PLEASE READ THESE TERMS CAREFULLY.
The Styku Product-Specific Terms are intended to highlight some of the important things about purchasing and using our different Products and Services. The Product-Specific Terms form part of the Styku Customer Terms of Service and are hereby incorporated therein.
If you are using any of the Products or Services described below, the Terms corresponding to those product(s) apply to your use. We periodically update this page by posting a revised copy at https://www.styku.com/product-specific-terms, so please check back here for current information.
Styku Equipment
Styku Software
Styku Care
Styku Global Care
Styku Mobile Applications
Healthpass by Styku
Styku Lab Tests and Telehealth Services
Styku Developer API
Equipment purchases not made through a Styku sales agent, including used Styku Equipment purchased from 3rd party resellers or private parties, are subject to fees imposed by Styku in order to access the Service and operate the Equipment. These fees cover both securing the previous owner's account and data, and creating new account licensing and permissions for the new owner, as well as onboarding, training and after-sales agent access, and the costs associated with these services.
Styku warrants to the original purchaser (unless otherwise provided in an Order or a Styku Distributor Agreement) that Styku Equipment that is manufactured by or for Styku will be free of defects from manufacturing errors or faulty materials for a period of one (1) year from the date Styku first delivers such Equipment (the “Warranty Period”). Subject to the Terms, if you notify Styku within the Warranty Period that any Equipment fails due to manufacturing defects in workmanship or materials, Styku will, upon its confirmation of such defects, as its sole and exclusive liability, and your sole and exclusive remedy, for breach of this limited warranty, repair any defective Equipment (or any part thereof), or, at Styku’s election, replace the defective Equipment (or any part thereof) free of charge.
As a condition to the foregoing, in the event you believe that Equipment has breached the Limited Equipment Warranty above, you must contact Styku’s customer service department through your Styku business portal within 30 days of discovering such defect and: (a) provide a description of the Equipment, the alleged defect, and any other information or documentation as Styku may reasonably request to enable Styku to determine how to service or repair the affected Equipment, and (b) make the affected Equipment available for inspection by Styku or its authorized service representative and reasonably assist Styku or its authorized service representative in conducting the inspection.
In the event Styku determines that the Equipment (or any part thereof) needs to be repaired or replaced, you must return the defective parts or Equipment, as applicable, within 14 days of Styku’s issuance of a return merchandise authorization. If the defect occurs during the Warranty Period for the affected Equipment, then Styku shall pay for all shipping and labor charges associated with the service and repair, or replacement, of the defective parts or Equipment. Repair or replacement of any parts or Equipment will not extend the Warranty Period.
Customers outside of the continental United States may have the requirement to return defective parts waived, at Styku's sole discretion.
Accounts that are not in good standing with Styku, and are delinquent in subscription fees, leasing payments, installment payments or other recurring charges for more than 30 days will be denied service. Once the balance is cleared and good standing is restored, service will be provided.
Styku may, at its discretion, offer to repair or replace damaged or failed Equipment (or any part thereof) that are discovered after the applicable Warranty Period has passed, or that are otherwise not covered by the Limited Warranty provided in these Terms, or any extended warranty coverage. If Styku agrees to do so, then you will be responsible for payment of all shipping, labor, parts and other costs associated with such service, including the following:
Flat fee of $295 for Styku to diagnose or troubleshoot the issue, ship the affected Hardware Product (or part thereof) to Styku or its service location and back to you, and for Styku to attempt to repair the defective Hardware Product (or part thereof). If Styku is unable to repair the defective Hardware Product (or part thereof), Styku will provide you a credit of $95, applicable towards purchases of any replacement part, as set forth below. Shipping within the United States of America is included in this flat fee. International shipments, duties and taxes are not included.
If Styku determines that a part is unable to be repaired, you may purchase a replacement part from Styku, if available. The price for replacement parts are as follows:
Turntable / Rotating Platform: $950.00
Sensor Tower: $950.00
Laptop Computer: $750.00
Tablet: $500.00
Mat: $300.00
All-in-One Computer: $900.00
Sensor or Turntable Cables: $45.00
Sensor: $450.00
V5/V6 Travel Kit $350.00
Styku may offer extended Equipment warranty coverage for an additional fee.
