服务条款
Last Modified: May 29, 2026
Welcome to DexaFit. These Terms of Service ("Terms") govern your use of DexaFit's platforms and services. By accessing or using any of DexaFit's websites, mobile applications (including the DexaFit AI and Operator apps), digital and custom reports, or software services (collectively, the "Platforms"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platforms.
These Terms apply to DexaFit, Inc. and any of its current or future subsidiaries and affiliates (collectively, "DexaFit"). See Section 23 for how we make changes to these Terms.
PLEASE READ SECTION 20 CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING A 30-DAY RIGHT TO OPT OUT.
1. 隐私与数据使用
Your data is handled as described in our Privacy Policy. By using our services, you grant DexaFit the right to use de-identified, aggregated, or anonymized data for product development, algorithm and model training, research, service enhancement, and internal analytics. DexaFit may also use such data to improve user experience, support clinical studies, develop future commercial products and research technologies, and develop products or technologies that may be licensed to third parties—in de-identified form only, without any link to individual user identities.
We do not sell your personal information for money in the traditional sense. Personally identifiable information will not be sold, shared, or disclosed to third parties except with your consent, as required by law, or as described in our Privacy Policy. Only de-identified data that cannot reasonably be traced back to you individually may be used for the commercial and research purposes described above, and we maintain that data in de-identified form, make no attempt to re-identify it, and contractually require recipients to do the same.
2. 紧急服务免责声明
若您正遭遇医疗紧急情况，请立即拨打"911"。
DexaFit's Platforms and services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Platforms. If you believe you have an emergency, call 9-1-1 immediately. Seek emergency help or follow-up care when recommended by a healthcare provider or when otherwise needed.
3. 整体健康免责声明
DexaFit provides tools, reports, and software-based interpretations intended for general wellness and educational purposes. DexaFit is not a healthcare provider and does not offer medical advice, diagnosis, or treatment. Information from the Platforms should not be relied upon for medical decision-making. Always consult a licensed healthcare provider regarding your health or before making any medical decisions based on data from DexaFit services. DexaFit's general wellness products are intended to be consistent with applicable FDA guidance for general wellness/low-risk products.
4. Independent Licensed Operators
DexaFit, Inc. is an independent technology and wellness-insights company. DexaFit's role is limited to (i) licensing the DexaFit trademark, brand, software, and analytics, and (ii) providing the software platform that processes data and presents results and reports. The in-person wellness services promoted on the Platforms—such as DEXA body composition scans, VO2 Max testing, and Resting Metabolic Rate (RMR) assessments—are provided by independently owned and operated businesses that license the DexaFit trademark and software ("Licensed Operators").
DexaFit is not a franchisor and Licensed Operators are not franchisees. Licensed Operators are independent entities and are not owned, operated, managed, staffed, controlled, or supervised by DexaFit. Each Licensed Operator is solely responsible for its own business operations, premises, staff, equipment, scheduling, customer service, on-site conduct, safety, pricing, regulatory compliance, quality assurance, and privacy practices.
In the same way that a hosting, scheduling, or software vendor that stores a business's data is not responsible for what physically happens on that business's premises, DexaFit's role as a brand licensor and software/data provider does not make it responsible for the acts, omissions, performance, service quality, legal compliance, equipment, or premises of any Licensed Operator. DexaFit expressly disclaims liability for any of the foregoing, and any issue, claim, or dispute relating to services rendered, equipment used, or conduct occurring at a Licensed Operator location must be addressed directly with that independent operator.
If you purchase in-person services, you purchase them from the Licensed Operator, under that operator's own terms, not from DexaFit.
5. 指标来源
All underlying physiological data (e.g., body composition, VO2 Max, RMR) are generated by third-party diagnostic devices, such as those from Hologic, GE Healthcare, COSMED, MGC Diagnostics, KORR, and others. DexaFit disclaims responsibility for the accuracy, reliability, or calibration of such measurements, which are subject to the quality control, configuration, and settings of each Licensed Operator's equipment.
6. 资格与账户
You must be at least 18 years old to create an account or use the Platforms. If you are under 18, do not register or provide personal information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us promptly of any unauthorized use. DexaFit may suspend or terminate accounts for any breach of these Terms or misuse of the Platforms (see Section 9A).
7. 电子通讯及联系同意
Transactional communications. When you use the Platforms or create an account, you consent to receive service-related communications electronically—such as account, security, transaction, appointment, and policy notices. These are necessary to provide the service, and you cannot opt out of them while you maintain an account.
Marketing communications. Separately, and only where you provide consent, we may send marketing communications by email, SMS/text, or phone. Marketing consent is not a condition of using the Platforms or purchasing any service. Message and data rates may apply to text messages.
How to opt out of marketing.
Email: click "unsubscribe" in any marketing email, or adjust your account preferences.
Text: reply STOP to any marketing text (reply HELP for help).
Phone/other: email support@dexafit.com with the subject line "OPT OUT" and your phone number, or update your account settings.
Opting out of marketing will not affect essential service-related communications.
