TONE3D
TERMS OF USE
Last Updated: October 5, 2025
These terms of use cover important information about services provided to you, warranties, output, accuracies, charges, future changes to these terms, and automatic renewals. Please read them carefully.
You must be 15 years of age or older to use Tone3D Services. If you are under the age of 18 you may be required to provide adult consent to access Tone3D Services based on your jurisdiction’s laws and regulations regarding digital services, health-related applications, and data privacy.
Who we are and how this Agreement applies to you. TONE3D as a licensing subsidiary of Aemass, Inc. and including its wholly-owned subsidiaries (“us”, “we”, “our” or “TONE3D” or “Tone3D”) with a principal place of business 711 Calle Artis, San Jose CA USA, is a leading provider of patented 3D products wherein we make certain services, features, content, websites (or other linked pages) or applications available to you, from time to time collectively know as “Tone3D Services” or the “Service(s)”.
Please read the following terms of use (the “Agreement”) carefully before using the Services (as defined below) offered by TONE3D. This Agreement sets out the legally binding terms and conditions for:
Whether you establish an account under a Trial Subscription or purchased a Membership or Subscription or received a Membership or Subscription from a third party, including from an authorized third-party retailer or authorized third-party marketplace (each, an “Authorized Reseller”), this Agreement will apply to your use of the Services. This Agreement applies to your use of the Services if you obtained a Subscription for free, including a Free or Introductory Subscription (as defined in Section 7 below).
“You” and “your” refer to the person accessing or using the Services, or if you create an account on behalf of an employer, company, organization, or other entity, then (i) all references to “you” in this Agreement includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
By accessing and using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept and agree to be legally bound by this Agreement, you are not authorized to use the Services. TONE3D may modify this Agreement at any time and such modification will be effective upon posting such modifications to the Services. If a change is material, you may terminate this Agreement and request a pro-rated refund of Subscription Fees by contacting support@tone3D.com within 30 days of the posting of such material change and by providing a reference to the material change of concern (otherwise you waive your ability to seek a refund). By continuing to access or use the Services after such modification, you are agreeing to be legally bound by the modified Agreement.
Your personal data. Details of how we collect and use your personal data are set out in the TONE3D Privacy Policy (tone3D.com/privacy).
1. INTRODUCTION
The TONE3D Subscription includes any type of subscription tier access to the Tone3D Services, including the TONE3D mobile application (app). The Services allow you to track information collected by the Tone3D Services and be provided data insights, support and assistance. The Services are provided to you by TONE3D and in some instances in connection with our partners, service providers, sponsors, or other affiliates.
TONE3D offers multiple Subscription options and/or Subscription Tiers (e.g. Free-Intro, Basic, Pro, and Premium) as either Monthly, Annual, and 24-Month payment plans.
2. REGISTRATION
You must first open/create an account and access a Subscription Tier and may be required to pay subscription fees connected with your account to obtain given Tone3D Services. In order to use Tone3D services, you must have and maintain an account (“Account”), auto-subscribe or select a Subscription Tier, pay any applicable subscription fees (“Subscription Fees”) as and when due. You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use as a sign up name or username (i) a name of another person with the intent to impersonate that person; (ii) a name subject to any rights of a person other than yourself without appropriate authorization or (iii) a name that is obscene, hateful, racially or ethnically offensive, or is otherwise inappropriate.
You must keep your account details safe. You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately of any breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account directly: see Section 9 of the TONE3D Privacy Policy for further instructions.
3. ELIGIBILITY
Who can set up an Account. You represent and warrant that you are at least 15 years of age or as mandated by the law of your local jurisdiction, provided that if you are under the legal age to form a binding contract in your jurisdiction, your use of the Services is subject to requirements of parental consent, in which case (i) your supervising parent or legal guardian is considered the user under this Agreement and is responsible for any and all activity; and (ii) you represent that your parent or legal guardian has reviewed and agreed to this Agreement and the Privacy Policy. If you are under age 15 or the age mandated by the law of your local jurisdiction, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. In some countries, we may set a higher age limit, such as 18 years of age, to set up an Account.