The Limited Warranty set forth in this section does not cover or apply to: (a) damage caused by misuse, mishandling or abuse; (b) use not in accordance with the applicable documentation or Styku’s written instructions, (c) accidental damage, (d) loss or damage due to theft, (c) normal wear and tear (including, without limitation, cables, power and USB ports, turntable lids and tower paint); (d) damage that occurred in transit to the purchaser or you (as applicable), (e) modified or customized Equipment.
The limited warranty and all extended warranties are non-transferable. Styku is not responsible for any warranties or guarantees other than those expressly provided for in this document (including any warranties or guarantees provided in a Styku Distributor Agreement).
Support of the Equipment is provided through your Styku business portal. Styku may require you to demonstrate that you are current with any and all payment obligations before providing technical support.
“License Key” means a unique combination of characters which allows the Software to be activated and/or installed.
“Permitted Hardware” means certain Styku-approved hardware on which you may install and use the Software.
Styku grants to you a personal, nonexclusive non-sub-licenable, non-transferable license: (i) to use the License Key to activate the Software pre-installed on Equipment; (ii) subject to purchase of additional License Key(s), install or have installed one copy of the Software on a single Equipment; and (iii) use the documentation accompanying the Software in connection with permitted uses of the Software.
Styku agrees to provide to you those License Keys which are reasonably necessary to permit you to gain access to the Software locally-installed on the Equipment or such downloadable Software that has been properly licensed to you pursuant to this Agreement. You shall not disclose the License Keys to any third party. You must follow the recommended download, activation and installation procedures for each Software product licensed under this Agreement. Your failure to follow the recommended download, activation and installation procedures is a breach of this Agreement. You are responsible for obtaining the data network access necessary to use the Software (and any Equipment or Services necessary to use the Software, as applicable).
If Styku determines that a License Key has been used with unauthorized or unlicensed copies of the Software, Styku reserves the right to prohibit use of that Software Key and require You to demonstrate that You properly obtained your copy of the Software. You have purchased a subscription to use the Software for a fixed period after activation (the “Subscription Period”). The Software may be deactivated automatically upon expiration of the Subscription Period, and the Software may cease to function in some or all respects and You may lose access to data made with or stored using the Software. You will need to purchase a new subscription license to activate the Software for a new Subscription Period. You acknowledge that deactivating the Software is a key feature of the license rights and responsibilities conveyed under this EULA.
YOU MAY NOT RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS Agreement. You may not remove or destroy any copyright notices or other proprietary markings. You may not modify or adapt the Software, merge the Software into another program, or create derivative works based on the Software. You may not use, copy, or distribute the Software without Styku’s authorization. You may use, copy, and distribute the user documentation provided by Styku within your private organization solely to support your authorized use of the Software, but You are not authorized to publicly display or transmit the documentation or use the documentation for any other purpose. You must not permit any third party to use the Software or permit any third party to benefit from the use or functionality of the Software or any Services via a timesharing, service bureau, or other arrangement. You must use reasonable efforts to prevent improper or unauthorized use of the Software.
This Agreement will be effective upon activation of the Software and will terminate upon the earlier of: (a) expiration of the Subscription Period, or (b) your failure to comply with any term of this Agreement. Styku’s rights and your obligations will survive the termination of this Agreement. Upon termination of this Agreement, You may not use the Software and, if requested by Styku, You will certify in writing to Styku that all copies of the Software have either been returned to Styku or otherwise destroyed or deleted from any of your Permitted Hardware and storage devices . You are not eligible for any refund or other compensation if this Agreement is terminated before the end of the Subscription Period. Those Terms which by their nature are intended to survive, shall survive termination of this Agreement.
The Software may use content that is updated from time to time (“Updates”). Styku may provide Updates for the Software at its sole discretion. You have the right to obtain such Updates during the Subscription Period by downloading the Updates over the Internet, and you are solely responsible for obtaining access to the Internet and the related charges. Styku reserves the right to designate specified Updates as requiring purchase of a separate subscription at any time and without notice to you.
