1. Who May Use the Services

You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register with and use the Services. Minors between the ages of 13 and 18 years old may participate in certain aspects of the Services provided that such individuals:

• Have been cleared to participate by their physician;
• Have permission to participate from a parent or legal guardian who will provide supervision, and that such parent or legal guardian agrees to be bound by this Agreement; and
• Rest, hydrate and modify as needed.

If you choose to permit a minor under the age of 18 to use BodyPark's Services with you, you acknowledge and agree that you are solely responsible for such minor and must supervise them at all times while using BodyPark's Services. You also agree to be fully responsible for the acts and omissions of such minor in connection with BodyPark's Services.

We may, in our sole discretion, refuse to offer BodyPark's Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable law, rules, and regulations related to this Agreement.

2. Account and Subscription

Creating an Account

When you access and use certain parts of BodyPark's website, products (such as BodyPark ATOM, hereinafter "ATOM" or "Product") or application (collectively, "BodyPark's Services"), you may be asked to create a user account and to provide personally identifiable information. After successfully creating your account, you may use it to log in to BodyPark's website, application, and products.

For the information you provide, we will only process that information for the purposes of verification of your identity, and we will not process that information for unrelated purposes. You represent and warrant that all user information you provide in connection with your Account and your use of BodyPark's Services is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy.

You agree that you will not submit any fake content (including without limitation any username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If we believe in our sole discretion that the information you provide is not current, complete, or accurate, we reserve the right at any time to refuse or terminate your access to BodyPark's Services.

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for all activity that occurs under your Account, including any activity by unauthorized users. You may not use the username or password of any other person, nor may you share your username and password. You agree to notify us immediately of any unauthorized use of your Account. We shall not be liable for any loss that you incur because of unauthorized use of your Account, either with or without your knowledge.

Subscription

BodyPark's application is free to download and use for basic features. However, if you want to access certain premium features and benefits of BodyPark's Services, such as unlimited usage of the AI Agentic coach, personalized training plans, post-work insight reports, and increased monthly video cloud storage, you will need to register as a Member of BodyPark and purchase a subscription (hereinafter "Subscription").

We offer different Subscription plans with different prices, durations, and benefits. You can view the current Subscription plans and prices on our website or App. We may change the Subscription plans and prices at any time at our sole discretion. Any changes will not affect your existing Subscription until it expires or is renewed. We will provide you with at least 30 days' prior notice of any material change in Subscription price or any material adverse change in Subscription features or benefits.

3. Purchases and Payments

Product Information and Pricing

Information relating to products and services (including pricing, description, availability, delivery options, and estimated delivery times) is displayed on the relevant product listing page of BodyPark's website. While we strive to ensure accuracy, typographical errors, inaccuracies, or omissions may occasionally occur. Subject to applicable laws and unless otherwise stated in this Agreement, if any product and service information on BodyPark's website or application is inaccurate, we reserve the right to correct and to change or modify information or cancel orders (or parts of orders) prior to dispatch.

Payment Methods and Authorization

If you purchase a Product through BodyPark's website, you will be required to provide your billing and shipping information as well as information regarding your credit card (Visa, UnionPay, MasterCard, or any other issuer accepted by us, hereinafter a "Payment Card") so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through BodyPark's website.

At our sole discretion, you may be permitted to purchase certain product(s) by using the payment processing services of PayPal.com ("PayPal"). You understand and agree that PayPal is a Third Party, and that if you choose to complete any portion of your purchase through a Third Party, your purchase may be governed by the terms of service, privacy policy, refund policy, and other policies and agreements of such Third Party.

Order Placement and Acceptance

Your order is an offer to us to buy the Product(s) and addons in your order. When you place an order to purchase a product from us, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Order Confirmation Email is acknowledgment that we have received your order, and does not confirm acceptance of your offer to buy the product ordered. We only accept your offer and conclude the contract of sale for a product ordered by you when we dispatch the product to you and send an email confirmation to you that we've dispatched the product to you.

