Description of the Services
The Services include access to the ShaeFit™ public website and personal phenotyping services, including the collection and analysis of your PHA and measurements. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of Phenotype research and technology in use by ShaeFit™ at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, ShaeFit™ is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ShaeFit™ provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that ShaeFit™ may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at ShaeFit™′s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ShaeFit™ when you stop using the Services unless you are requesting closure of your account. ShaeFit™ assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while ShaeFit™ may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ShaeFit™ at any time, at ShaeFit™′s discretion.
Risks and Considerations Regarding ShaeFit™ Services
Once you obtain your Phenotype Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as Phenotype research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of the information provided in our Services in the context of such advances, you may need to obtain further services from PH360 or from your physician or other health care provider.
You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., that someone with your phenotype may have a higher than average chance of poor health, which may lead to developing a specific condition or disease). These outcomes could have social, legal, or economic implications.
You should not change your health behaviors solely on the basis of information from ShaeFit™. Make sure to discuss your Phenotype Information with a physician or other health care provider before you act upon the insights resulting from ShaeFit™ Services. There may be known or unknown genes, environmental factors, or lifestyle choices that are far more important predictors of health and wellness. If your data indicate that you are at a higher level of overall wellness, you should not feel that you are protected from poor health outcomes. The opposite is also true; if your data indicate you are at a poor level of overall wellness, it does not mean you will definitively develop a disease or condition. In either case, if you have concerns or questions about what you learn through ShaeFit™, you should contact your physician or other health care provider.
Phenotype research is not comprehensive. While we calculate data based on many thousands of data points from your self-assessment, only a small percentage of them are known to be related to human traits or health outcomes. The research community is rapidly learning more about Phenotypes, and an important mission of ShaeFit™ is to conduct and contribute to this research. In addition, many ethnic groups are not included in Phenotype studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your Phenotype. In the future, the scientific community may show previous research to be incomplete or inaccurate.
Phenotype Information you share with others could be used against your interests. You should be careful about sharing your Phenotype Information with others. Currently, very few businesses or insurance companies request Phenotype information, but this could change in the future. The protection against discrimination by employers and health insurance companies for employment and coverage issues has not been clearly established. You may want to consult a lawyer to understand the extent of legal protection of your Phenotype Information before you share it with anybody.
Furthermore, Phenotype Information that you choose to share with your physician or other health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Phenotype Information that you share with family, friends or employers may be used against your interests. Even if you share Phenotype Information that has no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned Phenotype Information about your health and you do not disclose this to them, this may be considered to be fraud.
ShaeFit™ does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your Phenotype and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, ShaeFit™ believes that (a) the state of the understanding of Phenotype Information is rapidly evolving and at any given time we only comprehend part of the picture of the role of the Phenotype, and (b) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your Phenotype as well as your current symptoms, if any. Reliance on any information provided by ShaeFit™, ShaeFit™ employees, others appearing on our website at the invitation of ShaeFit™, or other visitors to our website is solely at your own risk.
ShaeFit™ Services are for research, informational, and educational use only. We do not provide medical advice. The Phenotype Information provided by ShaeFit™ is for research, informational, and educational use only. This means two things. First, many of the Phenotype discoveries that we report have not been clinically validated, and the technology we use, to date has not been widely used for clinical testing. Second, in order to expand and accelerate the understanding and practical application of Phenotype knowledge in health care, we invite and default all phenotyped users to participate in Our Research. As a result of the current state of Phenotype knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
By accessing ShaeFit™ Services, you agree to, acknowledge, and represent as follows: You understand that information you learn from ShaeFit™ is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the ShaeFit™ services are intended for research, informational, and educational purposes only, and that while ShaeFit™ information might suggest or offer insight into a lifestyle intervention, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that ShaeFit™ urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your Phenotype Information.
You give permission to ShaeFit™, its contractors, successors and assignees to perform phenotyping services on the PHA and measurements and you specifically request ShaeFit™ to disclose the results of analyses performed on your PHA and measurements to you and to others you specifically authorize.
