TERMS & CONDITIONS
Last Updated: NOVEMBER 7, 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".

PLEASE READ THE FOLLOWING TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW) OFFERED BY SHAPE LABS, INC. ("US", "WE", "OUR" or "SHAPE"). THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SHAPESCALE DEVICE, THE SHAPESCALE CLOUD SERVICE(S), AND ALL RELATED SERVICES, FEATURES, CONTENT, WEBSITES OR APPLICATIONS OFFERED BY SHAPE (COLLECTIVELY, THE "SERVICE(S)").

By visiting our website and/or purchasing something from us, you as an individual or entity (hereinafter referred to as the "Customer") engage in our "Service" and agree to be bound by these Terms of Service, 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.

BY ACCESSING AND USING THE SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE WEBSITE, CREATING AN ACCOUNT, OR PURCHASING A SHAPESCALE DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (WWW.SHAPESCALE.COM/PRIVACY). IF YOU DO NOT ACCEPT THESE TERMS AND THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

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.

1.3 Definitions

"Business Day" means any day other than Saturday, Sunday, or federal holidays in the United States. A Business Day begins at 9:00 AM and ends at 5:00 PM Pacific Time. Any action, notice, or request received after 5:00 PM Pacific Time shall be considered received on the next Business Day. Federal holidays include New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day, or any other day designated as a federal holiday by the United States government.
2. Eligibility
You represent and warrant that you are at least 18 years of age and have the legal capacity to agree to these Terms of Service. If you are agreeing to these Terms of Service on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to these Terms of Service.
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
7.1 Ordering Process

To initiate an order, customers must complete the online checkout process through our website (the "Checkout") for either:
  • the purchase of a ShapeScale for Business device (the "Device"), or
  • participation in the ShapeScale for Business lease program, which includes both the rental of a Device and associated services, but does not convey ownership rights to the Device.
By completing the Checkout, customers accept and agree to be bound by these Terms and Conditions in their entirety. Customers further certify their business status and authority to enter into this agreement, and agree to provide accurate and complete shipping and billing information. All delivery timeframes provided during the Checkout process are estimates only and subject to change.
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7.2 Delivery Terms

Once an order is confirmed, Shape will arrange for delivery of the Device to the shipping address specified by the customer during Checkout. Delivery timeframes are estimates only and may vary based on factors such as manufacturing lead times, supply chain conditions, and shipping carrier availability, many of which are outside of Shape's direct control.
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Customers are responsible for a one-time delivery and setup charge of typically ninety-nine dollars ($99) per Device ordered. This fee covers standard ground shipping within the contiguous United States, as well as initial service setup and activation. Additional shipping fees may apply for expedited shipping, shipping to Alaska, Hawaii, or other U.S. territories, or for orders of multiple Devices.

Shape reserves the right to decline or cancel any order at its sole discretion, at any time, and without prior notice to the customer. In the event that Shape is unable to fulfill an order, the customer will be notified and promptly issued a full refund of any amounts paid.
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7.3 International Shipping Requirements

Customers located outside the United States who wish to purchase a Device must contact Shape directly to make arrangements for international shipping. The customer assumes full responsibility for compliance with all applicable trade laws, import/export controls, and economic sanctions. Shape reserves the right to decline any international order at its sole discretion, including orders that may violate trade restrictions, sanctions, or local regulations. The customer will be responsible for all import duties, taxes, tariffs, and other fees imposed by both origin and destination countries, as well as for obtaining and maintaining any required import/export licenses, customs clearances, permits, certifications, or other governmental authorizations.

The customer shall also bear all costs of return shipping to Shape's office in San Francisco, California, USA in the event of a return or warranty claim. All international shipments must be fully insured and sent via a trackable courier service with proper customs declarations.

Delivery timeframes for international orders may be significantly longer than for U.S. orders and will vary based on destination country, customs processing times, and local conditions. Shape makes no representations regarding Device availability, compatibility with local power standards, or compliance with local regulations in specific countries. Shape shall not be liable for any customs delays, holds, or rejections; changes in duties, taxes, or fees; lost, stolen, or damaged international shipments; delays due to customs inspection or documentation; carrier delays or service interruptions; or compliance with local certification requirements.

