• For sensitive data (including health data and biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.

• For non-sensitive Personal Data which we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

• With regard to other non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance our Services.

  • For sensitive data (including health data and biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.

  • For non-sensitive Personal Data which we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

  • With regard to other non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance our Services.

• When you communicate with us or sign up for promotional materials, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages. Where we are required under applicable local law to obtain your consent for sending you marketing information, the legal basis is your consent, Art. 6(1)(a) GDPR.

• When you participate in special activities, offers, or programs.

  • For sensitive data (health data) (including health data or biometric data) as defined in the GDPR, we process such data on the basis of your prior consent, Art. 9(2)(a) GDPR.

  • For non-sensitive Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages or to allow you to participate in our special activities, offers or programs or obtain prior consent, Art. 6 (1) (a) GDPR, if required by applicable law.

    • When you engage with our online communities or advertising and we actively collect your Personal Data in this context, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with our promotional messages.

    • When you access third party products and services and we obtain Personal Data about you from such third party sources:

      • For Personal Data that we need in order to perform the Services (e.g., if you pay for third party products through our Services), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

      • With regard to other Personal Data, we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to improve our Services.

    • When you connect with us through social media:

      • Where we collect your consent in such case, for instance for marketing purposes, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use the full range of our Services (Art. 6 (1) (f) GDPR).

    • When we collect data from third parties or publicly-available sources:

      • For Personal Data which we need in order to perform the Services (e.g., for email verification purposes), such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

      • With regard to other Personal Data, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is providing you with better Services and to enable you to use our Services more efficiently.

    • When we leverage and/or collect cookies, device IDs, data from the environment, and other tracking technologies, we process your Personal Data on the basis of your consent, Art. 6 (1) (a) GDPR, and based on our legitimate interest, Art. 6 (1) (f) GDPR, to the extent permitted by applicable law.

    • When we use coarse location and data from sensors, we process such data for strictly necessary purposes in order to perform our Services, Art. 6 (1) (b) GDPR); and for our legitimate interest in marketing and improving our Services, Art. 6 (1) (f) GDPR).

    • When we aggregate or centralize data, such processing is either necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better or customized Services and marketing.

    • When you sign up for our Services that consist of social sharing and communication with others (including linking you to friends across platforms):

      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    • When you share content or achievements, or invite friends to use the Services:

      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    • When we provide you geographically relevant Services, offers, or advertising:

      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, for such Personal Data that we need in order to perform the Services, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

      • Where we do not collect your consent in such case and where we do not need such data in order to perform the Services, we process such data for our legitimate interest in offering you marketing and improving our Services, Art. 6 (1) (f) GDPR).

    • When you ask us to customize our Services:

      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR.

    • When we disclose Personal Data to our affiliates and partners, and to our service providers and vendors:

      • Where we collect your consent in such case, we process your Personal Data on the basis of your prior consent, Art. 6 (1) (a) GDPR.

      • Where we do not collect your consent in such case, such processing is necessary for the performance of our Services, Art. 6 (1) (b) GDPR, or we process such data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to provide you with better Services and marketing.

    • When we process or share Personal Data in the event of an actual or contemplated sale, we process such data for our legitimate interest in offering, maintaining, providing, and improving our Services, Art. 6 (1) (f) GDPR).

    • When we conduct analytics, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to enhance your experience and to develop and improve our Services.

    • When we investigate suspected illegal or wrongful activity, we process your Personal Data on the basis of our legitimate interest, Art. 6 (1) (f) GDPR, and our legitimate interest is to ensure compliance with legal requirements and law enforcement requests and for public safety purposes.

Right to Lodge a Complaint Before the Data Protection Authority

We encourage you to contact us directly and allow us to work with you to address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.

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Changes to this Privacy Policy

In order to enhance our Services it might be necessary to change this Privacy Policy from time to time. We therefore reserve the right to modify this Privacy Policy in accordance with the applicable data protection laws. Please visit our Website from time to time for information on updates to this Privacy Policy.