Shipping and Delivery

All shipping times shown on the BodyPark's website are estimates only. Actual delivery dates may vary. Shipping and delivery of the Product(s) may be performed by BodyPark's authorized third-party logistics partners (each, an "Authorized Third Party Partner"). The Authorized Third Party Partner will reach out to you to schedule a delivery date for your purchased Product(s). While BodyPark will make a good faith effort to deliver the Product(s) in a timely manner, BodyPark is not responsible or liable for any delays or failures in such delivery, including without limitation, delays based on weather or other events beyond BodyPark's reasonable control. Your order will be delivered to the delivery address you specify when placing your order. Orders cannot be delivered to PO Box or similar addresses.

Cancellations, Returns, and Refunds

If you are not fully satisfied with the Product(s) purchased by you on BodyPark's website, you may return the Product(s), in its original packaging, to us for a refund within thirty (30) days of the date of your purchase. You can request and arrange for such a refund by contacting us via BodyPark's website. After the 30-day refund window has expired, your only recourse regarding the Product(s) is through our warranty.

For details on order cancellations, returns, and refunds, please refer to our Shipping and Returns Policy.

4. Rewards

You may receive credits, discount codes, coupons, cash, gifts, or other rewards through your participation in BodyPark's promotional activities or use of BodyPark's Services (collectively, "Rewards"). Unless otherwise specified, Rewards may only be applied as discounts toward eligible purchases on BodyPark's websites or applications and cannot be redeemed for cash, except where required by applicable law. Not all products or services may be eligible for Rewards redemption.

Each type of Reward may be subject to additional terms and conditions, including expiry dates, usage limits, and eligible product categories. Please review the applicable terms for each Reward before use. In the event of any inconsistency between those specific terms and this Agreement, the specific terms governing the applicable Reward shall prevail.

5. License and Restrictions

Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access BodyPark's Services for your personal use.

This license does not include, and you must not:

• Republish material from BodyPark's Services (including republication on another service), sell, rent, or sub-license material from BodyPark's Services;
• Show any material from BodyPark's Services in public;
• Reproduce, duplicate, copy, or otherwise exploit material on BodyPark's Services for a commercial purpose;
• Edit or otherwise modify any material on BodyPark's Services;
• Redistribute material from BodyPark's Services, except for content specifically and expressly made available for redistribution;
• Create derivative works from, decompile, reverse engineer, disassemble, or attempt to extract the source code of BodyPark's Services; or

Unless otherwise stated, we and/or our licensors own the intellectual property rights in BodyPark's Services and material on BodyPark's Services, and all rights not expressly granted in this Agreement are reserved by us.

6. Privacy Notice

We process your personal data in accordance with our Privacy Policy. The primary legal bases for processing your data are: (a) Performance of a contract (e.g., creating your account, processing payments); (b) Compliance with a legal obligation (e.g., tax records); and (c) Our legitimate interest (e.g., improving the service, fraud prevention), provided your interests do not override this.

By using BodyPark's Services, you acknowledge and accept the practices described within the Privacy Policy. Please review the Privacy Policy carefully to learn about:

• Categories of Personal Data We Collect and Process
• Purpose of Processing
• Disclosure of Personal Data

7. Content and Services

BodyPark's Services (including ATOM and the App) provide you with various content and services related to fitness, such as:

• Real-time voice counts, where you can hear instant cues for reps, rhythm, and rest through the Product's speakers, keeping you motivated and in flow without checking the screen;
• An AI coach with real-time feedback, where you can get real-time form corrections;
• Post-workout reports, where you can get an in-depth report from your movement data, tracking progress, revealing hidden patterns, and offering insights far beyond simple rep counts; and
• Smart adaptive planning, where you can get 1,000+ expertly defined exercises, and the AI Agent can create personalized workouts built around your history, preferences, and goals with flexible input methods.

We reserve the right to modify, suspend, or discontinue any content or service, in whole or in part, at any time, with or without notice. We are not liable to you for any modification, suspension, or discontinuance of any content or service.

8. Prohibited Conduct

The following restrictions apply to your use of BodyPark's Services. Violation of this Section may subject you to civil and/or criminal liability.