Warranty service for international customers may experience longer service times and remains subject to local import/export restrictions. The customer bears all risk of loss or damage during return shipping, customs seizure or destruction, and delays in customs processing. Shape reserves the right to modify these requirements by country/region, require additional documentation or verification, or cancel orders due to shipping or customs complications without liability.
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7.4 Trial Period Timing

All orders include a forty-five (45) day trial period ("Trial Period") from the date of delivery. The date of delivery shall be determined based on carrier tracking and delivery confirmation.

Also, in case of the ShapeScale for Business lease program, the customer's twelve (12) month commitment begins upon delivery of the Device.

During the Trial Period, the customer may cancel their order and return the Device, at outlaid in Section 8.5 and Section 13.
8. LEASE Service Activation and Billing
8.1 LEASE PROGRAM DEFINITION
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The ShapeScale for Business lease program (the "Lease") is a comprehensive rental arrangement that includes:
  • Temporary possession and use of a ShapeScale device (the "Device")
  • Access to ShapeScale's cloud-based software and processing
  • Unlimited warranty coverage during the lease term
  • Business user features and priority support
  • Regular software updates
The Lease does not convey ownership rights to the Device. All Devices remain the property of Shape Labs, Inc.
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8.2 LEASE ACTIVATION & Trial Period

The Lease will be activated upon delivery of the Device. The customer's twelve (12) month commitment begins upon delivery, subject to the customer's right to cancel during the Trial Period as defined in Section 7.4. During the Trial Period, the customer will have full access to the Device and all lease benefits for evaluation purposes. The customer may cancel during the Trial Period by notifying Shape in writing, subject to the return policy in Section 10.
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If the customer does not cancel during the Trial Period, the Lease will continue for the remainder of the twelve (12) month commitment term. The customer acknowledges that cancellation after the Trial Period will not entitle the customer to any refund of fees paid.
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8.3 Lease Payments and Commitments

Unless the customer notifies Shape of their intent to cancel prior to the end of the Trial Period, the customer agrees to pay the monthly lease fee of one hundred ninety-nine dollars ($199) per month, billed annually at a rate of two thousand, three hundred eighty-eight dollars ($2,388) per year, for the first 12 months of the Lease term.

After the initial 12-month term, the Lease will automatically renew for additional 12-month terms at the then-current lease rate, unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. Shape reserves the right to increase lease fees for renewal terms, with at least sixty (60) days' advance written notice to the customer.

Except as expressly provided in these Terms and Conditions, all lease payments are non-refundable. In the event of early termination by the customer after the end of the Trial Period, the customer shall remain responsible for the full annual lease payment for the remainder of the then-current 12-month term.
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8.4 lease purchase option
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8.4.1 Purchase During First 12 Months:
  • At any point during the first twelve (12) months of the Lease term, customers may apply a portion of their prior lease payments towards the purchase of their leased Device.
  • The Device's Fair Market Value (FMV) is calculated based on a 60-month (5-year) useful life, with a monthly depreciation rate of one hundred sixty-three dollars ($163), derived from the initial Device value of nine thousand seven hundred eighty dollars ($9,780).
  • For each monthly lease payment of $199, Shape will credit one hundred sixty-three dollars ($163) towards the purchase price of the Device.
  • To exercise the purchase option, the customer must notify Shape in writing of their intent to purchase. Shape will then provide a written quote showing the current FMV (calculated as $9,780 minus $163 multiplied by the number of months leased), total lease credits accrued, and final payment amount required.
  • For refurbished Devices with documented pre-existing wear acknowledged at lease inception, the initial FMV and depreciation schedule may be adjusted by mutual written agreement.
  • If the customer chooses to proceed with the purchase, they must pay the difference between the current FMV and their accrued lease credits within ten (10) business days. Upon receipt of payment, Shape will transfer ownership of the Device to the customer.
  • Purchased Devices are covered by a new two (2) year limited warranty from the date of purchase, subject to the terms described in Section 12.2.
8.4.2 Purchase After 12 Months:

The lease-to-purchase options in this Section 8.6 provide customers with the opportunity to apply their lease payments towards ownership of their ShapeScale Device. However, the fair market value of the Device and the specific terms of any purchase arrangement will depend on various factors and may change over time. Customers should carefully review the terms and conditions of any purchase offer and consider their individual needs and circumstances before making a decision. Shape reserves the right to modify or discontinue lease purchase options at any time, to the extent permitted by law.
  • After the initial 12-month lease term, customers may contact Shape to discuss custom purchase arrangements for their leased Device.
  • The terms of any custom purchase, including the purchase price, payment schedule, and warranty coverage, will be negotiated on a case-by-case basis and documented in a written agreement signed by both parties.
  • Unless otherwise specified in the purchase agreement, Devices purchased after 12 months will be covered by Shape's standard 2-year purchased Device warranty, as described in Section 12.2, commencing on the date of purchase.
  • Customers who choose not to purchase their Device may continue leasing on a month-to-month basis, subject to the renewal terms in Section 8.2, or cancel their lease per the terms of Section 8.5.
8.5 LEASE CANCELLATION
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8.5.1 Trial Period Cancellation