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How to Contact Us or Our Privacy Office

EnvisionBody, Inc. is the data controller responsible for the processing of your Personal Data in connection with the Services. In case of questions about the processing of your Personal Data please contact us at info@envisionbody.com (write PERSONAL DATA in the subject line) or in writing at:

​

EnvisionBody, LLC
ATTN: Personal Data
2840 West Bay Drive #229
Belleair Bluffs, Florida 33770

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Residents of Hong Kong, SAR of China

Hong Kong residents may request modifications, correction or access to their personal data that we possess. Please contact us in writing at the address listed above if that is necessary. We may charge for this service and will respond within the time constraints by law.

• Your Consent for Use or Sharing of Personal Data for Marketing Purposes. You have the right not to share your personal data with EnvisionBody. But doing so may not allow us to provide you with our services completely. We may use your personal data to connect with you about our services purchased by you and or to notify you of other promotional services and or products that you may want. EnvisionBody may also share personal data with our advertising partners and or associates, business partners, vendors and suppliers who are providing you with products and services for their promotional marketing purposes. Your consent may be provided using the methods explained below.

• The consent of your personal data that you give may be indicated by clicking on a box that agrees to share your personal data through our services or completing a form. This includes signing up in promotions or clicking a box indicating your consent when registering for an account with us. When receiving promotional communication from us, you may elect to opt out at any time at no charge. This is shown at the bottom of the page that you select by unsubscribing or opting out.

• Your Consent for Use or Sharing of Personal Data for Marketing Purposes. You may choose not to provide EnvisionBody with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services. EnvisionBody may use your Personal Data to communicate with you about EnvisionBody Services you have purchased or used and to notify you of other products, Promotions and services we think may be of interest to you. We may also share Personal Data with our Ad Partners, business partners, vendors and suppliers who are providing you with products and services for their marketing purposes. You may provide your consent through the methods described in the next section.

• EnvisionBody takes steps to keep your Personal Data accurate and up to date. If you reside in Hong Kong, you may request access to or correction of the Personal Data that we have collected about you. To access your Personal Data, please contact us through info@envisionbody.com  (write PERSONAL DATA in the subject line) or at the address listed above. We may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Please note: It can take up to 72 hours for any outbound email changes to take effect.

Residents of Indonesia, Malaysia, Philippines, Thailand and Singapore

Hong Kong residents may request modifications, correction or access to their personal data that we possess. Please contact us in writing at the address listed above if that is necessary. We may charge for this service and will respond within the time constraints by law.

Indonesia, Malaysia, Philippines, Thailand or Singapore residents my request modification, correction, opposition and removal of your personal data that we possess. Request regarding your personal data must be requested by contacting us in writing at EnvisionBody, LLC 2840 West Bay Drive #229, Belleair Bluffs Florida 33770 ATTN: Personal Data or infor@envisionbody.com (write PERSONAL DATA in the subject line). If permissible by law, we may charge for this service and will respond within the amount of time prescribed by law.

Residents of Japan

Operator of Japan Websites

EnvisionBody operates the Service, and collects, uses and shares your Personal Data as outlined in this Privacy Policy.

How EnvisionBody Uses Personal Data

EnvisionBody may use your Personal Data to communicate with you about the Services you have purchased or used and to notify you of other products, promotions and Services we think may be of interest to you.

EnvisionBody will use the Personal Data you provide at registration for the following purposes:

1. Communicating with you about the use of the Services.

2. Communicating with you about activities related to the Services.

3. Delivering information (including advertisements) on products, services.

4. Providing you with updates on new uses of your Personal Data.

5. Providing registration support.

6. Providing e-mail support.

7. Creating statistical and analytic information.

8. Other inevitably necessary communications to you.

9. Leveraging and/or collect cookies, device IDs, Location, data from the environment, and other tracking technologies.

10. Providing you geographically relevant Services, offers, or advertising.

11. Complying with Legal Requirements or Obligations, Law Enforcement, and for Public Safety Purposes.

We may also share Personal Data with our Ad Partners, business partners, vendors and suppliers. The sharing of Personal Data to these organizations may mean your Personal Data is transferred to third parties located outside of Japan.

You may provide your consent through the methods described in the next section.

Consent for Use and/or Sharing of Personal Data

If you reside in Japan, by using the Services you consent to the collection, use and transfer of your Personal Data with EnvisionBody as outlined in this Privacy Policy. Further, Personal Data collected will be shared as outlined in this Privacy Policy.