You are not permitted to access the Services where this Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
4. USE OF SERVICES
Your use of the Services is subject to important license terms. TONE3D software, text, graphics, images, video, audio, data, and other technology and material are made available to you through the Services (collectively referred to as the “Content”). The Content includes proprietary and third-party advanced technologies, such as computer vision outputs, artificial intelligence, machine learning systems, and similar technology and features (together, “ Core Technology”), including third party large language models (“LLM”). Core Technology made available in the Services includes TONE3D Assist and Support.
Subject to this Agreement and your active and valid Subscription, we grant to you a worldwide, non-exclusive, non-sub-licensable and non-transferable limited license solely to (i) access and use (i.e., to download and display locally) the Content and the software and applications made available through the Services and (ii) use the TONE3D software embedded within the Tone3D Services, in each case solely for your personal use of the Services.
You shall not sell, transfer, assign, license, rent, sublicense, modify, publicly perform, make a derivative version of, or distribute the Content except with our prior written permission. You shall not use, copy, display, or store the Content for any purpose other than as expressly permitted in this Agreement or with our prior written permission. You shall not use, copy, display, or store the Content or otherwise exploit any Content in any way that violates any third-party right.
The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our licensors, partners, sponsors, or affiliates. The Content is protected by intellectual property rights, including, for example, patent, trade mark, copyright, and database rights. Unauthorized use of the Content may infringe such intellectual property rights and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content other than the limited right to use as set out in this Agreement. No other use is permitted without prior written consent from us or the owner of the Content.
If you violate any part of this Agreement, your permission to access and use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services does not grant you, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on the Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner which, in our reasonable judgement, may damage any goodwill in the Third-Party Trademarks.
The Services are provided for personal use only. The Services are provided to you for personal use only and may not be used in connection with any commercial activities except those that are expressly approved by TONE3D in advance in writing.
Links to external third-party sites. The Services permit access to content, recommendations, and data posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability. The Services also include access to, links to, and content, recommendations, and data from third-party websites, products and services (“External Services”). The External Services may include Core Technology and AI Technology including LLM. These External Services are provided solely as a convenience to you, are not an endorsement by us of the content, recommendations, and data on or made available through such External Services, and may be subject to separate legal terms and conditions between you and third parties. The content, recommendations, and data of such External Services are developed and provided by others.
Actions you are specifically prohibited from taking. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services which may harm or degrade the reliability, speed, or operation of the Services or any underlying hardware or software including, for example by introducing malware, hacking or bypassing our security; (iii) use of web scraping, web harvesting, or web data extraction methods from TONE3D Services even if the Account owner gives permission; (iv) reverse engineering the Services or any underlying software, except to the extent this restriction is prohibited by applicable law, (v) any use of the Services which is unlawful or in violation of this Agreement, (vi) any use of the Tone3D Services for purposes other than the Services.
Necessary Equipment. Use of your Subscription is dependent upon supported Tone3D Services, supported mobile device and internet access. It is your responsibility to ensure access to the internet and functionality of your mobile device. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
5. SUBSCRIPTIONS
You must have an active Subscription in place to use the Services. You must maintain a Subscription to continue using the Services. If you do not maintain a Subscription and pay all Subscription Fees when due, this Agreement shall terminate.
Subscriptions and Auto-Renewals. Certain features of the Services may require a paid subscription. Subscriptions are billed through your Apple ID or Google account and will automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date.
Reaffirmation of Authorization. Your non-termination or continued use of your Subscription reaffirms that you will be billed for any fees related to that Subscription.
Recurring Billing. Your Subscription may be established to auto-renew unless you cancel before the renewal date. The Subscription payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. The specific payment terms of your Subscription are provided to you as part of your initial signup process. You are responsible for managing your subscription and renewal settings through your Apple ID or Google Play account settings.