General Conduct

You shall use BodyPark's Services only in a lawful, responsible, and good-faith manner, and shall not use BodyPark's Services in any way that causes, or may cause, damage to or impairment of the availability or accessibility of BodyPark's Services, or for any unlawful, illegal, fraudulent, or harmful purpose.

Restrictions

When using BodyPark's Services, you agree and undertake not to take any action or make available any User Submissions through the Services that may:

• Copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
• Conduct any systematic or automated data collection on or in relation to BodyPark's Services—including scraping, data mining, data extraction, data harvesting, or automated bulk purchasing—without our express prior written consent;
• Interfere with, or attempt to interfere with, the operation of BodyPark's Services or the access of any other user, host, or network;
• Probe, scan, or test the vulnerability of BodyPark's Services or any associated system or network without our prior written authorization;
• Access, log into, or attempt to access any account, server, or system that you are not authorized to access;
• Reverse engineer, decompile, or otherwise attempt to extract the source code or underlying logic of any software forming part of BodyPark's Services;
• Impersonate, or misrepresent your affiliation with, any person or entity;
• Provide false, misleading, or inaccurate information to us or to any other person in connection with BodyPark's Services;
• Create multiple or fictitious accounts for any deceptive purpose;
• Share your account credentials with, or permit use of your account by, any unauthorized third party;
• Abuse any promotion, discount, reward, or other benefit offered by us;
• Send, post, or transmit unsolicited commercial messages or promotional content to other users without our express prior written consent.

Export Control Compliance

You agree to comply with all applicable export control and sanctions laws and regulations in using BodyPark's products, services, software, and technologies, including those enacted by the United Nations, the People's Republic of China, the United States, and other relevant jurisdictions. By purchasing or using BodyPark's products or services, you agree to the following:

• You and your affiliates are not subject to any trade restrictions, sanctions, or legal restrictions imposed by any country, international organization, or jurisdiction.
• You and your affiliates are not located in, registered in, or acting on behalf of any country or region subject to trade restrictions or sanctions, including but not limited to Iran, Syria, North Korea, Cuba, the conflicted regions of Crimea, Donetsk, and Luhansk ("Embargoed Countries and Regions"), or any party affiliated with Russian or Belarusian military or government entities.
• You and your affiliates will not export, resell, transfer, or supply BodyPark's products or services to Embargoed Countries and Regions, or engage in any activities that may trigger trade restrictions or economic sanctions.

Enforcement

BodyPark reserves the right to take immediate action without prior notice to you if: (a) you breach or BodyPark reasonably suspects that you have breached any provisions of this Agreement; (b) BodyPark reasonably determines that your use of the Services poses a risk to the integrity or security of the Services; (c) BodyPark reasonably determines that your conduct may result in harm, liability, or damage to any user, third party, or BodyPark; or (d) BodyPark is required to act in order to comply with applicable laws, regulations, legal process, or lawful governmental requests.

In such circumstances, BodyPark may, at its sole discretion, take one or more of the following actions: terminate this Agreement and/or your BodyPark account; revoke your license to use ATOM; suspend or restrict your access to the Services; cancel or restrict your purchases of products; cancel or restrict Rewards or payments due from us; and/or remove or disable access to any relevant content.

9. User Content

In the Agreement, "your user content" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you post on our platform or any other public forum and platforms, especially any audio or video feed content transmitted through the Services when your Product camera is on ("User Content").

You agree that before using your Product camera, you are responsible for telling anyone within range of your Product's camera that they may be recorded. You may not post or submit a photograph of another person, or otherwise make available any of your User Content that includes the likeness of, or audio or video content including, another person without that person's permission (or, if that person is a minor, without the permission of his or her parent or legal guardian).

By submitting User Content, you grant us a non-exclusive, royalty-free, revocable license to use, reproduce, and display your content solely for the purpose of operating, improving, and promoting the Service. This license ends when you delete your content or your Account, subject to a reasonable technical backup period. You retain all ownership rights to your content.

You warrant that the User Content is not illegal or unlawful, does not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party. We reserve the right at all times and in our sole discretion to edit or remove any material submitted to BodyPark's Services.