You may choose not to provide EnvisionBody with your Personal Data. However, if you choose not to provide your Personal Data, you may not be able to enjoy the full range of Services.

How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal Data or would like to Opt Out, then you may contact us at info@envisionbody.com (write PERSONAL DATA in the subject line) or write to us at:

​

EnvisionBody, LLC.
ATTN: Personal Data
2840 West Bay Drive #229
Belleair Bluffs, Florida 33770

​

Residents of Mexico

By using the Services, you consent to the collection, use and transfer of your Personal Data (including sensitive personal data pursuant to Mexican law) for processing in the United States as described in this policy.

Access Requests

EnvisionBody takes steps to keep your Personal Data accurate and up to date. If you reside in Mexico, you may request access to, modification, cancelation, or opposition of the Personal Data that we have collected about you. To access your Personal Data, please contact us at info@envisionbody.com (write PERSONAL DATA in the subject line) or at the address listed above. We may charge for this access service pursuant to applicable law and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Residents of New Zealand

EnvisionBody takes steps to keep your Personal Data accurate and up to date. If you reside in New Zealand, you may request access to or correction of the Personal Data that we have collected about you. To access your Personal Data, please contact us at info@envisionbody.com (write PERSONAL DATA in the subject line) or at the address listed above. We may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

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Residents of South Korea

EnvisionBody Personal Data Items Collected

Mandatory: Email Address, Account Password, Billing Address, Gender, Date of Birth, postal code, IP address, browser history information, and cookies.

Optional:  Email Address, Billing Address, Gender, Date of Birth, postal code, order history, phone number, IP address, browser history information, and cookies. Login and interaction information from social media and online communities.

Access Requests

EnvisionBody takes steps to keep your Personal Data accurate and up to date. If you reside in South Korea, you may request access to, and modification, opposition and deletion of the Personal Data that we have collected about you. To access your Personal Data, please contact us at info@envisionbody.com (write PERSONAL DATA in the subject line) or at the address listed below. Subject to applicable law, we may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

Data Retention and Destruction

Under applicable Korean law, your Personal Data must be retained for the following periods:

• Records regarding contracts or the cancellation of contracts, and records on payment and provision of goods:

  • Reason of retention: Act on Consumer Protection in Electronic Commerce Transactions, etc.

  • Retention period: five years

• Records on customer complaints or dispute resolution:

  • Reason of retention: Act on Consumer Protection in Electronic Commerce Transactions, etc.

  • Retention period: three years

• Communications confirmation data

  • Reason of retention: Communications Privacy Protection Act

  • Retention period: three months

• Records on electronic financial transactions:

  • Reason of retention: Electronic Financial Transaction Act

  • Retention period: five years

Method and Procedure for the Destruction of Personal Data

EnvisionBody retains your Personal Data (i) for as long as you maintain an account or as needed to provide you the Services and/or (ii) as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Personal Data is destroyed when it is no longer necessary for these purposes. The specific destruction process and method are as follows: (i) Personal Data printed on the paper is shredded, burned, pulped, pulverized, or incinerated; and (ii) Personal Data stored in electronic form is deleted using technology designed to prevent the recovery of the Personal Data.

How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us at info@envisionbody.com (write PERSONAL DATA in the subject line)  or write to us at:

​

EnvisionBody, LLC.
ATTN: Personal Data
2840 West Bay Drive #229
Belleair Bluffs, Florida 33770

Residents of Turkey

By using the Services, you consent to the collection, use and transfer of your Personal Data with EnvisionBody as outlined in this Privacy Policy. Further, Personal Data collected will be shared as outlined in this Privacy Policy.

• Information Security. The Personal Data shared with EnvisionBody will be protected using technical and organizational measures designed to protect your information against unauthorized access, theft, and loss as required by article 12 of the Law on Protection of Personal Data no. 6698.

• Personal Data Accuracy. EnvisionBody takes steps to keep your Personal Data accurate and up to date. You are responsible for the accuracy of the information you have provided to EnvisionBody, and you understand that doing so is important in terms of exercising your personal data rights under the Law on Protection of Personal Data no. 6698 and other applicable legislation. To update your Personal Data, please contact us at info@envisionbody.com (write PERSONAL DATA in the subject line).

