Last Updated: February 29, 2024
1. Introduction
This website is operated by Shape Labs, Inc. (dba "Shape"), a Delaware incorporated C corporation with headquarters at 179 11th St, San Francisco, CA 94103. Shape is the maker of the ShapeScale product and related services "ShapeScale for Business" and "ShapeScale for Home". By visiting our website and/or purchasing something from us, the individual or entity (hereinafter referred to as the "Customer") engages in our “Service” and agrees to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers (hereinafter referred to as "Visitors"), vendors, customers, merchants, and/or contributors of content.

1.1 Acceptance of Terms

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, the Visitor agrees to be bound by these Terms of Service. If the Visitor does not agree to all the terms and conditions of this agreement, then the Visitor may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

1.2 Changes to Terms

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. The Visitor can review the most current version of the Terms of Service at any time on this page. Shape reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the Visitor's responsibility to check this page periodically for changes. The Visitor's continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. Eligibility
By agreeing to these Terms of Service, the Customer represents that they are at least the age of majority in their state or province of residence, or that they are the age of majority in their state or province of residence and they have given us their consent to allow any of their minor dependents to use this website.
3. General Conditions
Shape reserves the right to refuse service to anyone for any reason at any time. Further, Shape reserves the right to withdraw or amend this website in our sole discretion without notice at any time. Shape will not be liable if all or any part of the website is unavailable at any time or for any period.
4. Accuracy, Completeness and Timeliness of Information
Shape is not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this website is at the Visitor's own risk.
5. Modifications to the Service and Prices
Prices for our products are subject to change without notice. Further, Shape reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. If any product or Service is discontinued or otherwise becomes unavailable, Shape reserves the right to cancel the Customer's order and provide the Customer a refund for the amount paid for the product or Service. Shape shall not otherwise be liable to the Customer or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. Accuracy of Billing and Account Information
Shape reserves the right to refuse any order the Customer places with us.Although Shape strives to accept all valid orders, we reserve the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about products or Services or receive insufficient or erroneous billing, payment, and/or delivery information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered product or Services are unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.

Further, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify the Customer by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

The Customer agrees to pay for all orders made from their account in accordance with the prices and billing terms in effect at the time an order is made from the account. The Customer also agrees to pay all applicable taxes. Payments are processed using Stripe, Inc. (“Payment Processor”). As a condition of using the Payment Processor’s payment processing, the Customer must provide current, complete and accurate purchase and account information for all purchases made from our website. The Customer agrees to promptly update their account and other information, including their email address and credit card numbers and expiration dates, so that we can complete the transactions and contact the Customer as needed.

The Customer hereby authorizes us to share this information with the Payment Processor. All bank and credit card information are sent directly to and stored with the Payment Processor using its security protocols. We do not store the Customer's payment information on our systems and shall not have any responsibility for the safety or security of that information.

The Customer's use of the Payment Processor’s payment processing is conditioned upon compliance with all of such Payment Processor’s applicable terms and conditions, and if the applicable Payment Processor agreement is terminated by the Payment Processor, the Customer may not be able to use the Services, or may have their account suspended or terminated. We may change or add other payment processing services at any time upon notice to the Customer, which may be subject to additional terms or conditions.

For details on our policies with respect to refunds and returns, please review our Refund and Return Policy.
7. Ordering and Delivery
To order a ShapeScale device ("Device"), customers must complete the online checkout process on our website (the "Checkout"). Upon placing an order, customers acknowledge that ShapeScale reserves the right to charge a penalty of up to $1,000 for any damage to the Device caused by mishandling, improper shipping, or willful damage beyond normal wear and tear. Additionally, failure to return the device or multiple months of failure to pay for lease payments will lead to us charging the full commercial purchase price of $9,780 and send this to debt collectors ​​​​​​​​.

Devices are made to order. After an order is placed, ShapeScale will arrange for the delivery of the Device(s) to the address provided by the customer. The estimated delivery date will be indicated during the Checkout. However, this date may change due to manufacturing delays or supply chain constraints. Customers are responsible for a one-time delivery and setup charge of $99, which covers the cost of delivering the Device and setting up the services.