10. Intellectual Property

You represent and warrant that, when using BodyPark's Services, you will obey all applicable laws and respect the intellectual property rights of others. Your use of BodyPark's Services is at all times governed by and subject to copyright and other intellectual property laws.

Trademarks

BODYPARK, ATOM, DeepBody, SmartPath, and the related logos (collectively, the "Marks") are trademarks or registered trademarks of BodyPark Companies. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with BodyPark's Services may be the trademarks of third parties. Neither your use of BodyPark's Services nor this Agreement grants you any right, title, or interest in, or any license to reproduce or otherwise use, the Marks or any third-party trademarks.

Copyrights

All content and other materials available through BodyPark's Services, including without limitation logos, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by BodyPark Companies or are the property of our licensors and suppliers. Except as explicitly provided, neither your use of BodyPark's Services nor this Agreement grants you any right, title, or interest in any such materials.

Reporting Claims of Copyright Infringement

If you believe that one of our users is, through the use of BodyPark ATOM or our App, unlawfully infringing on your copyright, you may request removal of those materials by submitting written notification to our designated Agent.

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our App or ATOM that you claim is infringing on your copyright and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Adequate information by which we can contact you;
• A statement that you have a good-faith belief that use of the objectionable material is not authorized by the copyright or other rights owner, its agent, or the law;
• A statement that the information in the notification is accurate; and
• A statement, under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated, or that you are authorized to act on behalf of the copyright or other rights owner.

Please be aware that if you knowingly materially misrepresent that material or activity on the App or ATOM was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

11. Artificial Intelligence (AI) Features, Algorithms, and Disclaimer

Scope of AI Services

Certain services provided by BodyPark may incorporate Artificial Intelligence ("AI") functionalities. These features are categorized as:

• DeepBody AI Engine (on ATOM): Models operating locally on your BodyPark ATOM for real-time tasks. This includes object recognition (especially user recognition) and motion detection (such as the AI coach function).
• Cloud and Generated AI: Cloud-based models supporting advanced capabilities, such as natural language understanding for voice commands and interactive conversational assistance (Q&A/Chat).

Algorithm Description and Data Processing

Local Processing (DeepBody AI Engine): To prioritize privacy and reduce latency, tasks such as object recognition and motion detection are directly performed on your ATOM. Basic movement data used for real-time feedback stays entirely on-device and is never uploaded to the cloud, ensuring 100% privacy for your personal training space. Unless explicitly authorized by the user or required by law, local processing is not intended for biometric identification or unlawful surveillance.

Cloud Processing (Generated AI & Advanced Features): Certain advanced features—including interpreting voice commands, answering questions, or generating text—may be processed in the cloud using large-scale deep-learning models. When you use these features, relevant data (such as voice prompts, workout summary data) will be encrypted and transmitted to our cloud servers or those of our authorized third-party AI providers (located in the United States) for processing. These models operate on probabilistic patterns to generate predictive, not factual, outputs. Consequently, results may contain inaccuracies, biases, or "hallucinations".

User Responsibilities and Acceptance of Use

• Lawful Use: You agree to use AI features solely for lawful, assistive, and creative purposes. You must not use these features to infringe upon the rights of others, create deepfakes, or generate harmful, obscene, or fraudulent content.
• Verification: You are solely responsible for reviewing and verifying the accuracy of any AI-generated output (text, image, or audio) before using, sharing, or relying on it.
• Prohibited Reliance: AI features, including Chat/Q&A, are not a substitute for professional advice. Do not rely on AI outputs for medical, legal, financial, or safety-critical decisions.

Intellectual Property Rights

Ownership of Technology: You acknowledge that the AI algorithms, models, and underlying technologies consist of proprietary information belonging to BodyPark and/or its third-party licensors and providers.

Restrictions: Nothing in these terms grants you any rights to such intellectual property except for the limited right to use the services as intended. You may not reverse engineer, decompile, disassemble, or attempt to extract the source code, model weights, or underlying logic of these models.