• Access Requests. If you reside in Turkey, you may request access to, and modification, opposition and deletion of the Personal Data that we have collected about you. To access your Personal Data, please contact us at info@envisionbody.com (write PERSONAL DATA in the subject line). Subject to applicable law, we may charge for this service and will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.

• Data Retention and Destruction. When you delete your account and/or when Personal Data is no longer needed to provide the Services or to comply with our legal obligations, resolve disputes, and enforce our agreements and/or the retention period under applicable law has expired, your Personal Data may be anonymized and continued to be used in that form.

Residents of the United Arab Emirates

If you reside in the United Arab Emirates, your use of the Services signifies your consent to the following:

• You affirmatively waive your material privacy rights under applicable laws;

• EnvisionBody may disclose any information you provide us, including information you may consider private; and

• EnvisionBody is not liable for any publication of information you provide us, including information you may consider private.

Please do not use the Services if you disagree with any part of this Privacy Policy.

Our Privacy Policy page will inform you of additional privacy information. 

According to the California Consumer Privacy Act (CCPA) businesses must tell its California consumers if it sells and or how it distributes their technical device and other data. Additionally, a business must allow and exhibit opt-out methods of the sale of their data. We may share a user’s data to another company that uses it for advertising and other purposes. We do not sell your data for money.

Envisionbody may collect your personal data while using our services through our mobile app and visit our website, including our online communities that we associate with such as blogs, writing a comment or messaging, entering information into fields or social forums you engage with on our platform. This includes when you click on advertisements or other social media platforms or other organizations that link through our affiliation with us.

If Verification needed

Users must reach out to us directly from a verified email address. We request a test response and further information about you, and or your account may be required.

We do not respond to automated request from third party companies without authentication from the user. Evidence that the user has made this request and owns the account must be provided.

We retain the right to modify our verification process.

You can contact us as specified in our Privacy Policy.

Sharing Data With Other Companies

We may share your data with companies that offer online advertising or other products or services. They sometimes use that data for their own benefit. One example of this is for targeting advertising so that they are providing the most useful and relevant information to the correct audience. This is considered by the California Consumer Privacy Act as an act of “sale”.

Opting Out Options

The EnvisionBody platform my allow advertisements. We may share some information beyond our service providers to third parties. This allows more useful information to be targeted to the consumers.

EnvisionBody gathers some information about you and how you use our services as well as the device that you are utilizing when you open our app or visit our website. When you use the EnvisionBody app or website, we send out a signal to our contracted ad servicing partners and share your data we collected. They then share a signal with third parties who want to reach you.

The information provided below offers instructions for how EnvisionBody account holders or website visitors can opt out of advertising.

To practice your rights to personal data other than opting out of the “sale”, contact us at EnvisionBody, LLC, ATTN: PERSONAL DATA, 2840 West Bay Drive #229, Belleair Bluffs Florida 33770.

Opting out or turning the advertising feature off may not remove the advertising, but it will limit the data we collect from you regarding those ads.

Envisionbody collects and stores your information when you visit our website. Whether you create an account and sign in or not, we collect information using cookies and tracking technologies. This includes using web beacons and IP address notifiers.

Controlling Tracking & Cookies

EnvisionBody ask for your consent for tracking when you initially visit our website.

To delete your browser cookies and cache, please click on the relevant links below for instructions. Doing this on a consistent basis will limit how you are tracked while visiting our website.  If you elect to do this, it will reset your prior cookie preference you selected: Firefox, Safari, Chrome, Microsoft Edge, Microsoft Explorer .

Region Specific Opt Out Options are listed below. Please visit the websites relative to your location for more information and options for opting out of interest-based advertising.   Ad Choices (US), Your Ad Choices (Canada), and Your Online Choices (EU).

EnvisionBody Terms and Conditions of Use

These Terms and Conditions of Use apply and govern your use of our website and mobile application (the “App”) and are designed to create a positive, law-abiding community of our users. By using EnvisionBody, you are agreeing to all the terms and conditions below.

EnvisionBody, LLC. and any successor entity (referred to throughout as “EnvisionBody,” “we” or “us”), offers a variety of content and services through the EnvisionBody website and App (collectively, the “Services”).