Changes to the Price and Subscription Plans. We may change the Subscriptions and Subscription Fees from time to time. We will notify you at least fifteen days before any changes to your Subscription Fee will become effective. If you do not wish to accept the price change or change to your Subscription plan, you can cancel your Subscription before the change takes effect.
Non-payment. If any Subscription Fees due are outstanding, your Account will go into an inactive state three days after non-payment. In this inactive state, you will be unable to upload data from your Tone3D Services. You will, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state, as based on your Tier Subscription features. Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Subscription and your use of the Tone3D Services. If your Subscription has been placed into an inactive state due to late payment of Subscription Fees there is a risk that the data that would otherwise have been collected during that period will not be available on your Tone3D Services or otherwise recoverable.
App Store (Apple) Payments. All purchases, subscriptions, and in-app transactions for the Services on iOS devices are processed through the Apple App Store using your Apple ID account. You must have a valid Apple ID in order to process a Subscription. By initiating a purchase, you authorize Apple to charge your selected payment method in accordance with the terms, conditions, and policies of the Apple App Store. Your charges may be payable in advance or as otherwise described when you initially selected to purchase a given Subscription Tier. Tone3D does not directly collect or store your payment information. All billing, payment processing, and related financial transactions are governed by Apple’s terms of service and privacy policies. Use of Apple App Store does not waive our right to create direct distributor payments or seek payment directly from you in the future, so long as it does not violate the terms of use of the Apple App Store.
Google Play Payments. All purchases, subscriptions, and in-app transactions for the Services on Android devices are processed through the Google Play Store using your Google account. By initiating a purchase, you authorize Google to charge your selected payment method in accordance with the terms, conditions, and policies of the Google Play Store. Tone3D does not directly collect or store your payment information. All billing, payment processing, and related financial transactions are governed by Google’s terms of service and privacy policies.
6. TRIAL SUBSCRIPTIONS
TONE3D currently offers free trial periods (accessed as Free or Intro Subscription Tiers) to end users in select countries (a “Free Trial” or “TONE3D Trial”) to allow the end user to try the Services before committing to one of the TONE3D Subscription options. This Section sets forth additional legally binding terms and conditions that govern a TONE3D Trial. If you select or choose to remain within a Free Trial at any given time you will be able to use a Tone3D Services and associated access to the Services during the Free Trial period. The Tone3D Services included in a Free Trial may be limited Tone3D Services at the sole discretion of TONE3D. Your TONE3D Trial will come with an associated per month Subscription, which shall automatically begin at the end of the TONE3D Trial period unless you cancel your TONE3D Services. Subscriptions will be subject to the Subscriptions and auto-renewal terms provided in this Agreement.
Eligibility. Free Trials are available to all new end users in select countries as indicated in the signup process. TONE3D Trials are subject to all other applicable terms and conditions set out in this Agreement. If a free trial is offered, any unused portion of the trial period may be forfeited when you purchase a subscription, if applicable.
7. CANCELATION OR TERMINATION
Subscription cancellations must be made through your Apple ID or Google Play account settings. Once canceled, you will retain access to the Services until the end of the current billing period. Refunds, if any, are issued solely at the discretion of Apple or Google, in accordance with their respective store policies. Tone3D has no authority to provide or guarantee refunds for payments made through the Apple App Store or Google Play Store. If you have a monthly Subscription, you may cancel or change the terms of your monthly Subscription at any time, but your cancelation will only be effective as of the end of your initial commitment period (or thereafter the end of the currently paid month). If you cancel your Subscription during the middle of our Subscription term, your Subscription will be terminated as of the expiration of your then-current term and will not be renewed. You may continue to use your Subscription until the end of your then-current term. TONE3D will not provide any prorated refund of any portion of the Subscription Fee paid for the then-current Subscription term. If you do not want to continue to be charged on a recurring basis, you must cancel your Subscription before the end of the then-current term. Upon termination of your Subscription, all licenses granted to you under this Agreement shall terminate automatically, your right to use the Services shall cease and your User Content, as defined below, will no longer be available to you through the Services but you can request a copy of your data collected by the Tone3D Services by following the instructions set forth in the TONE3D Privacy Policy (tone3D.com/privacy).