Content Ownership: Subject to applicable laws, you retain ownership of the inputs (including voice prompts) you provide. However, you grant BodyPark a worldwide, non-exclusive license to process your inputs solely for the purpose of providing, debugging, and improving the service.

Warranties and Disclaimer

Functional Limitations: Our AI functionalities are generated based on algorithms and data analysis. The results may be affected by environmental, data, or technical factors and are provided for reference only. While we are committed to providing the best experience, we do not guarantee the absolute accuracy of all calculation results or the maximization of benefits.

General Disclaimer: To the fullest extent permitted by applicable law, all AI and voice features are provided "as is" and "as available." BodyPark makes no representations or warranties of any kind, express or implied, regarding the accuracy, responsiveness, reliability, suitability, or non-infringement of any AI-generated content or voice command interpretation. BodyPark shall not be liable for any damages arising from your use of, or reliance upon, these features.

Compliance

BodyPark strives to adhere to applicable international standards regarding AI ethics and data protection. If you believe any AI output violates these standards or infringes upon your rights, please contact us at legal@fiture.com.

12. Third Parties

BodyPark's Services may be linked with services of third parties ("Third Party Services"), some of whom may have established relationships with us, and some of whom may not. We do not have control over the content and performance of Third Party Services. We have not reviewed, and cannot review or control, all of the material made available on Third Party Services. Accordingly, we do not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services.

The BodyPark's Services may also allow you to connect with other compatible products or apps (such as Apple Watch, Samsung Watch (WearOS), Google Pixel Watch) to sync your health data and access additional features. We do not endorse or control any such products or Apps, and we are not responsible for their functionality, compatibility, or performance.

You acknowledge and agree that the availability of BodyPark's Services is dependent on the third party from whom you received the application license, e.g., the Apple App Store, the Google Play Store (the "App Store"). This Agreement is between you and BodyPark and not with the App Store, and BodyPark, not the App Store, is solely responsible for BodyPark's Services, the content thereof, maintenance, support services, and warranty therefor.

13. Consent to Receive Electronic Communication

By creating an account and providing your email address to us, you expressly consent to receive electronic and other communications from BodyPark, over the short term and periodically, including email communications. These communications may include updates related to your purchases, responses to customer service inquiries, and other relevant information.

In addition, we may send or display information to you regarding BodyPark's Services, upcoming promotions, and other information that may be of interest to you, by using your email address that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send. After you unsubscribe, we will stop sending you promotional emails unless you voluntarily participate in paid promotional activities that require email or SMS communication. However, we may still contact you when necessary to support the Sites, Applications, Products, or Services you have requested.

14. Term and Termination

Term

This Agreement commences on the date when you accept it, or on the date you first used the Services, if earlier, and remains in full force and effect while you use any of the Services, unless terminated earlier in accordance with this Agreement.

Termination

Without limiting any other provision of this Agreement, we reserve the right, in our sole discretion and without notice or liability, to deny the use of BodyPark's Services to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants.

You may delete your Account at any time by contacting our Support Team or from inside our App.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use BodyPark's Services. Upon termination, we may, but have no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of BodyPark's Services. Upon termination, you shall cease any use of BodyPark's Services.

Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Section 2 (Account and Subscription), Section 5 (License and Restrictions), Section 8 (Prohibited Conduct), Section 9 (User Content), Section 10 (Intellectual Property), Section 11 (AI Features), Section 15 (Indemnity), Section 16 (No Warranties; Limitation of Liability), Section 17 (Safety Warnings), Section 18 (Arbitration Clause), Section 19 (Product and Software Update Policy), and Section 20 (General Provisions).

15. Indemnity

Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless us from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to:

• The relationship between you and us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory;
• Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement;
• Your access to or use of BodyPark's Services or Products;
• Your provision to us of information or other data;
• Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation;
• Your violations of Section 8 regarding prohibited uses of BodyPark's Services and other prohibited conduct; or
• Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

We have the right, but not the obligation, to participate through counsel of our choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless us. You may not settle any Claim without the prior written consent of the concerned BodyPark.