The Software may contain or be distributed with software covered by an open source software license (“Open Source Software”) or covered by a license from a third party (“Third-Party Software”). If Open Source Software or Third-Party Software is included in or distributed with the Software, information concerning the inclusion of the Open Source Software and Third Party Software, if any, and the notices, license terms, and disclaimers applicable to that software is contained in the user documentation for the Software. You must review the licenses within such documentation to understand your rights under them. The Open Source Software and Third Party Software is provided AS IS, WITHOUT WARRANTY OF ANY KIND.
Styku warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of sixty (60) days from the date of shipment of such Software to You (“Warranty Period”). If during the Warranty Period the Software does not meet Styku’s Limited Software Warranty, Styku will (a) return the price paid for the Software, or (b) repair or replace such Software, at Styku’s option, as your sole remedy for any breach of warranty hereunder. This limited warranty will be void if the failure resulted from any accident, abuse, misuse, or misapplication by you. Replacement copies will be warranted for the remainder of the original Warranty Period. You assume full responsibility for: (i) the selection of the Software; (ii) the proper download, installation, activation and use of the Software; (iii) verifying the results obtained from the use of the Software; and (iv) taking appropriate measures to prevent loss of data. Styku does not warrant that the quality or performance of the Software will meet your requirements or that you will be able to achieve any particular results from use of the Software or that the Software will operate free from error.
STYKU AND ITS LICENSORS PROVIDE THE SOFTWARE AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STYKU, ITS RESELLERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
Support of this Software is provided through your Styku business portal. Styku may require you to demonstrate that you have a valid subscription for the Software before providing technical support. Styku is not obligated to correct errors in the Software or correct the effects of errors in the Software (e.g., recover lost data).
Styku Care is a warranty extension that covers the hardware components of the Styku Equipment, available to customers in the United States, Canada, and Mexico.
Styku Care may be purchased by the owner of Styku Equipment for an annual fee, provided the purchase date is less than four (4) years from the date of purchase of the Equipment. Styku Care may also be available as an add-on, or included with a Service, for a recurring monthly fee, at the point of sale of Equipment or a Service. Customers who have purchased used Styku Equipment from another Styku customer, and are purchasing a Service (for example, a subscription to use the Styku software), may be offered a one-time option to purchase Styku Care as an add-on with a recurring monthly fee, provided the Styku Equipment is still within the one (1) year Limited Warranty Term of the original Equipment purchase.
Styku Care extends the Warranty Term for the Equipment. If Styku Care is included in your subscription or sold as an add-on, the Term Length is equal to the Subscription Term of the Service, for as long as the account is in good standing. For Styku Care purchased at the point of service, or after the point of purchase of Equipment, the Term Length is equal to one (1) year from the time the annual fee is paid, and is automatically renewed annually unless canceled.
Styku Care includes free of charge warranty service, as outlined in the Styku Equipment Terms, for all Styku hardware components including the scanning tower, sensor, cables, computer, turntable and travel kit. Service includes free repair or replacement of the damaged parts/products, and free shipping, including any duties, taxes or customs clearance costs of replacement parts, if required.
Styku will replace or repair hardware components damaged accidentally for customers subscribed to Styku Care. All other exclusions to the Limited Warranty as noted in the Styku Equipment Terms.
Styku may offer to cross-ship a loaner part, free of cost, if repairs are required, to ensure continued operation of the scanner. (North America only). This service is contingent on a loaner part being available, and is offered at Styku's sole discretion.
Styku Global Care is a warranty extension offered to customers outside of North America.
Styku Global Care may be purchased by the owner of Styku Equipment for an annual fee, provided the original purchase date is less than four (4) years from the date of purchase of the Equipment. Styku Global Care may also be available as an add-on, or included with, a Service Subscription, for a recurring monthly fee, at the point of sale of Styku Equipment or Services.
Customers who have purchased used Styku Equipment from another Styku customer, and are purchasing a Service Subscription, may have a one-time option to purchase Styku Global Care as an add-on with a recurring monthly fee, provided the Equipment is still within the one (1) year Limited Warranty Term of the original Equipment purchase.