Tone3D can terminate your access to the Services. Unless otherwise prohibited by law, and without prejudice to our other rights or remedies, TONE3D shall have the right to immediately terminate your access to any or all of the Services if you breach any of the terms of this Agreement.
Current Information Required. You must provide current, complete and accurate information for your account and your account billing including to the Apple App Store or Google Play. You must promptly update all information to keep your billing account current, complete and accurate and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. If you fail to provide any of the information described above, you agree that we may continue charging you for any Subscription Fees under your billing account unless you have terminated your Subscription in accordance with this Agreement. SUCH TERMINATION WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
8. NO MEDICAL ADVICE
TONE3D Services are not medical advice. TONE3D provides the Services for you to track, manage, and share your wellness-related 3D body information. All Content available through the Services is for motivation purposes and general fitness and informational purposes only. TONE3D Services are subject to various limitations (e.g. specific camera quality and condition, poor lighting quality, etc.) and are not guaranteed to be error-free or accurate. TONE3D Services are intended solely for personal wellness tracking and not for making any medical decisions. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise, consultations, or training program. You agree that your exercise and athletic activities carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with these activities.
Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any doctor-patient relationship.
The Services and any results or Content displayed via the Services, whether provided by TONE3D or third parties, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or (ii) a visit, call, or consultation with your doctor or other medical professionals.
The Services and the Tone3D Services do not constitute a medical device nor are they medical in nature and the Services do not and are not intended to diagnose, prevent, monitor, treat or alleviate disease, diagnose, monitor, treat, alleviate or compensate for an injury or handicap, investigate, replace or modify the anatomy of a physiological process, control conception, or achieve its principle intended action in or on the human body by pharmacological, immunological or metabolic means, even if it is assisted in its function by such means. You should not use the Services or any Content on the Services for diagnosing or treating a health condition.
If you have any medical questions, please call or see your doctor or other healthcare provider. You should never disregard medical advice or delay in seeking medical advice because of any Content presented on the Services.
The TONE3D Services and the Tone3D Services are not intended for emergency or life-threatening situations. If you believe you are experiencing a medical emergency, contact your local emergency services immediately.
9. FITNESS-RELATED CONTENT
The Content and any AI Technology available through select Services may include exercise or training recommendations, and other media to help you meet your health, fitness, and wellness goals. You acknowledge and agree that TONE3D is not a healthcare provider, personal trainer or fitness instructor and that the Services (including any recommendations and any information available through the Services, including AI Technology, that may appear to be personalized) may not be appropriate for you. If you have any concerns about your health or fitness, you should consult your doctor before starting any new exercise program. TONE3D is not responsible for any results that may or may not be obtained from the use of the Service.
10. AI TECHNOLOGY
AI technology needs to be used with care. Some AI Technology, including third party LLM’s that may be made available through the Services, allow users to submit queries or other prompts, and the AI Technology will generate and return to you content, recommendations, data, or other information through or in combination of the Services and Core Technology ( deemed “Output”). You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI Technology and the Output it may assist in generating, including that (i) it may contain errors or misleading information and may not be accurate or reliable; (ii) AI Technology is based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content; (iii) AI Technology can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense; (iv) AI Technology does not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey; (v) AI Technology can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive; (vi) AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making; (vii) AI Technology requires large amounts of data to train and generate content, and the data used to train AI Technology may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output; and (viii) AI Technology-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.
You will use independent judgement and discretion before relying on or otherwise using Output. Output is for informational purposes only and is not a substitute for advice from a qualified professional.
To the extent permitted by law, TONE3D bears no liability to you or anyone else arising from or relating to your use of AI Technology or the Output.