16. No Warranties; Limitation of Liability

No Warranties

We, on behalf of ourselves and our licensors and suppliers, expressly disclaim any and all warranties, express or implied, regarding BodyPark's Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice.

Neither we nor our licensors or suppliers warrant that BodyPark's Services will meet your requirements, or that the operation of BodyPark's Services will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of BodyPark's Services pursuant to this Agreement.

Your Responsibility for Loss or Damage; Backup of Data

You agree that your use of BodyPark's Services is at your sole risk. You will not hold us or our licensors and suppliers responsible for any loss or damage that results from your access to and/or use of BodyPark's Services, including without limitation any loss or damage to any of your computers, mobile devices, or data. BodyPark's Services may contain bugs, errors, problems, or other limitations.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall we, our affiliates, directors, employees, agents, licensors or suppliers be liable to you or any other party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, loss of goodwill, loss of use, loss of data, service interruption, computer damage, system failure, inability to use the Services or other intangible losses or procurement of substitute goods or services, arising out of or in connection with this Agreement or the Services.

You understand and agree that to the fullest extent permitted by applicable law, the liability of BodyPark (and its affiliates, officers, directors, employees, contractors and agents) to you or any other party arising out of or in connection with this Agreement or BodyPark's Services will not exceed, for all claims, the greater of (a) the total amount actually paid by you to BodyPark over the twelve (12) months preceding the date your first claim arose, and (b) five hundred dollars ($500).

For claims arising solely out of the Limited Warranty for the Product and not related to the general use of the Services, the liability cap shall be the purchase price of the Product as set forth in the Limited Warranty.

Nothing in this Agreement shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law. If you live in a jurisdiction that does not allow certain exclusions or limitations of liability, certain of the above exclusions or limitations may not apply to you.

17. Safety Warnings

Professional Advice Disclaimer

BodyPark's Services offer health and fitness information and are designed for educational and entertainment purposes only. You should consult a doctor or other qualified health care professional before starting, changing, or stopping any fitness program or regimen. You should not rely on information or training programs available in or via the Services as a substitute for professional medical advice, diagnosis, or treatment.

The Services are continually under development, and BodyPark makes no warranty of any kind, implied or express, as to their accuracy, completeness, or appropriateness for any purpose. No assurance can be given that the advice contained in the Services will always include the most recent findings or developments with respect to the particular material.

Medical Disclaimer

In using the Services, you affirm that either your physician has approved your use of the Services or that all of the following statements are true: (i) you are not over 65 years old; (ii) you are not pregnant, breastfeeding, or lactating; (iii) no physician has ever informed you that you have a heart condition, chronic disease, or that you should only do physical activities recommended by a physician; (iv) you have never felt chest pain when engaging in physical activity; (v) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (vi) you have never lost your balance because of dizziness, and you have never lost consciousness as a result of exertion; (vii) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (viii) your physician is not currently prescribing drugs for your blood pressure or heart condition; (ix) you do not have a history of high blood pressure; and (x) you do not know of any other reason you should not exercise.

You are responsible for providing accurate information and disclosing any health or medical issues.

No Advice

All plans, workouts, routines, and exercises provided by BodyPark are illustrative only and serve only as a form of guidance to what should be done and should not be regarded as final or unequivocal recommendations. Although the AI Coach can learn more about the user, it is not aware of the user's limitations, executions, difficulties, pains, injuries, or any health condition. BodyPark is not responsible for any accidents, injuries, or any other damage that may occur to your health when using and performing the workouts BodyPark ATOM suggests, or following its suggestions.

You acknowledge that the final decision of which exercises you need to do, how many sets, repetitions, weight, duration, and how to properly do them, is always yours. So do not overdo it when exercising. If you feel any kind of pain, weakness, dizziness, exhaustion, or get short of breath, stop exercising immediately.

18. Arbitration Clause

This Agreement and your relationship with us are governed by the applicable law in your region, without reference to conflict of laws.