The customer may cancel the Lease at any time during the Trial Period, as defined in Section 7.4. To initiate cancellation, the customer must notify Shape in writing, either via email to help@shapescale.com or by physical mail to Shape's corporate headquarters, prior to the end of the Trial Period.
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Upon receipt of a timely cancellation notice, Shape will provide the customer with instructions for returning the Device in accordance with Section 10. Once Shape receives the Device in good working condition, a refund will be issued as follows:
  • For customers billed monthly:‍
  • Customers will be charged for all full or partial months of service used through the cancellation date
  • No further payments will be due
  • The delivery and setup fee is non-refundable
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  • For customers billed annually:‍
  • Shape will refund a prorated portion of the annual lease fee
  • The prorated refund will be calculated based on the number of months used (rounded up to the nearest month)
  • The delivery and setup fee is non-refundable
  • Example: If the customer cancels 45 days after delivery, the refund would equal the annual fee minus two months of lease payments
Refunds will be processed within thirty (30) days of Shape's receipt of the returned Device. The refund amount may be reduced by the cost of any damages or missing components identified during Shape's inspection of the Device, as described in Section 10. All Trial Period cancellations and refunds are subject to the customer's compliance with the Device return provisions in Section 10.
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8.5.2 Post-Trial Cancellation

After the Trial Period ends, the customer may cancel the Lease at any time by providing written notice to Shape at least thirty (30) days prior to the desired cancellation date. The following conditions apply to post-Trial Period cancellations:
  • The customer will not be entitled to any refund of the annual lease fees paid for the current 12-month term, regardless of the remaining time in the term.
  • If the customer has been paying on a monthly basis, they must continue to make scheduled lease payments through the end of the current annual term.
  • The customer must return the Device to Shape within thirty (30) days of the cancellation date, following the procedure described in Section 10.
  • The customer will remain responsible for any unpaid lease fees, service charges, or other outstanding balances on their account.
  • Cancellation will not relieve the customer of any liability for damage to or loss of the Device, as described in Sections 10.2 through 10.4.
8.5.3 Effect of Cancellation

Upon cancellation, the customer's right to use the Device and associated ShapeScale for Business features shall immediately terminate. The customer must:
  • Cease all use of the Device and associated features
  • Return the Device to Shape in accordance with Section 10
  • Pay any outstanding balances due under this agreement
Failure to return the Device within the specified timeframe may result in additional charges, up to and including the full retail price of the Device.

Cancellation does not nullify the customer's obligation to pay any outstanding lease fees, damage assessments, or other amounts owed under this Agreement. Shape reserves the right to pursue collection of unpaid balances by any lawful means, including referring the customer's account to a third-party collection agency.

Except as expressly provided in Section 8.5.1 regarding Trial Period cancellations, all fees paid prior to cancellation are non-refundable. The customer shall not be entitled to any prorated or partial refunds of annual lease fees for the remainder of the term in which cancellation occurs.
9. CLOUD SERVICE & BILLING
9.1 CLOUD SERVICE DEFINITION

The ShapeScale cloud service provides data processing, storage, and access to ShapeScale's software platform. This includes:
  • Processing and analysis of 3D body scans
  • Secure storage of all scan data and user accounts
  • Access to the ShapeScale business platform and features
  • Regular software updates and improvements
9.2 USER ACCOUNTS AND STORAGE
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There is no limit to the number of user accounts that can be created on the platform or the number of processed scans stored. Billing is based solely on the number of unique users completing scans within a calendar month (Monthly Active Users or "MAUs").
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9.3 MONTHLY ACTIVE USERS (MAUs)
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9.3.1 Definition
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A Monthly Active User is defined as any unique user who completes at least one ShapeScale scan on a customer Device within a calendar month. New users who complete their first scan will not count towards the customer's MAU total for the first seven (7) days after their initial scan.
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9.3.2 MAU Tiers for Lease Customers