11. CHANGES TO SERVICES
We may modify the Services from time to time. We can always change the Services without notification or refund or reimbursement:
If we make any changes that do not fall into the above categories and those changes are material, you can cancel your Subscription and receive a pro-rated refund for any Subscription paid for in advance by contacting support@tone3D.com. Such request must provide description of the material changes or concerns and must be made within 30 days of the relevant change or you waive your ability to seek a refund.
12. USER CONTENT
Your user content and the rights you give us to use that content. The Services may include functionality to permit you to submit content to the Services in accordance with your Account settings, for example by completing surveys or journal information or through community postings, and by submitting personal photos and lidar or depth image information (“User Content”) and may also provide the hosting, sharing, and/or publishing of such User Content, data or Output. User Content includes, without limitation, any of your user data, profile information, or information you capture or enter manually (such as chat and postings) through the Services, in each case that you submit to make available to others.
You understand that TONE3D does not guarantee any confidentiality with respect to User Content that you submit and make available to others; such as through social media platforms, SMS, images, email or other means.
You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content through the Services. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all trademark, trade secret, copyright, publicity or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement.
By submitting or uploading your User Content to us, you grant to us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable and transferable license to:
If you wish to remove your User Content and terminate our license to your User Content, please contact privacy@tone3D.com.
To the extent User Content contains personal data (as defined by the EU General Data Protection Regulation, the UK General Data Protection Regulation, or other relevant law in your country), if you share such data with third parties through our Services, you grant your consent to us to so use and share such data. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your Account settings, and to use, reproduce, distribute, prepare derivative works of, display, publish and perform such User Content as permitted through the functionality of the Services and under this Agreement. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
If your use of the Services is on behalf of or managed by a gym, trainer, team, organizing body or other entity you are affiliated with (“Managing Entity”), your User Content may also be shared with that team or other organization as more fully described in our Privacy Policy. You consent to that sharing and acknowledge and agree that we are not responsible for any use or disclosure of your information by that Managing Entity.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove User Content if properly notified that such User Content infringes on another’s intellectual property rights. We may remove any User Content without prior notice. We may also terminate your access to the Services if you are determined to be a repeat infringer or serious first-time infringer in our sole discretion. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, in our sole discretion. If we determine, in our sole discretion, that User Content associated with you or your account is in violation of this Agreement or is otherwise inappropriate, we may remove such User Content, terminate your access for uploading such User Content, and/or terminate your access to the Services at any time, without prior notice.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) or the EU Digital Copyright Directive and any national law implementing the same in the UK or the EU (or a similar law in your country) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail or as otherwise required by the laws in your country):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of this Agreement (e.g., violations of criminal laws) is: General Counsel, TONE3D c/o AEMASS, INC., 711 Calle Artis, San Jose, California, USA, or legal@tone3D.com. Only notices pursuant to this Section and notices relating to complaints in connection with User Content or violations of this Agreement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to the address in Section 20.
Our rights to remove User Content. If we remove or restrict access to any of your User Content, we will notify you, unless it is not appropriate for us to do this (for example, if we are legally prevented from doing so). We will also provide you with the reasons for our decision. If you think we have made a mistake in removing or restricting access to your User Content, you can request we review our decision and decide again by contacting us as legal@tone3D.com.
If you come across any content on TONE3D that you think may be illegal or in breach of our policies please let us know. To report any content you think might be illegal or not in line with our policies please email us at legal@tone3D.com.
Feedback. In addition to the licenses above, if you submit comments, ideas, or feedback to us in any form, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by TONE3D, or obtained from sources other than you.