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the interpretation, breach, termination, or validity hereof, shall first be subject to resolution through consultation between the parties to such dispute, controversy, or claim. Such consultation shall begin within seven (7) days after one party has delivered to one or more parties a written request for such consultation. If, within thirty (30) days following the commencement of such consultation, the dispute cannot be resolved, the dispute shall be submitted to arbitration by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The law of this arbitration clause shall be the applicable law of this agreement. The seat of arbitration shall be in Hong Kong. The arbitration proceedings shall be conducted in either Chinese or English, subject to the selection of the arbitrator.

For EU consumers, any dispute arising from this Agreement shall be subject to the non-exclusive jurisdiction of the courts of your country of residence. Nothing in this clause shall affect your rights as a consumer to rely on the mandatory consumer protection laws of your habitual residence.

19. Product and Software Update Policy

We are committed to providing you with secure, compliant, efficient, and convenient services. To ensure your product operates securely, reliably, and remains equipped with the latest features, we will provide regular or irregular firmware and software updates (collectively, "Updates"). By using the device, you agree to receive and install these updates under the terms outlined below.

Automatic Updates

Most updates will be automatically downloaded and installed to enhance performance, address bugs, and apply critical security patches. Depending on your product or system settings, these updates may occur without prior notice and will run in the background to minimize disruption to your experience. Importantly, this process does not involve the collection or processing of any personal data and does not infringe upon your privacy rights.

User-Initiated Updates

For major updates that introduce significant new features, you will receive a notification along with installation instructions. You can choose whether to install these updates. If you opt for automatic installation via your settings, you may be reminded that the update will be installed at a scheduled time. However, you still have the option to decline the installation. Please note that declining the update may prevent you from accessing the latest features or optimizing your experience.

Mandatory Updates

In critical situations—such as addressing severe security vulnerabilities, complying with legal requirements, or ensuring compatibility with our service architecture—we reserve the right to issue mandatory Updates for both the Product and the App. These essential updates may install automatically, or require immediate installation before further use, and you will not be permitted to opt out. If you fail to install such an update, certain product functionalities or access to the App may be limited or suspended to maintain the security and integrity of our service.

Acceptance of Updates

By continuing to use the Product or the App after an update has been installed, you accept the update and any accompanying changes.

20. General Provisions

Interpretation; Severability; Waiver; Remedies

Headings are for convenience only and will not be used to construe the terms of this Agreement. If any clause of this Agreement is found invalid or unenforceable by any court or arbitrator of competent jurisdiction, that clause will be severed from this Agreement to the extent of such invalidity or unenforceability, and the remainder of this Agreement shall remain in full force and effect. No failure or delay by BodyPark in exercising or enforcing any right, provision, or remedy hereunder will constitute a waiver thereof.

Successors; Assignment; No Third Party Beneficiaries; Independent Contractors

This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign, delegate, or transfer this Agreement without BodyPark's prior written consent. BodyPark may assign its rights and/or obligations hereunder at any time in its sole discretion without notice to you. You and BodyPark are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices

All notices required or permitted to be given under this Agreement must be in writing. We shall give notice by email sent to the most recent email address provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current. You shall give any notice to us by submitting said notice to us at cs@bodypark.fit.

Force Majeure

BodyPark shall not be liable for any delay or failure to perform or comply with its obligations under this Agreement resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, pandemics, epidemics, or governmental orders.

Questions, Complaints, Claims

If you have any questions, complaints, or claims with respect to the Services, please contact us at: cs@bodypark.fit. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

If you are a resident of California, USA, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them, in writing, at 400 R Street, Sacramento, CA 95814, USA, or by telephone at (800) 952-5210.

Entire Agreement

The Agreement incorporates the Terms of Service document, any Supplemental Terms, and the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Services from time to time:

• Privacy Policy
• Shipping and Returns Policy

If there is a conflict between any policies or procedures posted on the Services and the terms of this Terms of Service document or the legal documents listed above, the terms of this Terms of Service document will control and take precedence, followed by the legal documents listed above in the order listed. This Agreement represents the entire understanding and agreement between BodyPark and you with respect to the subject matter hereof and supersedes all prior agreements, arrangements, and understandings regarding the same.

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