International Customers outside of the United States are responsible for any import duties or taxes imposed by their respective countries. Additionally, Customers located outside of Canada and the United States will be required to cover the shipping costs back to our office in San Francisco, CA, in the event of returns and warranty replacements.
8. Service Activation and Billing
Upon delivery of the Device, ShapeScale will provide onboarding instructions to assist the customer with Device and Service activation, as well as with the setup of required staff accounts, within the limitations of the Service Capacity.

Following this, customers will enter into a monthly billing agreement for the services at a rate of $199 per month per ShapeScale device, covering up to 100 "monthly active users" (MAUs). An MAU is defined as a user who has taken at least one scan per given billing month. Service fees increase to $299 per month if MAUs exceed 100 but are less than 250. If MAUs exceed 250, the service fees rise to $399 per month, with usage not to exceed more than 500 MAUs. Violations of these terms may result in service interruptions.

The first 90 days of the service constitute the "Pilot Period," during which customers can fully evaluate the Device and Services. The Pilot Period features a 90-day satisfaction guarantee. If a customer is not satisfied with the Device or Services during the Pilot Period, they can return the Device and receive a full refund of any service fees paid, excluding the non-refundable delivery and setup charge. The penalty for damage as stated above will be assessed separately, if applicable.
9. User Conduct
Visitors and Customers are prohibited from using the website, its content, or our Device and Service for any unlawful purpose or in any way that violates these Terms. This includes, but is not limited to, using the website or our Device and Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to transmit or to solicit others to transmit, any advertising or promotional materials without our prior written consent; to collect or track the personal information of others; for any obscene or immoral purpose; to impersonate or attempt to impersonate our employees, another user, or any other person or entity; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Shape reserves the right to terminate the use of the Service or any related website for violating any of these prohibited uses.

9.1. Restrictions & Responsibilities

Customers will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

With respect to any Software that is distributed or provided to Customers for use on Customer premises or devices, Shape hereby grants Customers a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.

Further, Customers may not remove or export from the United States or allow the export or re-export of the Services, Software, or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

Customers represent, covenants, and warrants that they will use the Device only in compliance with Shape's standard published policies then in effect and all applicable laws and regulations. Customers agree to use the device only for personal health and fitness tracking and not for any medical or diagnostic purposes. Customers acknowledge that the Device is not an FDA approved device and is not intended for use in the diagnosis, treatment, or prevention of any disease.

Customers shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, "Equipment").

Customers shall also be responsible for maintaining the security of the Devices and Staff Accounts, passwords (including but not limited to administrative and user passwords), and files, and for all uses of Customer account or the Equipment with or without Customer's knowledge or consent.
10. Lifetime Warranty
Shape warrants that your Device is free from defects in materials or workmanship for as long as the Services are active with no outstanding balance or any unpaid fees (such period, the “Warranty Period” and such warranty, the “Lifetime Warranty”). If the Device is defective during the Warranty Period, Shape will provide the necessary replacement, subject to the conditions below, at no additional charge. Shape is not responsible to repair or replace the Device if Customers violate this Lifetime Warranty.

This Lifetime Warranty is non-transferable.To be eligible for the Lifetime Warranty, Customers must:
  • Have an active Service with no outstanding balance or any unpaid fees; and
  • Have purchased the Device directly from Shape or Shape-approved partners.
This Lifetime Warranty does not cover:
  • Lost Device(s);
  • Cosmetic damage;
  • Any unauthorized modification to the Device;
  • Attempted repair by unauthorized persons or with any parts not originally intended for or compatible with the Device; or
  • Any alteration of the factory model name and/or serial number.
  • Damage or failure due to accident, acts of God, unauthorized commercial use, abuse, neglect, theft, unusual atmospheric conditions;
  • Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by Shape;
This Lifetime Warranty gives the purchaser specific legal rights. Customers may also have other rights which vary from state to state that may result in the change of this Lifetime Warranty.

Shape will provide ongoing service and support for the Device, including software updates and troubleshooting assistance. We will respond to any service or support requests made by the Customer within a reasonable timeframe.
11. Refunds and Cancellations
The first 90 days of the Service is considered the Trial Period, during which Customers can fully test the Device and Services. If a Customer is not satisfied with the Device or Services during the Trial Period, they can return the Device subject to our Return Policy.