13. DISCLAIMER OF WARRANTY
As a consumer, you have certain rights under law and nothing in this Agreement can or is intended to limit or remove these rights. We don’t exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. You expressly acknowledge and agree that your use of the Services is at your sole risk. The Services, including but not limited to the Tone3D mobile application, software, and any 3D models, measurements, estimates, or other outputs derived therefrom, are provided on an “AS IS” and “AS AVAILABLE” basis, with all faults and without warranty of any kind. Except as to the extent permitted under applicable law, the Services and Content are provided without any express or implied warranties or conditions of any kind. We hereby disclaim all implied warranties and conditions to the fullest extent permitted by law, including, but not limited to, the warranty of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. To the fullest extent permitted by law, we, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the Content or the User Content or Services or Output, including but not limited to accuracy, completeness, timeliness, or reliability (including, without limitation, the availability level of the Services on a daily or weekly basis). To the fullest extent permitted by law, neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the Services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. Further, we make no warranty that the Services will be available error free or that the Services or the Content are free of computer viruses or similar contamination or destructive features. If your use of the Services or the Content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs. You agree that you use the Services and the Output at your own risk. While we endeavor to provide high quality support services to our member community, TONE3D disclaims any representations or warranties regarding the level or availability of support services.
No Guarantee of Accuracy or Results. Tone3D does not represent or warrant that any images, 3D renderings, measurements, body metrics, health-related insights, or other information provided by the Services will be accurate, reliable, precise, complete, or free of errors. All data outputs or Services Outputs are estimates only and may vary from or in corner case instances vary significantly from actual physical dimensions or other health indicators. The Services are intended for general informational and motivational purposes only and shall not be relied upon as medical, diagnostic, or professional advice.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE Tone3D Services, THE SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM A PROHIBITED USE OF THE Tone3D Services.
In some countries, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in this Agreement may not apply in whole or in part. In some countries, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In such cases, our liability shall not be limited as prohibited by law, and shall be limited to the greatest extent permitted by law.
If the laws of your country would otherwise remove all limitations of liability set forth above, then in such case we provide the following explicit limitation in place of the limitations of liability set forth above: (1) We do not accept responsibility for any loss or damage that was not caused by our breach of this Agreement or that was not, at the time you agreed to this Agreement, a reasonably foreseeable consequence of us breaching this Agreement; and (2) We do not limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
15. INDEMNITY
To the extent permitted by law, you agree to hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your User Content, (ii) your breach of this Agreement, (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, or (iv) your violation of law. You agree to cooperate with any reasonable requests assisting our defense of such matter.
16. GENERAL TERMS
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You can decline this agreement to arbitrate by contacting legal@tone3D.com within 30 days of first accepting this Agreement and stating that you (include your first and last name) decline this arbitration agreement.
UNLESS PROHIBITED BY THE LAWS OF YOUR LOCAL JURISDICTION, YOU AND TONE3D AGREE TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES RELATED TO THESE TERMS OR THE Tone3D ServicesS OR SERVICES IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF THE Tone3D Services OR SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, UNLESS PROHIBITED BY APPLICABLE LAW.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TONE3D WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Either you or TONE3D may assert claims, if they qualify, in small claims court in San Jose, California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the TONE3D products or Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed only and the remaining arbitration terms will be enforced. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and TONE3D agree that any judicial proceeding (other than small claims actions) will be brought in the venue agreed below.
Governing Law and Venue. This Agreement is governed by the internal substantive laws of San Jose County, USA, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of San Jose in the State of California.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Tone3D Services or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Assignment. This Agreement, and any rights and licenses granted under this Agreement, may not be transferred or assigned by you, but may be assigned by us if such transfer or assignment does not materially affect your rights under this Agreement (other than the change of counterparty). This Agreement will inure to the benefit of our successors and permitted assigns.
Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Non-Waiver. Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Entire Agreement. Except as expressly agreed by us and you, this Agreement and any other terms presented to you in connection with your creation of your Account and payment of Subscription Fees constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
Survival. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General (including Dispute Resolution).
Third Party Distribution Channels. TONE3D offers software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”) in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
TONE3D and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
17. CONTACTING TONE3D
If you have any questions or concerns regarding the Services or the Terms of Use in the Agreement please send us a detailed message at the mailing address or email contact below.
TONE3D c/o Aemass, Inc. Attn: Subscription Services Department RE: Terms of Use
711 Calle Artis
San Jose, California, USA 95131
support@tone3d.com
www.tone3d.com
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