All rates below shown as monthly fee when billed annually. Monthly billing available at 25% surcharge.
  • Base Tier: $199/month - Up to 100 MAUs
  • Tier 2: +$100/month - 101-150 MAUs
  • Tier 3: +$200/month - 151-250 MAUs
  • Tier 4: +$500/month - 251-500 MAUs
  • Tier 5: +$800/month - 501-750 MAUs
  • Tier 6: +$999/month - 751-1000 MAUs
9.3.3 MAU Tiers for Purchase Customers
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Purchased devices include 250 MAUs by default. Additional MAU tiers available:
  • Tier 1: +$300/month - 251-500 MAUs
  • Tier 2: +$600/month - 501-750 MAUs
  • Tier 3: +$799/month - 751-1000 MAUs
All rates shown as monthly fee when billed annually. Monthly billing available at 25% surcharge.
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9.4 USAGE LIMITS AND SERVICE MANAGEMENT

Shape limits each customer Device to a maximum of one thousand (1,000) MAUs per month. If a customer exceeds this limit:

9.4.1 MAU Limits
  • Shape will notify the account administrator via email
  • A grace period of thirty (30) to sixty (60) days will be provided to either reduce usage or upgrade to a higher MAU tier
  • If usage is not reduced or upgraded within the grace period, Shape will automatically migrate the customer to the lowest-priced MAU tier that covers their actual monthly usage
  • The associated fees will be billed to the customer's payment method on file
9.4.2 Scan Volume Limitations

Shape reserves the right to restrict, throttle, or temporarily suspend cloud service access if a business user's monthly scan volume exceeds five (5) times their MAU tier limit without prior written notice to Shape. For example, a business on the 100 MAU tier should not exceed 500 scans per month without prior arrangement.
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  • Failure to include all original accessories and components with a returned Device
  • Use of inadequate or non-original packaging materials when returning the Device
9.4.3 Service Interruption

In cases where a customer:
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  • Exceeds their MAU allotment by more than one hundred percent (100%) within a single billing period, or
  • Exceeds the scan volume limitations outlined in Section 9.4.2
Shape reserves the right to immediately restrict or suspend cloud service access until usage is brought back into compliance or appropriate tier upgrades are purchased. During any service restriction or suspension:
  • Access to existing ShapeScale user data will not be affected
  • Customers may appeal by submitting a written request to help@shapescale.com within five (5) business days of notification
  • Service will remain uninterrupted during the appeal review process
  • Shape's determination on appeal shall be final and binding on the parties
10. Device Care and Returns
10.1 Device Care Requirements
  • The Customer shall maintain the Device in good working condition and repair throughout the lease term, following all care and maintenance guidelines provided by Shape.
  • The Customer shall promptly report any damage, malfunction, loss or theft of the Device to help@shapescale.com within forty-eight (48) hours of discovery.
  • All damage reports must include detailed written descriptions and photographic documentation of the issue.
  • Failure to promptly report damage as required herein may result in the Customer being charged additional fees, up to and including the full replacement cost of the Device.
10.2 Damage Assessment
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10.2.1 Device Damage
  • Structural damage to the arm, base, or sensor head
  • Deep scratches or abrasions longer than one-half inch (0.5") that fully penetrate the outer coating
  • Internal damage to electronic components, sensors, or optical elements
  • Cracked or broken components and housings
  • Water damage or corrosion
  • Internal damage to electronic components, sensors, or optical elements
  • Impact damage affecting the overall operation and function of the Device
  • Scratches or defects on the sensor lenses
  • Any unauthorized modifications or alterations to the Device
  • Any other damage that materially impairs the functionality, accuracy, or safe operation of the Device
10.2.2 Normal Wear and Tear

For the purposes of this Agreement, normal wear and tear shall be defined as:
  • Minor surface scratches less than one-half inch (0.5") in length
  • Scuffs, marks, or blemishes that do not penetrate the outer coating
  • Cosmetic defects that do not impact the operation of the Device
10.2.3 Reboxing and Processing Fees

In addition to any charges for damage to the Device, Shape reserves the right to charge the Customer a reboxing and processing fee of up to one thousand dollars ($1,000) for the following:
  • Failure to include all original accessories and components with a returned Device
  • Use of inadequate or non-original packaging materials when returning the Device
10.2.4 Return Packaging Guidelines

The Customer acknowledges receipt of the ShapeScale Return Packaging Guide, which provides detailed instructions for properly packaging and shipping the Device to minimize the risk of damage during transit. The Customer agrees to follow these guidelines when returning the Device to Shape.
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10.2.5 Liability for Improper Packaging

Shape shall not be responsible for any damage to the Device resulting from the Customer's failure to comply with the ShapeScale Return Packaging Guide. The Customer shall be solely liable for any such damage, which will be assessed and charged in accordance with subsection (a) above.

