Privacy Policy

Licensing of Use

              Kaizen hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use a single copy of the App on a single device (or multiple devices if the App is licensed for use on multiple devices), and to use the App on such device strictly in accordance with the terms of this Agreement (and in accordance with any applicable terms of any relevant third party) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

License Restrictions

              The App is licensed, not sold, to you by Kaizen. Kaizen retains all ownership and proprietary rights, including any copyright, patent, trade secret, trademark, and other intellectual property rights, of the App. Furthermore, you acknowledge and agree that the source and object code of the App and the format, directories, queries, algorithms, structure, and organization of the App are the intellectual property and proprietary and confidential information of Kaizen. You agree to refrain from any action that would diminish such rights or would call them into question. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.

You may not, directly or indirectly, in whole or in part:

• Copy or store the App other than for your use as permitted by these terms;
• Attempt, cause, or permit any reverse engineering, decompilation, modification, translation, disassembly of the App;
• Remove or change any content of the App, or attempt to circumvent security or interfere with the proper working of the App;
• Sell, rent, sublicense, distribute, publish, assign or otherwise transfer any rights in the App without Kaizen’s prior written consent;
• Install, use, or permit the App to exist on more devices than intended through the license at any time;
• Modify the App, or create derivative works based upon the App;
• Use the App in any unlawful manner or for any unlawful purpose, violate any applicable laws, rules, or regulations;
• Remove or destroy any copyright notices or other proprietary markings on the App;
• Do anything which adversely affects Kaizen’s right, title, or interest in or to the App;
• Use the App in a way that might damage Kaizen’s name or reputation;
• Otherwise do anything that is not expressly permitted by the terms of this Agreement.
  
  

Access to the App

              The App is intended for use only by persons who are of the legal age of majority in their country, state, province jurisdiction of residence. By using the App, you confirm to Kaizen that you meet this requirement and that, if you are under the age of majority, you have received permission from your parent or legal guardian before using the App.

The App may only be downloaded, accessed, and used on a device owned or controlled by you and running the relevant operating system for which the App was designed. You are responsible for ensuring that you have a compatible device which meets all the necessary technical specifications to enable you to access, install, and use the App.

You will be assumed to have obtained permission from the owner of any device that is controlled but not owned by you to download the App to that device. You accept responsibility, in accordance with this Agreement, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device. Kaizen has the right to restrict access to certain features, functions or content of, or services accessible through, the App.

Termination of Use

              The term of this Agreement and the licenses granted hereunder continues until this Agreement is terminated as set forth herein. Failure to comply with any of the terms, limitations, restrictions, or other requirements described in this Agreement (or other breach of the license herein) will result in automatic termination of this Agreement. Kaizen may terminate this Agreement and the licenses granted hereunder for any or no explanation.

Upon termination of this Agreement, you shall cease using and shall destroy the App and all copies thereof, including any updates or upgrades, and Kaizen reserves the right to demand a written verification of such destruction.

Termination of any license will not affect your obligation to pay for licenses granted or support provided prior to the termination, which amounts shall immediately be payable at the date of termination. In case of violation of the restriction of use, the termination of this Agreement will not affect your obligation to compensate Kaizen for any harm and damages done for actions and results of your breach of the Agreement.

No Provision of Medical Care

              All content Kaizen provides through the App, including information and all other text, graphics, images, and other content, is provided for informational purposes only. Kaizen provides tools and information that are intended to help you participate with your wellness or healthcare professional in the management of your wellbeing and healthcare. You acknowledge being informed that the purpose of the app is to help maintain and encourage a healthy lifestyle, and that the tools and information Kaizen provides are not intended to be or to substitute professional medical advice, treatment, or prevention of any health conditions, and you should not rely on them as such. You should always seek the advice of medical professionals or other qualified healthcare providers if you have questions about the information you receive from the App.

Kaizen is not affiliated with, nor is Kaizen an agent of, your physicians or other health professional and is not liable for any advice given to you by your doctor or other medical advisers or third parties.

How the Information from this App Should be Used

              You should never disregard professional medical advice or delay seeking professional medical advice, diagnosis, or treatment based on anything you read or obtain through the App. You should consult your doctor or other qualified healthcare professional if you have any questions about a medical condition, and before taking any drug, changing your diet, or commencing or discontinuing any course of medical or other healthcare treatment. Do not ignore or delay obtaining professional medical advice because of any information or other content you obtain from the App. You acknowledge that any reliance on the App will be at your own risk.

Accuracy, Completeness, Timeliness

              Kaizen believes the information provided through the App to be accurate at the time it is first posted. However, given the complexity of healthcare conditions and the specific health, history, needs, and circumstances of each individual, Kaizen cannot provide information that covers all possible cases, uses, directions, precautions, treatment interactions, adverse effects, or other matters that may be relevant to you or your particular health condition. The use of any content Kaizen provides is at your own risk.

You acknowledge that Kaizen shall not be liable for your reliance on information obtained through imprecise, incorrect, or incomplete use or interpretation of the App. You further acknowledge that Kaizen has informed you about the limitation of the photogrammetric method of analysis and urged you to seek the advice of medical professionals or other qualified healthcare providers.

