Terms of Service


Last Modified: June 14, 2025

Welcome to DexaFit. These Terms of Service ("Terms") govern your use of DexaFit's platforms and services. By accessing or using any of DexaFit's websites, mobile applications (including DexaFit AI and Operator apps), digital reports, or software services (collectively, the "Platforms"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platforms.

These Terms apply to DexaFit, Inc. and any of its current or future subsidiaries and affiliates (collectively referred to herein as "DexaFit"). DexaFit may update or modify these Terms at any time, and such changes will be effective upon posting. Continued use of the Platforms constitutes acceptance of the revised Terms.

1. Privacy and Data Use

Your data is handled as described in our Privacy Policy. By using our services, you grant DexaFit the right to use de-identified, aggregated, or anonymized data for product development, algorithm training, research, service enhancement, and internal analytics. DexaFit may also use this data to improve user experience, support clinical studies, develop future commercial products, create research technologies, and develop products or technologies that may be licensed to third parties - all in de-identified form only, without any link to individual user identities.

Important: Personally identifiable information will never be sold, shared, or disclosed to third parties without your explicit consent, except as required by law or as described in our Privacy Policy. Only de-identified data that cannot be traced back to you individually may be used for the commercial and research purposes described above.

2. Emergency Services Disclaimer

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL "911" IMMEDIATELY.

DexaFit's Platforms and services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Platforms. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow-up care when recommended by a healthcare provider or when otherwise needed.

3. General Wellness Disclaimer

DexaFit provides tools, reports, and software-based interpretations intended for general wellness and educational purposes. DexaFit is not a healthcare provider and does not offer medical advice, diagnosis, or treatment. Information from the Platforms should not be relied upon for medical decision-making. Always consult with a licensed healthcare provider regarding your health or before making any medical decisions based on data from DexaFit services.

4. Use of Third-Party Licensed Operators

DexaFit, Inc. is an independent technology and wellness insights company. DexaFit licenses its software, branding, analytics, and support to third-party businesses and operators ("Licensed Operators"). These Licensed Operators may offer services such as DEXA body composition scans, VO2 Max testing, and Resting Metabolic Rate (RMR) assessments as part of their own independent operations.

Licensed Operators are independent entities and are not owned, operated, controlled, or supervised by DexaFit. Each Licensed Operator is solely responsible for its own business operations, staff, equipment, customer service, regulatory compliance, quality assurance practices, and privacy policies. DexaFit is not responsible for and expressly disclaims any liability for the acts, omissions, performance, service quality, legal compliance, or data handling practices of these independent operators. Any issues, disputes, or liability relating to services rendered by these independent facilities must be addressed directly with the respective operator.

5. Source of Metrics

All underlying physiological data (e.g., body composition, VO2 Max, RMR) are generated by third-party diagnostic devices such as those from Hologic, GE Healthcare, COSMED, MGC Diagnostics, KORR, and others. DexaFit disclaims all responsibility for the accuracy, reliability, or calibration of such measurements, which are subject to the quality control and settings of each Licensed Operator's equipment.

6. Eligibility and Accounts

You must be at least 18 years old to create an account or use the Platforms. If you are under 18, please do not attempt to register or provide any personal information. You are responsible for maintaining confidentiality of your login credentials and for all activities that occur under your account. DexaFit reserves the right to suspend or terminate accounts for any breach of these Terms or misuse of the Platforms.

7. Electronic Communications and Consent to Contact

When you use the Platforms or provide your contact information, you consent to receive communications from us electronically, including emails, text messages, and phone calls. By providing your phone number, you agree to be contacted by or on behalf of DexaFit at the number provided for informational, service-related (e.g., appointment reminders, progress tracking), and marketing communications.

You can opt-out of receiving calls or text messages by emailing support@dexafit.com with the subject line 'OPT OUT' and your phone number, or by managing your communication preferences in your account settings. Note that withdrawing consent may limit access to certain Platform features and services. You cannot opt out of essential service-related communications.

8. No Medical or Diagnostic Services

Use of DexaFit's Platforms does not establish a provider-patient relationship. DexaFit services are not intended to diagnose or treat any health condition. All interpretations and reports provided are for informational and educational purposes only.

9. Platform Modifications and Availability

We reserve the right to modify, suspend, or discontinue any aspect of the Platforms, services, or features at any time without notice. DexaFit is not liable for any loss resulting from such changes or interruptions. Some features may be experimental or in beta testing phases.

10. Intellectual Property

All content, technology, reports, and designs within the Platforms are the property of DexaFit or its licensors. You are granted a limited, personal, non-transferable license to access the Platforms for personal wellness use only. You may not copy, resell, distribute, or modify any part of the content without prior written permission from DexaFit.