Who Is Responsible if Something Happens

• Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS/DIET FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

• We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

• Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

• You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 14. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH ENVISIONBODY AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES.

In the event of a conflict between the parties, the Terms will control.

1. Use of the Services and Your Account

1.1 Your Account

You may need to create a EnvisionBody account to access the Services, and it's important that you keep your account accurate and up-to-date (particularly your email address - if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).

You may need to register for a EnvisionBody account to access or use certain Services. Your account may also automatically provide you access and means to use any new Services.

When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify us at info@envisionbody.com (write PRIVACY in the subject line), right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password.

If you are a resident of the European Union: You have the right to delete your account with us by contacting us at info@envisionbody.com (write DELETE ACCOUNT in the subject line). If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.

1.2 Service Updates, Changes and Limitations

Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don't install the updates.

The Services change frequently, and their form and functionality may change without prior notice to you.

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Services may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

We may change our fee to use our service with any update. You may be required to pay additional money to receive the update. You will not receive a refund for any money paid to us prior to the update.

1.3 Service Monitoring and Suspension

We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.

We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services (including inviting a fellow user into a community or group), as well as any user’s use of or access to Personal Data, and profiles of other users.

We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for EnvisionBody, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.

1.4 Security

Please let us know right away if you believe your account has been hacked or compromised.

We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us at info@envisionbody.com, (write SECURITY in the subject line) immediately of any actual or suspected breach or unauthorized access or use of your account.

2. Ownership and Use of Content

2.1 Definitions

Content is what shows up in-app or on the website when you use our Services. User-Generated Content is any Content that is created by you or other users, and EnvisionBody Content is all other Content.

For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, comments, software, scripts, executable files, graphics, geo-data, workouts and workout data, biometric data and data elements derived therefrom, meal, or fitness training plans, annotations, nutrition information, calorie intake, calorie suggestions, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “EnvisionBody Content” means all Content that is not User-

Generated Content.

2.2 Ownership

You own the Content that you create, and we own the Content that we create.

All EnvisionBody Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to EnvisionBody and/or its partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a license of that User Generated Content to EnvisionBody as explained in Section 2.5 below. EnvisionBody and/or its partners or third parties retain ownership, responsibility for and/or other applicable rights in all EnvisionBody Content. Except as expressly provided in the Terms, nothing grants you a right or license to use any EnvisionBody Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorized in writing by us.

2.3 Our License to You

You are welcome to access and use the EnvisionBody Content and Services. We work hard to provide a great experience for our users, so please respect our intellectual property rights and only use the EnvisionBody Content and Services as intended. This includes not using any EnvisionBody Content or Services for commercial purposes without our permission. We do have APIs and other tools you can use to help create your own apps and products. Contact us to find out more.

Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and EnvisionBody Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the EnvisionBody Content or Services.

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2.4 Acceptable Usage Guidelines

• 2.4.1 EnvisionBody Content. Except as expressly permitted by applicable law or authorized by EnvisionBody, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any EnvisionBody Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save EnvisionBody Content, except (i) as expressly permitted by the functionality of certain Services as provided for in the specific guidelines and/or additional terms applicable to those Services, or (ii) solely for personal use or your records.

• 2.4.2 Commercial Usage of the Services. The EnvisionBody Services are intended only for your personal, non-commercial use. You shall not use the Services to sell a product or service, to increase your brand awareness, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavor aimed at deriving revenue or false representation. For example, you shall not take the results from EnvisionBody Services and reformat and display them as your own, and or mirror our home pages or results pages on your website. Moreover, you shall not “meta-search” our Services. If you seek to make commercial use of the Services, you must enter into an agreement with us to do so in advance. Please contact us at info@envisionbody.com.

• 2.4.3 Linking to the Services. If you would like to link to our Services on your website or App, you must ask for our permission in advance. If we decide to allow you to link to our services, please follow these rules: (i) any link to the Services must be a text only link clearly marked “EnvisionBody” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by EnvisionBody) or in some other format directed by us, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks, (iii) the link must “point” to the root domain name of the Services and not to other pages within the Services, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with EnvisionBody, (v) when selected, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) we reserve the right to revoke its consent to the link at any time and in its sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.