Styku Global Care extends the Warranty Term for the Equipment. If Styku Global Care is included in your subscription or sold as an add-on, the Term Length is equal to the Subscription Term of the Service Subscription, for as long as the account is in good standing. For Styku Global Care purchased at the point of service, or after the point of purchase of the Styku scanner hardware, the Term Length is equal to one (1) year from the time the annual fee is paid, and is automatically renewed annually unless canceled.
Styku Global Care includes free of charge warranty service, as described in the Styku Equipment Terms, for all Styku hardware components including the scanning tower, sensor, cables, computer, turntable and travel kit. Service includes free replacement of the damaged parts/products, and free shipping, including any duties, taxes or customs clearance costs of replacement parts.
Repair Services and Loaner parts are not offered via Styku Global Care.
Styku will replace hardware components damaged accidentally for customers subscribed to Styku Global Care. All other exclusions to the Limited Warranty as noted in the Styku Equipment Terms still apply.
The Services may contain links to third-party websites, applications and advertisements for third parties (collectively, the “Third-Party Services”). When you click on a link to a Third-Party Service, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of such Third-Party Service. Such Third-Party Services are not under the control of Styku. Styku is not responsible for any Third-Party Services.
Styku provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Service, or any product or service provided in connection therewith.
You use all links in and to Third-Party Services at your own risk. When you leave our Services, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You acknowledge and agree that the availability of the Application and the Services are dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”).
You acknowledge that the Agreement is between you and Styku and not with the App Store. Styku, not the App Store, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.
You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application.
You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
The Healthpass by Styku platform enables consumers to reserve, schedule, purchase, access and attend a range of Offerings offered and operated by fitness studios, gyms, trainers, health facilities, lifestyle businesses, venues or other third parties (collectively, "Venues"). Styku itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the Offerings that are offered at or through such facilities.
There are a number of ways to participate in Offerings such as various subscription plans, promotional plans, digital Offerings, and non-subscription purchases. These options consist of different Offerings, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain Offerings, content or features for a cost or at no cost. Styku makes no commitment on the quantity, availability, type or frequency at which such Offerings, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
To enjoy full access to the Site and Offerings, you may sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan): each billing cycle is one month in length (a "Subscription Cycle"). Your Healthpass by Styku subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is canceled or terminated. For example, if you purchase your Healthpass by Styku subscription on April 5, your subscription will automatically renew on May 5th (as further explained below). You must provide us with a current, valid, accepted method of payment to which any applicable fees will be charged ("Payment Method"). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.
Depending on the Trial, purchase or subscription plan you choose, you may be allotted credits for scans that you may use to book reservations for Offerings in each Trial, purchase or Subscription Cycle. These scan credits (‘Scans’) can only be used for the limited purpose of booking eligible Offerings through the Site or App. Scans have no cash value or any other value outside of the Site, are not transferable or refundable, and are not redeemable for cash. You may not sell, transfer, trade, gift or otherwise exchange Scans. Scans will be automatically deducted from the number of Scans you have remaining in your account when a Styku 3D Body Scan is performed. Scans are deducted from your account in the event in which the Offering takes place, not the event in which you purchased the Scans, or reserved the Offering. You can see in your Healthpass by Styku account the status of your purchase or subscription, including how many Scans you have left. If your subscription or Styku account is canceled or terminated, your unused Scans will expire immediately. There will be no refund or payment for any unused amount.
The exact number and type of Offerings you can attend during any Subscription Cycle will vary and is determined based on a variety of factors, including but not limited to Venue requirements, time of day, equipment, facilities, the number of times you’ve visited a Venue in the cycle, location, pricing, popularity and other characteristics. As such, the availability of a particular Offering or service may change at any time or vary day to day depending on the factors described here. Styku also reserves the right to change the number of Scans you receive, including per cycle, plan, geography or otherwise; the number of reservations you can make; and/or the number of Offerings you can miss or cancel.