By clearly delineating the Customer's responsibilities and the potential fees associated with improper return packaging, this revised Section 10.2 reinforces the importance of adhering to the ShapeScale Return Packaging Guide. The Customer is on notice that failure to follow these guidelines may result in significant additional costs, separate from and in addition to any charges for damage to the Device itself.
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10.3 Return Conditions
  • In order to return the Device, the Customer must:
    i)   Include all original accessories, components, and packaging materials
    ii)  Utilize either the original Shape packaging or Shape-approved equivalent protective packaging
    iii) Follow all repackaging and shipping instructions provided by Shape
    iv)  Obtain a return merchandise authorization (RMA) number from Shape prior to return
  • Shape further reserves the right to charge the Customer a reboxing and processing fee of up to one thousand dollars ($1,000) for any of the following:
    i)   Failure to include all original accessories and components with a returned Device
    ii)  Use of inadequate or non-original packaging materials when returning the Device
    iii) Damage to the Device resulting from improper packaging during return shipping
10.4 Lost or Stolen Devices
  • In the event the Device is lost, stolen, or otherwise not returned within ten (10) business days of the scheduled return date, or if Shape has reasonable grounds to believe the Device has been lost or stolen, Shape shall have the right to charge the Customer the full purchase price of nine thousand seven hundred eighty dollars ($9,780).
  • If the Device is lost or stolen, in addition to the $9,780 replacement fee, the Customer shall remain responsible for all outstanding lease payments and service fees under the Agreement.
  • The Customer must immediately report any lost or stolen Device to Shape. Failure to do so within 48 hours of discovery will be deemed a material breach of the Agreement.
10.5 Payment Terms and Collections
  • Shape shall have the right to charge the full $9,780 purchase price of the Device to the Customer's payment method on file, and to collect such charge, in the event of any of the following:
    i)   The Device is not returned per the terms herein at the end of the lease term
    ii)  The Customer's account falls more than 90 days delinquent
    iii) The Device is lost, stolen, or damaged beyond repair
    iv)  The Device is returned with damage exceeding normal wear and tear, as described herein
  • Without limiting any other remedies, in the event of non-payment or delinquency, Shape reserves the right to:
    i)   Refer the Customer's account to a third-party collection agency
    ii)  Charge the Customer any reasonable costs of collection, including agency fees, legal costs, and court fees
    iii) Report and disclose the Customer's account status and payment history to business and consumer credit reporting agencies to the extent permitted by law
11. 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.

11.1. Restrictions & Responsibilities
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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.

11.2 POST-PURCHASE USAGE

After purchasing and activating the Device, Customers agree to:
  • Use the Device and Services in accordance with all instructions provided by Shape.
  • Maintain the Device in good working condition, following any maintenance guidelines provided.
  • Not attempt to modify, repair, or alter the Device without Shape's express written permission.
  • Use the Device and Services only for their intended purpose of health and fitness tracking.
  • Regularly update the Device's software when prompted to ensure optimal performance and security.
  • Not use the Device or Services for any commercial purposes unless explicitly permitted under a business agreement with Shape.
  • Respect the privacy of other users and not share or misuse any data collected by the Device.
12. Warranty
12.1 Warranty for Leased Devices
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For customers leasing a ShapeScale device:
  • Shape warrants that the Device is free from defects in materials or workmanship for the duration of the Lease term, as long as all lease payments are current and there are no outstanding balances or unpaid fees (the "Lease Warranty Period").
  • During the Lease Warranty Period, if the Device is defective, Shape will provide the necessary replacement or repair at no additional charge, subject to the conditions outlined in Section 12.3.
  • This warranty remains in effect for the entire duration of the Lease, provided that the customer's account remains in good standing.
12.2 Warranty for Purchased Devices
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For customers who have purchased a ShapeScale device outright:
  • Shape warrants that the Device is free from defects in materials or workmanship for a period of two (2) years from the date of purchase (the "Purchase Warranty Period").
  • During the Purchase Warranty Period, if the Device is defective, Shape will provide the necessary replacement or repair at no additional charge, subject to the conditions outlined in Section 12.3.
  • After the expiration of the Purchase Warranty Period, any repairs or replacements will be charged at Shape's then-current rates.
12.3 Warranty Conditions and Exclusions

This warranty is non-transferable and 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;
12.4 Warranty Claims

To make a warranty claim, 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.
12.5 Limitation of Liability

Shape's obligation under this warranty is limited to repair or replacement of the Device. Shape shall not be liable for any incidental or consequential damages resulting from the use of the Device or from any breach of this warranty.