2.5 Your License to Us

When you post Content in connection with our Services, it belongs to you - however, you're giving us permission to use that Content in connection with our Services and make the Content available to others. We can edit or remove your Content from our Services at any time for any reason. Don't post any Content that is not yours or that you do not have permission to post.

When you provide User-Generated Content to EnvisionBody through our Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content, but if we choose to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

The rights you grant in this license are for the limited purposes of allowing EnvisionBody to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with our Privacy Policy.

We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, the Community Guidelines, and/or our policies.

You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant EnvisionBody the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.

2.6 Spreading the Word

If you share someone else's Personal Data with us, you must first get their permission.

We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends. If you elect to use the features in our Services to tell a friend about the Services, we will ask you to provide your friend’s email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period of time, but we will not post this information publicly. You represent and warrant that you are authorized to provide any third-party contact information that you provide to us for referrals and will indemnify us for any breach of this representation and warranty.

2.7 Content Retention

Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.

Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Further, EnvisionBody and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. The license to your User-Generated Content therefore continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. For more information, please review our Privacy Policy.

3. Community Guidelines

3.1 Interactive Areas

Our Services may contain community features. When you post content through these features that content may become public. We may, but do not always, monitor our community features, and ultimately you are responsible for your interactions with other users. Please use good judgment and play fair.

Some of our Services may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another (“Interactive Areas”). You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public. You should, accordingly, never post any Personal Data in an Interactive Area.

We are entitled, but have no obligation, to monitor our community features. You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. EnvisionBody is under no obligation to become involved in and disclaims all liability related to any disputes between its users and you release EnvisionBody from all responsibility and liability arising out of or in connection with such dispute.

3.2 Community Guidelines

Our Services are intended to be a safe and supportive environment to help you reach your fitness and wellness goals. You cannot use our services to post inappropriate material, harass people, send spam, violate intellectual property rights, or act inappropriately. Be reasonable and act responsibly.

Our Services are intended to create a safe and supportive community for all users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the “Community Guidelines”) when posting User-Generated Content and using the Services. Our Community Guidelines are based in many instances on principles of applicable law. Violations of our Community Guidelines may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.

• No Inappropriate Content. Don’t post Content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.

• No Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay on-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread off-topic is considered hijacking. This includes posts that provoke or are intended to incite uproar.

• No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders. Use of the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. Accordingly, please do not contribute the following types of Content, which may be removed without warning:

  • Content intended to promote potentially unsafe or controversial weight loss products or procedures, including non-medically prescribed supplements and any prescription medications.

  • Profiles, groups, messages, posts, or wall comments that encourage anorexia, bulimia, or very low calorie diets. This includes positive references to ana/mia, purging, or self-starving.

  • Photos intended to glamorize extreme thinness.

• No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).

• No Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources

• No Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.

• No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).

• No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.

• No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other user, moderator or administrator.

• No Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal duty owed to a third party.

• No Deceptive or Fraudulent Links. Don’t post deceptive or fraudulent links. This includes links with misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.

• No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else’s proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don’t post it. In particular, if you have any reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property/DMCA section of our Terms.

• No Impersonating EnvisionBody or Others. Don’t post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with EnvisionBody. Creating an account for the purposes of deceiving other users or to work around a suspension is not permitted and will be grounds for a permanent ban from the Services.

• No Automated Querying. Do not send automated queries of any sort to the systems and networks we use to provide the Services without our express written permission.

• Other. Don’t post any Content that contains anything that, we in our sole determination, may determine is objectionable or inhibits any other person from using or enjoying the Services, or that may expose EnvisionBody or our users to any harm or liability of any kind. Don’t post content that may damage or dilute the goodwill associated with EnvisionBody or our, logos and marks.

If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.

3.3 Reporting Objectionable User-Generated Content

People do post inappropriate content on user-generated content sites. We do our best to keep the community safe and secure (users respecting the Community Guidelines helps), but you still might run into bad content before we have a chance to take it down. If you spot anything objectionable, please let us know.

While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect someone is misusing your User-Generated Content, please report it to us at info@envisionbody.com (write REPORT USER VIOLATION in the subject line). We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.

We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.

4. Intellectual Property/ DMCA

We respect intellectual property laws. If anything is wrong, please send an email with all the details to info@EnvisionBody.com (write INTELLECTUAL PROPERTY in the subject line).

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