8. 不提供医疗或诊断服务
Use of DexaFit's Platforms does not establish a provider-patient relationship. DexaFit services are not intended to diagnose, treat, cure, mitigate, or prevent any condition. All interpretations and reports are for informational and educational purposes only.
9. 平台修改与可用性
We may modify, suspend, or discontinue any aspect of the Platforms, services, or features at any time. Where a change materially reduces a paid feature you are actively subscribed to, we will provide reasonable notice. Some features may be experimental or in beta and may have limited functionality or reliability. Except as required by law, DexaFit is not liable for losses resulting from such changes or interruptions.
9A. Termination
You may stop using the Platforms and close your account at any time through your account settings or by contacting support@dexafit.com. We may suspend or terminate your access for breach of these Terms, suspected fraud or unlawful use, or to comply with law. On termination: your license to use the Platforms ends; we may delete or de-identify your data as described in the Privacy Policy (subject to legal retention); and Sections that by their nature should survive (including Privacy and Data Use, disclaimers, Intellectual Property, Indemnification, Limitation of Liability, and Dispute Resolution) survive termination.
10. 知识产权
All content, technology, software, reports, scores, models, and designs within the Platforms are the property of DexaFit or its licensors and are protected by intellectual-property laws. You are granted a limited, personal, non-transferable, non-sublicensable, revocable license to access and use the Platforms for personal wellness use only. You may not copy, resell, distribute, publicly display, modify, or create derivative works from any part of the content without DexaFit's prior written permission. DexaFit's trademarks and brand may not be used without authorization (Licensed Operators are authorized only under their license agreements).
11. 禁止活动
您同意不：
不得将平台用于任何非法或欺诈目的；
Reproduce, distribute, reverse engineer, decompile, or exploit any part of the Platforms;
Use bots, scrapers, or other automated tools to access or extract data;
Interfere with or disrupt the functionality, integrity, or performance of the Platforms;
违反或试图违反安全措施；
Access data not intended for you or log into accounts you are not authorized to use;
使用虚假身份或虚假陈述您的关联关系；
传播病毒、恶意软件或其他有害代码；
Engage in spam or unsolicited communications to other users;
Attempt to circumvent access restrictions or payment requirements;
Use the Platforms in any way that could harm DexaFit's reputation or operations or infringe the rights of others.
12. Payments, Billing, Subscriptions, and Refunds
Purchases through DexaFit. Where you purchase a product or service directly from DexaFit (for example, through our web checkout), the following refund policy applies:
Within 7 days: full refund to the original payment method (payment-processing fees may apply);
Days 8–30: store credit valid for online DexaFit purchases (excluding services at Licensed Operator locations);
After 30 days: refunds or credits will be provided upon DexaFit’s discretion.
To request a refund or credit, email billing@dexafit.com with proof of purchase within the applicable timeframe.
Purchases at Licensed Operator locations are governed by the operator's own pricing, terms, and refund policies, not this Section.
In-app purchases. Purchases made through the Apple App Store or Google Play are processed and governed by Apple's or Google's terms and refund policies, and refund requests for those purchases must be made through the applicable app store. DexaFit cannot issue refunds for app-store purchases.
Subscriptions and automatic renewal (where offered). DexaFit may offer subscriptions that automatically renew. Where it does:
We will disclose the subscription's price, billing frequency, and renewal terms clearly before you purchase, and obtain your affirmative consent to the recurring charge.
Your subscription will automatically renew at the then-current price for successive terms until you cancel, and we will charge your payment method on each renewal date.
You may cancel at any time, easily and online, through your account settings (or, for in-app subscriptions, through the App Store or Google Play subscription settings). Cancellation will take effect at the end of the current billing period; we do not provide partial-period refunds except where required by law.
Where required by law, we will send renewal or price-change reminders.
You are responsible for keeping your payment information current.
13. Telehealth and Clinical Partners
Some DexaFit services may integrate with or facilitate access to independent third-party telehealth or clinical providers. DexaFit does not provide medical care and is not liable for any services delivered by telehealth or clinical partners. Use of those services is governed by the provider's own terms, policies, and informed-consent agreements.
14. 人工智能与实验性功能
The Platforms may include AI-generated insights, composite scores, predictive analytics, or experimental wellness features. These features are provided on a non-diagnostic basis for educational and self-optimization purposes only. They do not replace clinical testing or medical judgment, may not be suitable for every individual, and should be considered in consultation with a healthcare professional. Beta or experimental features may have limited functionality or reliability and may change or be withdrawn.
15. Cookie 和追踪
Our Platforms use cookies and similar technologies to enhance functionality, analyze usage, and personalize experiences, as described in our Privacy Policy. You can manage cookie preferences through our cookie controls and your browser settings, though disabling some cookies may affect functionality.
16. App Stores (Apple and Google)
If you download a DexaFit app from the Apple App Store or Google Play, you also agree to the applicable app store's terms, and the following apply to the extent required by Apple or Google:
These Terms are between you and DexaFit only, not with Apple or Google, and Apple and Google are not responsible for the apps or their content.
Your license to use a DexaFit app is limited to use on devices you own or control, as permitted by the applicable app store's usage rules.
Apple and Google have no obligation to furnish any maintenance or support for the apps.