12.6 Legal Rights

This warranty gives the customer specific legal rights. Customers may also have other rights which vary from state to state that may result in the change of this 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.
13. Refunds and Cancellations
The first forty-five (45) days following delivery of a ShapeScale device, whether leased or purchased, is considered the Trial Period. The Trial Period commences on the date of delivery as defined in Section 7.4. During this Trial Period, customers may fully test the Device and Services, and may cancel their lease or return their purchased device for a full refund by providing written notice to Shape prior to the Trial Period's expiration.

For lease customers, cancellation and refund terms during the Trial Period are detailed in Section 8.5.1, including prorated refund calculations for both monthly and annual billing customers, less the non-refundable delivery and setup fee.
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For customers who purchased a device outright, a full refund of the purchase price will be issued upon return of the device in good condition within the Trial Period, less the non-refundable delivery and setup fee.
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International Customers outside of the United States shall be responsible for all shipping costs associated with returning the Device to Shape's office located at 179 11th St, San Francisco, CA 94103, for both Trial Period returns and warranty replacements. Any damage assessments, as described in Section 10.2, shall be evaluated independently of shipping costs and may result in additional charges as specified therein.
14. Privacy Policy
Your privacy and the security of your data, particularly body scan data, is of utmost importance to us. Our comprehensive Privacy Policy details how we collect, use, store, and protect your information, including body composition data, scan results, and personal information. The Privacy Policy also addresses data portability, access rights, retention periods, and compliance with various data protection regulations. By using our Services, you acknowledge that you have read and agree to our Privacy Policy, which is incorporated into these Terms by reference. For specific questions about data privacy or security, please contact our support team at privacy@shapescale.com.
15. 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.
16. 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.
17. 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.
18. 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.
19. Termination
The ShapeScale for Business Lease program & service includes a forty-five (45) day Trial Period from the date of delivery, during which customers may cancel with five (5) days written notice. The twelve (12) month commitment begins upon delivery, as detailed in Section 7.4.
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After the Trial Period ends, either party may terminate at the end of any 12-month term with thirty (30) days prior written notice. The agreement automatically renews for successive 12-month terms unless terminated in accordance with this section and Section 8.5 (Service Cancellation).
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Upon termination, the Customer must cease all use of the ShapeScale for Business Lease program & service, return the Device in accordance with the provisions of Section 10 (Device Care and Returns), and pay any outstanding balances due under this agreement. The Customer's specific obligations and liabilities related to termination, including the timing of payments, refunds, and Device return, are further detailed in Sections 8.5 and 10.
20. 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.
21. 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.
22. Force Majeure
Neither Shape nor Customer will be liable for any failure or delay in performing obligations under these Terms that result from causes beyond their reasonable control, including but not limited to: natural disasters (floods, earthquakes, hurricanes); fire; pandemics or epidemics; acts of government or regulatory authorities; civil unrest; acts of terrorism; power failures affecting our fulfillment operations; interruptions or failures of third-party cloud service providers (including but not limited to Amazon Web Services) that affect our ability to process scans or provide cloud services; telecommunications or internet backbone disruptions affecting our cloud services; cyber attacks or other security breaches affecting our systems or those of our cloud service providers; strikes or labor disputes affecting our California operations; transportation disruptions affecting delivery or pickup in the San Francisco Bay Area; and any other circumstances beyond reasonable control that prevent us from fulfilling orders, providing cloud services, or maintaining customer support operations. During such events, Shape will make reasonable efforts to maintain service continuity and communicate updates to affected customers. Shape maintains redundancy in its cloud infrastructure where commercially reasonable, but does not guarantee uninterrupted availability of cloud services or scan processing capabilities during force majeure events.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.

LATEST TERMS AND CONDITIONS AVAILABLE AT:
https://business.shapescale.com/checkout/terms