Styku does not guarantee the availability of particular Venues, locations, Offerings, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle), nor does Healthpass by Styku make guarantees regarding reservations or reservation processing time. Availability may be more limited in certain locations and during Trials or promotions. The type, quantity, allocation and availability of Venues, Offerings, and other inventory offered, are determined by Healthpass by Styku in its sole discretion. Healthpass by Styku takes certain steps to release, promote and otherwise make available Offerings at varying times and in an ongoing and evolving way. User experience, such as content, inventory, Styku 3D Body scans, and reservations, may differ from user to user and by user at any time based on a variety of factors such as individual usage of the platform and participation in Offerings. For example, certain reservation patterns such as frequent cancels might result in additional processing time of certain future reservations or restricted inventory access.
Healthpass by Styku may permit you to purchase certain products or Offerings through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
Your Styku account is personal to you and you agree not to create more than one account. You cannot transfer or gift Offerings or credits to third parties or allow third parties to use your Styku account, including other Styku users unless Styku explicitly communicates otherwise in a specific case. You must not use or exploit the Site and/or Offerings for commercial purposes. We continually update and test various aspects of the Healthpass by Styku platform. We reserve the right to, and by using the Site and/or Offerings you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Styku may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to Styku at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download the App to use some or all of Healthpass by Styku features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Offerings.
The availability of all or part of our Site and/or Offerings may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Healthpass by Styku or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Site and/or Offerings and/or purchase a Healthpass by Styku subscription. You further understand that the Site and/or Offerings may not be available in every geography.
THESE TERMS ARE ONLY APPLICABLE TO USERS IN THE U.S. OR THE COUNTRY FOR WHICH A REGIONAL AMENDMENT IS AVAILABLE AT THE END OF THESE TERMS. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY STYKU. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE U.S., AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
By providing your information or creating an account, you agree that Styku may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Styku account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.
If you have express permission from Healthpass by Styku to open or use an account on behalf of a company, entity, or organization (a "Subscribing Organization"), then you represent and warrant that you are an authorized representative of such organization with the authority to bind it to these Terms; and agree to be bound by these Terms on its behalf.
Unless Styku specifically communicates otherwise for a particular Offering, you are not permitted to make reservations on behalf of anyone but yourself or invite or bring anyone to your reservation. You are responsible and liable for your own acts and omissions and anyone for whom you make a reservation or bring to a reservation (including if the guest arrives separately). For example, this means: (i) you are responsible for leaving all facilities you visit in the condition they were in when you arrived and paying for any damage you or your guests cause, and (ii) you must act with integrity, treat others with respect, and comply with all applicable laws at all times. If Styku authorizes you to book for a guest who is a minor or bring a minor to a reservation, you must be legally authorized to act on behalf of the minor, and you are solely responsible for supervising the minor.
Styku makes no representations or guarantees that any purchase you make through Healthpass by Styku will be reimbursable through your insurance or otherwise and has no obligation to facilitate any such reimbursement. You are solely responsible for ensuring that you and your purchases or uses qualify for any applicable reimbursements.
In addition to fees we charge, Venues may also charge equipment or other amenity fees that you will be responsible for directly. Further, Healthpass by Styku only gives you access to the Offering for which you signed up on the Site (and at the specified time and location). The Venue may have additional fees for use of additional Offerings or spaces.
Users agree to abide by all Venue rules and regulations and acknowledge that Styku is not responsible for the actions of third-party Venues. Users are solely responsible for their conduct and any damage caused at third-party locations.
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
Styku reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The Site provides certain features which enable you and other users to submit, post, share and search for content and information, which may include (without limitation) text, graphic and pictorial works, profile information, information about reserved or attended Offerings, friend connections or any other information submitted by you and other users or arising from your use of the Site or App (“User Submissions”). User Submissions also include reviews, ratings and other feedback (“Reviews”). We strongly recommend that you think carefully about what you upload to, share with or make accessible to the Site. Styku does not guarantee any anonymity or confidentiality with respect to any User Submissions. For information on how we use your personal information, please see our Privacy Policy.