11. Prohibited Activities

You agree not to:

  • Use the Platforms for any unlawful or fraudulent purpose;

  • Reproduce, distribute, reverse engineer, or exploit any part of the Platforms;

  • Use bots, scrapers, or other automated tools to extract or access data;

  • Interfere with or disrupt the functionality of the Platforms;

  • Violate or attempt to violate security measures;

  • Access data not intended for you or log onto unauthorized accounts;

  • Use false identities or misrepresent your affiliation;

  • Transmit viruses, malware, or other harmful code;

  • Engage in spamming or unsolicited communications to other users;

  • Attempt to circumvent any access restrictions or payment requirements;

  • Use the Platforms in any way that could harm DexaFit's reputation or operations.

12. Payments, Billing, and Refunds

All purchases made through DexaFit are governed by the following refund policy:

  • Within 7 days: Full refund to original payment method (processing fees may apply);

  • Days 8–30: Store credit valid for online DexaFit purchases (excluding services at Licensed Operator locations);

  • After 30 days: No refunds or credits.

For subscription services with auto-renewal, you will be charged automatically unless you cancel before the renewal date. You can manage your subscription settings in your account or by contacting customer service. You are responsible for keeping your payment information current.

To initiate a refund or credit request, email billing@dexafit.com with proof of purchase within the applicable timeframe.

13. Telehealth Services

Some DexaFit services may integrate or facilitate access to independent third-party telehealth providers. DexaFit does not provide medical care and is not liable for any services delivered by telehealth or clinical partners. Use of such services is governed by the provider's own terms, policies, and informed consent agreements.

14. AI and Experimental Features

DexaFit Platforms may include AI-generated insights, predictive analytics, or experimental wellness features. These features are provided on a non-diagnostic basis and are intended solely for educational or self-optimization purposes. Users agree to use these features with the understanding that they do not replace clinical testing or medical judgment. AI recommendations may not be suitable for all individuals and should be considered in consultation with healthcare professionals. Beta or experimental features may have limited functionality or reliability.

15. Cookies and Tracking

Our Platforms use cookies and similar tracking technologies to enhance functionality, analyze usage, and provide personalized experiences. By using our Platforms, you consent to our use of these technologies as described in our Privacy Policy. You can manage cookie preferences through your browser settings, though this may affect Platform functionality.

16. Force Majeure

DexaFit will not be liable for any failure to perform or delay in performance due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, network failures, cyber attacks, or other unforeseeable circumstances.

17. Indemnification

You agree to indemnify and hold DexaFit, its officers, employees, subsidiaries, affiliates, licensors, and agents harmless from any claims, damages, liabilities, or expenses (including reasonable attorneys' fees) arising out of your violation of these Terms, misuse of the Platforms, violation of any law or regulation, or any reliance on third-party services or Licensed Operators.

18. Limitation of Liability

To the maximum extent permitted by law, DexaFit shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data, profits, business interruption, or personal injury, arising out of your use of the Platforms or any services offered by third-party Licensed Operators. DexaFit's aggregate liability for all claims shall not exceed $500, regardless of the theory of liability.

19. Dispute Resolution and Arbitration

These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles.

Arbitration Agreement: You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platforms shall be resolved by binding arbitration instead of in courts. You and DexaFit are each waiving the right to a trial by jury or to participate in a class action.

Notice Requirement: Before filing for arbitration, the disputing party must send written notice to the other party describing the nature and basis of the claim and the specific relief sought. Notice to DexaFit should be sent to: DexaFit, Inc., 3601 Minnesota Drive, Suite 515, Edina, MN 55435.

Arbitration Process: If no resolution is reached within 30 days after notice, arbitration may commence under American Arbitration Association Commercial Arbitration Rules. Each party is responsible for their own costs and attorneys' fees, except where prohibited by law or where the arbitrator awards fees to the prevailing party.

Individual Capacity: You agree that claims may only be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

20. Data Breach Notification

In the unlikely event of a data breach affecting your personal information, we will notify affected users in accordance with applicable laws and our Privacy Policy, typically within 60 days of discovery.

21. Severability

If any part of these Terms is deemed invalid or unenforceable, the remainder shall remain in full force and effect. Invalid provisions will be replaced with valid provisions that most closely approximate the original intent.

22. Assignment

You may not assign or transfer these Terms or your account without DexaFit's prior written consent. DexaFit may freely assign these Terms in connection with a merger, acquisition, or sale of assets.

23. Updates to Terms

DexaFit reserves the right to revise these Terms at any time. Material changes will be posted on the Platforms with at least 30 days' notice for significant changes, and continued use after such changes constitutes your acceptance of those changes. For non-material changes, posting constitutes sufficient notice.

24. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you enter into with DexaFit, constitute the entire agreement between you and DexaFit regarding your use of the Platforms.

25. Contact Information

DexaFit, Inc.
3601 Minnesota Drive, Suite 515
Edina, MN 55435

Email: support@dexafit.com
Website: https://dexafit.com
Billing: billing@dexafit.com
Privacy: privacy@dexafit.com

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