Limitation of Liability

              In no event shall Kaizen be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, goodwill, reputation, business interruption, loss of business information, loss of data, or other such pecuniary loss), whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise, even if Kaizen has been advised of the possibility of such damages. Kaizen disclaims any liability for any physical damages, death or bodily injury of any person caused by the use of information provided by the app. Some jurisdictions do not allow the exclusion or limitation of certain types of warranties, damages, or liabilities, so the above exclusion and limitations may not apply to you, but in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Disclaimers of Warranties

              Without limiting the foregoing, you acknowledge that the app is provided “AS IS,” and Kaizen disclaims any and all other warranties, whether express, implied, or statutory including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, title, or non-infringement of third party rights, to the fullest extent authorized by law. Without limiting the generality of the foregoing, Kaizen expressly disclaims all warranties of any kind for the third-party software and does not warrant that the app will meet your requirements or that operation of the app will be uninterrupted, timely, secure, or error-free, that defects or errors in the app will be corrected, or that the app will be compatible with future Kaizen products, or that any information or data stored or transmitted through the app will not be lost, corrupted, or destroyed. You assume responsibility for selecting the app to achieve your intended results and for the results obtained from your use of the app. You shall bear the entire risk as to the quality and the performance of the app. No oral or written information or advice given by Kaizen or Kaizen’s authorized representatives regarding the use and functioning of the app shall create a warranty or other obligations on behalf of Kaizen. Some jurisdictions do not allow the exclusion of or limitation or exclusion of certain types of warranties, damages, or liabilities, so the above exclusion and limitations may not apply to you, but in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Intellectual Property and Copyright Infringement

              Title and ownership of all proprietary rights, including any copyright, patent, trade secret, trademark, or other intellectual property rights, in and to the App (including text, graphics, software, photographs and other images, videos, sound, trademarks, and logos), are and will at all times remain the property of Kaizen and/or respective licensors and are protected under intellectual property laws and international treaties. Nothing in these terms gives you any rights in respect of any intellectual property owned by Kaizen, and you acknowledge that you do not acquire any ownership rights by downloading or using the App or any content from the App.

You agree to indemnify and hold Kaizen and its officers, directors, employees, and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your violation of any laws, regulations or third-party rights or your negligent act, omission or willful misconduct.

Technical Support and Updates

              Kaizen may, but is not obligated to, provide maintenance or other technical support for the App. Kaizen may make changes to the App at any time without notice, including without limitation by disabling certain features or functionalities in the App. Nothing in this Agreement obligates Kaizen to support or provide you with any updates or error corrections to the App.

12. Third-Party Application and Services

              The App may provide use third-party services, websites, applications, software, information, and other content from third-party providers, fully or partially integrated into the App (hereafter called “Third-Party Services”). The App may allow you to add/configure certain Third-Party Services to your device. Kaizen has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.

              You understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Kaizen is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk.

13. Modifications to this Agreement

              Kaizen reserves the right to update or modify the terms of this Agreement at any time, with any such changes to be effective prospectively. Kaizen will announce the change in the App via a hyperlink or other reasonable means. Your continued use of the App after any such modification will constitute your acceptance of such modification. If the modified Agreement is not acceptable to you, your only recourse is to discontinue the use of the App.

Compliance with Laws

              You shall only use the App in a manner that complies with all applicable laws in the jurisdictions in which you use the App.

General Terms

• Feedback: Providing ideas, feedback, suggestions, materials, information, opinions, or any other input to Kaizen (“Feedback”) does not impose an obligation on Kaizen to review, consider, or implement such Feedback. All submissions are non-confidential, and Kaizen has an unconditional and unlimited right to use, reproduce, modify, and disclose Feedback without compensation or attribution.
• Governing Law and Jurisdiction: This Agreement is governed by the laws of France, excluding conflict of law rules and the UN Convention for the International Sale of Goods (CISG). Disputes related to this Agreement fall under the exclusive jurisdiction of the court located within Grenoble, France.
• Severability: If any term or provision of this Agreement is declared void or unenforceable in a particular situation, it does not affect the validity or enforceability of the remaining terms and provisions. The offending term or provision will be interpreted and enforced to the greatest extent legally permissible to effectuate the original intent, or deemed severed if not legally permissible.
• Survival: Articles 4, 8, 9, 10, and 15 of this Agreement survive termination or expiration, regardless of the cause, remaining valid and binding indefinitely.
• Headings: Article headings in this Agreement are for reference purposes only and do not affect the meaning or interpretation.
• No Waiver: Failure by Kaizen or any third-party beneficiary to enforce the Agreement or any provision does not waive the right to do so.
• Indemnification: You agree to indemnify and hold Kaizen harmless from all damages, losses, and expenses arising from your breach of this Agreement, user-generated content, activity on or through the app, violation of laws, regulations, or third-party rights, and negligent act, omission, or willful misconduct.
• Injunctive Relief: Kaizen has the right to seek equitable and legal redress, including injunctive relief, for the breach or threatened breach of this Agreement or Kaizen’s rights in the app.
• Taxes: In addition to license fees, you shall pay all applicable taxes and duties related to the transaction. You agree to reimburse Kaizen for any taxes or duties incurred, and Kaizen may charge such reimbursable taxes to your payment instrument.
• Complete Agreement: This Agreement is the complete agreement between Kaizen and you regarding the app, superseding all prior agreements and representations.
• Transmissions: The app’s features for Internet and Wi-Fi communication are not 100% secure. Transmitting data carries the risk of compromise.
• Privacy: Kaizen may use information collected through the app as outlined in the Privacy Policy, available at https://kaizenposturealignment.com, incorporated by reference into this Agreement.
• No Partnership or Agency: Nothing in this Agreement intends to create a partnership or authorize either party to act as an agent for the other.
• Notices: All notices from you to us must be in writing to the address provided at the end of these terms.
• Contact Information: For more information about the app and other Kaizen products and services, you may contact Kaizen by sending email at [email protected]