To the extent permitted by law, Apple and Google are not responsible for any product warranties, and DexaFit (not Apple or Google) is responsible for addressing any claims relating to the apps, including product-liability, legal-compliance, and intellectual-property claims, as required by the applicable store.
Apple and its subsidiaries, and Google and its subsidiaries, are third-party beneficiaries of these Terms with respect to the apps and may enforce them.
You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list.
17. Force Majeure
DexaFit will not be liable for any failure or delay in performance due to events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, government action, labor disputes, utility or network failures, and cyber attacks.
18. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless DexaFit and its officers, employees, subsidiaries, affiliates, licensors, and agents from any third-party claims, damages, liabilities, and reasonable expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your misuse of the Platforms, your violation of any law, or your violation of the rights of a third party. This Section does not require you to indemnify DexaFit for DexaFit's own negligence or misconduct, and applies only to the extent permitted by applicable consumer-protection law.
19. Limitation of Liability
To the maximum extent permitted by law, DexaFit shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of data, profits, goodwill, or business interruption, arising out of or relating to your use of the Platforms or any services offered by third-party Licensed Operators or other third parties. DexaFit's total aggregate liability for all claims relating to the Platforms shall not exceed the greater of (a) the amount you paid DexaFit in the 12 months before the claim, or (b) USD $500.
As described in Section 4, DexaFit is not responsible for injuries, damages, or losses caused by Licensed Operators or their premises, equipment, or staff.
Exceptions. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for: (a) death or personal injury caused by DexaFit's negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that applicable law does not permit to be limited. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, and consumers retain all rights granted by mandatory law.
20. Dispute Resolution and Arbitration
Governing Law. These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except where mandatory consumer-protection law of your place of residence applies.
Informal Resolution First. Before starting an arbitration, the disputing party must send written notice describing the claim and the relief sought, and the parties will attempt to resolve the dispute informally for 30 days. Notice to DexaFit: DexaFit, Inc., 3601 Minnesota Drive, Suite 515, Edina, MN 55435, Attn: Legal.
Binding Arbitration. If not resolved within 30 days, any dispute arising out of or relating to these Terms or the Platforms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (not the Commercial Rules), as modified by these Terms. The arbitrator may award the same relief a court could on an individual basis. Arbitration fees will be allocated as provided by the AAA Consumer Arbitration Rules; where those rules require, DexaFit will pay arbitration fees beyond the consumer's portion.
Small-Claims Carve-Out. Either party may bring an individual claim in small-claims court if it qualifies, instead of arbitration.
Class-Action and Jury Waiver. Claims may be brought only in your individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. You and DexaFit waive the right to a jury trial.
Mass/Batch Arbitration. If 25 or more similar claims are submitted by or with the coordination of the same or coordinated counsel, the claims will be administered in batches of up to 50, with the parties cooperating in good faith and the AAA's mass-arbitration or batching procedures applied to promote efficiency and fair fee allocation.
Delegation. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court may decide whether the Class-Action and Jury Waiver is enforceable.
30-Day Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@dexafit.com (or support@dexafit.com) with your name, the email on your account, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Consumers Outside the U.S. Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of their country of residence; where such law applies, the arbitration, class-waiver, and governing-law provisions apply only to the extent permitted by that law.
21. Data Breach Notification
In the event of a data breach affecting your personal information, we will notify affected users as required by applicable law and as described in our Privacy Policy.
22. International Users and Licensed-Operator Sales
The Platforms are operated from the United States. Where DexaFit makes the Platforms available outside the U.S., including in the EU/EEA and the UK, in-person wellness services and any related purchases are provided and sold by the independent local Licensed Operator under that operator's own terms, not by DexaFit. These Terms govern your use of DexaFit's software, apps, and reports. Mandatory consumer-protection rights under the law of your country of residence are not waived by these Terms.
23. Changes to These Terms
We may revise these Terms from time to time. For material changes, we will provide at least 30 days' notice through the Platforms or by email before they take effect, and, where required by law, will obtain your affirmative acceptance; if you do not agree, you may stop using the Platforms before the changes take effect. For non-material changes, posting the updated Terms with a revised "Last Modified" date is sufficient notice. Your continued use of the Platforms after changes take effect constitutes acceptance to the extent permitted by law.
24. Severability
If any provision of these Terms is held invalid or unenforceable, the remainder will remain in full force, and the invalid provision will be replaced with a valid one that most closely reflects the original intent. If the Class-Action and Jury Waiver in Section 20 is held unenforceable as to a particular claim, that claim will proceed in court, but the rest of Section 20 will remain in effect.
25. Assignment
You may not assign or transfer these Terms or your account without DexaFit's prior written consent. DexaFit may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets.
26. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements you enter into with DexaFit, constitute the entire agreement between you and DexaFit regarding your use of the Platforms and supersede prior agreements on that subject.
27. Contact Information
DexaFit, Inc.
3601 Minnesota Drive, Suite 515
Edina, MN 55435
Email: support@dexafit.com
Legal: legal@dexafit.com
Billing: billing@dexafit.com
Privacy: privacy@dexafit.com
Website: https://dexafit.com