You represent that you are twenty-one (21) years of age or older if you are providing a PHA and measurements or accessing your Phenotype Information. You are guaranteeing that any PHA and measurements you provide is your PHA and Measurements; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the PHA and measurements provided will be the PHA and measurements of that person.
If you are a customer outside the U.S. providing a PHA and measurements, you confirm that this act is not subject to any law or restriction in the country in which you reside. You agree that any PHA and measurements you provide and all resulting data may be transferred and/or processed outside the country in which you reside. You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee. You are aware that some of the information you receive may provoke strong emotion. You take responsibility for all possible consequences resulting from your sharing with others access to your Phenotype Information and your Self-Reported Information. You understand that all your Personal Information will be stored in ShaeFit™ databases and will be processed in accordance with the ShaeFit™ Privacy Statement.
Waiver of Property Rights: You understand that by providing any PHA and measurements, having your Phenotype Information processed, accessing your Phenotype Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by ShaeFit™ or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Phenotype Information or Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations ShaeFit™ has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify ShaeFit™ and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if ShaeFit™ has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, ShaeFit™ has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). After you have purchased our Service, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access ShaeFit™′s website through your username and password, you will defend and indemnify ShaeFit™ and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify ShaeFit™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ShaeFit™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
ShaeFit™ Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by ShaeFit™ for any Service; or by (2) actually using the Services. You acknowledge and agree that ShaeFit™ has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the ShaeFit™ Services, website, or other systems. ShaeFit™ may also include your information in Aggregated Phenotype and Self-Reported Information disclosed to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. ShaeFit™ will never release your individual-level Phenotype Information and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law. Further, you acknowledge and agree that ShaeFit™ is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that PH360 may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ShaeFit™ TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ShaeFit™, its employees, its users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, ShaeFit™ may, in its sole discretion, restrict access to the website for any reason. Please refer to our Privacy Statement to read about data protection related to your information.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not ShaeFit™, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service. You acknowledge that the Services content presented to you as part of the Services, whether original ShaeFit™ Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by ShaeFit™ and/or the sponsors who provide that content to ShaeFit™ (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically informed that you may do so by ShaeFit™ or by the owners of that content, in a separate written agreement.
Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to ShaeFit™ that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with ShaeFit™, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users such as Social offered pursuant to the Services), or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of ShaeFit™ or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by ShaeFit™; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of ShaeFit™’s website; (15) attempt to or actually override any security component of ShaeFit™ web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with ShaeFit™; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that ShaeFit™ has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which ShaeFit™ may suffer) of any such breach. In case of breach of any one of these agreements ShaeFit™ has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify ShaeFit™ and its affiliates against any liability, costs, or damages arising out of the breach of the representation. If you violate the terms of this Section and/or ShaeFit™ has a reasonable ground to suspect that you have violated the terms of this Section, ShaeFit™ has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your PHA and measurements is not subject to any export ban or restriction in the country in which you reside, 2) that your PHA and measurements and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country from which you access ShaeFit™′s Services online.
Material Posted Through The Service
ShaeFit™ will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-ShaeFit™ content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will ShaeFit™ be liable in any way for any non-ShaeFit™ content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledgeShaeFit™ that and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, ShaeFit™ and its designees shall have the right to remove any content that violates the TOS or is deemed by ShaeFit™, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Material Provided to ShaeFit™ – Your Proprietary Rights
You understand that ShaeFit™, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit ShaeFit™ to take these actions. You represent and warrant to ShaeFit™ that you have all the rights, power, and authority necessary to grant the above license.
User Content. ShaeFit™ does not claim ownership of the User Content you provide to ShaeFit™ (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give ShaeFit™, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for ShaeFit™ to make such User Content available to other companies, organizations, or individuals with whom ShaeFit™ has relationships, and to use such User Content in connection with the provision of those services.