You understand and agree that Reviews may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Healthpass by Styku’ platform), including any Venue, may read or have access to your Reviews. Healthpass by Styku is not responsible for the use or disclosure of any information that you disclose in connection with Reviews, including any personal information. Reviews are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Styku. You understand that all Reviews are the sole responsibility of the person from whom such Review originated. This means that you, and not Healthpass by Styku, are entirely responsible for all Reviews that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Styku makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Styku will remove User Submissions upon receipt of a compliant takedown notice. Healthpass by Styku may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Healthpass by Styku determines in its sole discretion to violate the standards of this Site. Healthpass by Styku takes no responsibility and assumes no liability for any User Submissions.
You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Healthpass by Styku, you hereby grant Healthpass by Styku Releasees, sublicensees, partners, and designees (collectively, the "Healthpass by Styku Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Healthpass by Styku Licensees’ businesses, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
YOU UNDERSTAND THAT STYKU IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO, WELLNESS STUDIO, FOOD OR BEVERAGE ESTABLISHMENT, MOVIE THEATER, ENTERTAINMENT VENUE, VENUE OFFERING OTHER EXPERIENCES, OR SIMILAR ESTABLISHMENT AND THE OFFERINGS ARE OPERATED AND DELIVERED BY THE APPLICABLE VENUE AND NOT BY STYKU. STYKU IS NOT RESPONSIBLE FOR THE QUALITY OF ANY OFFERING PROVIDED BY A VENUE OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE OFFERING OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR OFFERINGS ARE RIGHT FOR YOU. YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND PARTICIPATING IN SERVICES AT THE TYPES OF VENUES MENTIONED ABOVE AND THAT THE OFFERINGS YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING HEALTHPASS BY STYKU (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING AN OFFERING), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING STYKU (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING AN OFFERING) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE OFFERINGS IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND OTHER INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR AN OFFERING IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR AN OFFERING AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR AN OFFERING. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH STYKU IS SOLELY AT YOUR OWN RISK.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND STYKU MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR AN OFFERING WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS STYKU RELEASEES FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY OFFERING) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE, AND/OR SUCH PARTICIPATION OR USE BY ANYONE ON WHOSE BEHALF YOU MADE A RESERVATION OR INVITED TO OR BROUGHT TO AN OFFERING.
Members booking Offerings are deemed to agree to the liability waivers and terms of individual Venues. Your participation in any Offering may be subject to additional policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend Offerings or services if you do not comply with these Terms or the policies of the Venues or as otherwise determined by a Venue. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
By purchasing and activating/using one or more of the various Lab Tests ("Lab Tests") offered by Styku through an agreement with Adept Labs dba Vital ("Vital"), you acknowledge and agree that at-home health care offerings and Lab Tests are subject to the HIPAA Authorization agreement that you can find at https://www.styku.com/vital-hipaa-authorization.
Lab Tests include, but are not limited to, the following products:
Styku may include or remove products under the Lab Tests general term at any time, and without notice to you.
Additionally, you agree to be bound by the Telehealth Consent Form, located at https://www.styku.com/telehealth-consent-form. Any use of, or purchase of, products using Telehealth services or communication methods are subject to the Telehealth Consent Form.
By using Styku’s API (“API”), you are agreeing to the following Styku Developer Terms (“Developer Terms”). When you develop using the API, you agree to be bound by these terms.
“Content” means any data or content accessed via the Developer Tools.
“Customer” means the authorized actual user of the Styku Products or Services.
“Customer Data” means any data that a customer submits or collects via any Styku Products or Services (see our Terms of Service for more information).
“Developer Account” means a Styku Developer Account.
“Developer Credentials” means any passwords, keys, tokens, or other access credentials that allow you to access the Developer Tools or Content.
“Styku Account” has the same meaning as in our Terms of Service.
“Styku Platform” means all Styku products and services.
“Solution” means your software application, website, website asset, product, service, software module, template, connected service, integration, and/or anything you create using the API.
“We", "us", “our”, or “Styku” means Styku, LLC
“You” and “your” means the party, other than Styku, agreeing to these Developer Terms and using the API.
When signing up for the API, you may be required to submit information about yourself. You must keep this information accurate and up to date at all times. Any information you provide will be subject to our Privacy Policy. We may use the information you provide to us to contact you about our relevant content, products, services, and information about or changes to the API. You may unsubscribe from these communications at any time.