International Customers outside of Canada and the United States will be responsible for the shipping costs back to our office in San Francisco, CA, for returns and warranty replacements. The penalty for damage as mentioned in section 7 will be assessed separately, if applicable.
12. Privacy Policy
Your privacy is important to us. We invite you to read our Privacy Policy, which explains how we collect, use, and protect your information. By using our Services, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy can be found here.
13. Intellectual Property Rights
All content, features, and functionality of the Services, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Shape, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as expressly permitted by these Terms.
14. Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of our Services will be resolved through binding arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
15. Limitation of Liability
To the extent permitted by law, Shape will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or other economic advantage) arising out of or in connection with these Terms, even if we have been advised of the possibility of such damages.
16. Changes to the Terms
Shape reserves the right to modify these Terms at any time. We will notify Customers of any significant changes and indicate at the top of the Terms when they were most recently updated. Continued use of our Services after any changes constitutes acceptance of the new Terms.
17. Termination
During the 90-day Trial Period, the customer may terminate this agreement by providing ShapeScale with written notice at least 10 days before the end of the Trial Period. Following the Trial Period, the Service Term automatically rolls over into an annual commitment of 12 months. Either party may terminate this agreement at the end of the annual term by providing written notice to the other party at least 30 days before the end of the current term.

Either Shape or the Customer may terminate this agreement at the end of the Service Term or any renewal term by providing written notice to the other party at least 30 days before the end of the current term.
18. Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
19. Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
20. Force Majeure
Neither Shape nor you will be liable for any failure or delay in performing any obligation under these Terms that is due to causes beyond its reasonable control, such as natural disasters, riot, war, terrorism, government action, labor dispute, or any other force majeure event.
21. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, in our sole discretion and without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Shape, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
22. Indemnification
You agree to indemnify, defend, and hold harmless Shape and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference herein, or your violation of any laws or the rights of a third-party.
23. Waiver
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
24. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
25. Entire Agreement
These Terms, together with any other policies or terms referenced herein, constitute the entire agreement between you and Shape with respect to the Services and supersede all prior or contemporaneous understandings, agreements, or communications between you and Shape, whether written or oral.
Contact Information
If you have any questions or concerns about these Terms, please contact us at hello@shapescale.com or at our headquarters at 179 11th St, San Francisco, CA 94103.
Schedule 1: Device and Service Description
ShapeScale for Home

ShapeScale for Home is a 3D body scanner that brings the power of visual body composition to your personal space. The device measures body weight, fat, lean mass, BMI, a Health Score, a proprietary Shape Score personalized to individual body measurements, circumference measurements, and regional volume measurements.Designed for non-commercial use, ShapeScale for Home is limited to a 5-user restriction, with the option to add additional users at a surcharge. The device comes with a 1-year warranty and is not intended for use in the diagnosis, treatment, or prevention of any disease.

ShapeScale for Business

ShapeScale for Business is a premium 3D body scanner, engineered for professional use. It offers the same core features as the Home version but is fine-tuned for enhanced reliability and scanning speed.

Shape's customer success team provides comprehensive support, including:
  • Device Maintenance and Servicing: Shape ensures that the ShapeScale device is always in optimal condition, promptly addressing and resolving any issues that may arise.
  • Mobile App and Cloud Service: Shape provides access to a mobile app and cloud service, regularly updated to enhance performance, features, security, and compliance with industry standards.
  • Exclusive Business User Features: ShapeScale for Business users gain access to exclusive features such as client management, data sharing, and future features like reports and data analytics. These tools empower businesses to leverage data-driven insights and make informed decisions.
  • Onboarding and Technical Support: Shape's customer success team provides onboarding, best practice guidance, technical support, and troubleshooting assistance, ensuring a seamless integration of ShapeScale into your business operations.
ShapeScale for Business users also enjoy the privilege of receiving advanced feature releases ahead of home users. This device is not intended for use in the diagnosis, treatment, or prevention of any disease.

With ShapeScale for Business, you're not just purchasing a device, you're investing in a comprehensive solution designed to elevate your business to new heights.