When using our API you must comply with the technical documentation, usage guidelines, call volume limits, and other documentation maintained at the Developer Site or otherwise made available(together, the “Developer Documentation”) available at https://www.styku.com/api. In the event of any conflict between the Developer Documentation and these Developer Terms, these Developer Terms shall control.
Subject to these Developer Terms, we grant you a non-exclusive, non-transferable, revocable right, non-sublicensable license, to access, and use the API. We do not acquire ownership in your Solution, and by using the API, you do not acquire ownership of any rights in the API, Customer Data, our trademarks, our products and services, or the Content. You may only access those APIs for which we provide documentation at https://www.styku.com/api.
You must comply with all applicable laws (including laws regarding the import or export of data or software, privacy, and local regulations). Your Solution should also require your users and customers to comply with applicable laws and regulations.
We may set and enforce limits on the API at our choosing, and may change the limits at any time. We will do our best to inform you prior to making changes to these limits, however, we may not always be able to do so.
You will not attempt to bypass the limitations documented in the API Documentation.
You will not engage in any deceptive, misleading, illegal or unethical activities, or activities that otherwise may be detrimental to the API, us, our Customers, or the public.
You will not collect, store, or share Styku Account passwords. You will not copy, reformat, reverse-engineer, or otherwise modify the Developer Tools or any Styku product or service.
Your Solution must not recreate a core functionality of, or replace, any Styku product or service in such a way as to cause us or our Customers, Partners, or Affiliates reputational or financial damage. However both you and us are permitted to independently develop, sell, and market products and services that are similar to or otherwise compete with such party’s products and services.
You must not cache or store any Content or Customer Data other than for reasonable and lawful periods in order to provide your Solution.
You must not aggregate retrieved Content with third-party content in such a way that Content cannot be attributed to us.
You must obtain express permission from each Customer before You access their Styku Accounts or Customer Data. You agree only to retrieve or access Customer Data to the extent authorized and consented to by the Customer. You will ensure that all Customer Data is collected, processed, transmitted, maintained and used in accordance with: (i) your agreement(s) with the Customer, including a legally adequate privacy policy which covers what information you collect and how it will be used, stored, processed, protected, (ii)appropriate contextual notices to and consents from end users, and (iii) all laws and regulations. You must also obtain express permission from each Customer before you share their data with any third parties.
Content and Customer Data accessible through the API may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner or are otherwise permitted by law. To the extent that you submit any content via the API, you give us a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use that content for the purpose of providing the API.
You will always use and have in place, appropriate administrative, physical, and technical safeguards that (a) meet or exceed industry standards with respect to the sensitivity of the data You are accessing or providing; (b) are compliant with applicable laws and regulations (including data security and privacy laws and regulations), and (c) are designed to prevent unauthorized access, use, processing, storage, destruction, loss, alteration, disclosure of personal data and Customer Data. You will keep all Developer Credentials that we issue to you confidential and not make them publicly available or disclose them to third-parties. You will work with us to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruders. If your Solution or systems experience a security deficiency or intrusion, You will coordinate with us on any public statements (e.g. press, blog posts, social media, etc.) before publishing them.
If a Customer ends their relationship with you or requests You to delete their data, you must promptly delete all their Content and Customer Data, including all tokens, in accordance with applicable law.
You must immediately delete all Content and Customer Data if we terminate your use of the API for breach of our Platform Policy, except when doing so would cause you to violate any law, your agreements with a Customer, or an obligation imposed by a governmental authority.
You agree that we may monitor your use of the API to ensure quality, security, improve our products and services, and verify your compliance with the Platform Policy and these Terms. You agree to assist us with this monitoring by providing us with information about your Solution, data security and protection practices, and storage of Content, which may also include access to your Solution and other materials related to your use of the API. If You do not demonstrate full compliance with these Terms, we may restrict or terminate your access to the API or Developer Account with or without notice to you.
We reserve the right to do any of the following with or without notice:
If we determine that your use of the API or Developer Credentials is against the interests of us or our Customers, we reserve the right to deactivate any Developer Credentials You have obtained from them, block your IP address, or otherwise prevent your use or access of the API.
