Last Updated: March 13, 2018
If you have any questions about our privacy practices, please contact us at firstname.lastname@example.org.
Information through the Service
When you use our Service we may collect and/or calculate weight, body fat percentage, body volume, height, and various circumferences. Through our Service we collect certain other information, which may include Personal Information, in order to improve our product. This includes information on your pose so we can anticipate errors, or data about the environment in which you use the device, like lighting conditions in the room where your device is located. The information we collect when you use the Naked Platform includes details that you provide and information that is gathered or derived through your body scan, including but not limited to the aforementioned metrics.
Information Collected Using Cookies and other Web Technologies
Like many online service owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.
“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Information Related to Your Use of the Services
Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.
Information Sent by Your Mobile Device
We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.
When you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.
Provide, Improve, and Develop Services
Any information collected is used to support and improve the Naked Platform. Using the information we collect, we are able to deliver the Services, improve them, and research and develop new ones. For example, we use the information to provide you with the Services you request; understand how you and other Users interact with the Services; track usage and error trends; provide customer support; troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.
Communicate with You about the Service or to promote related Services
Any information you provide to us may be used for us to communicate with you. We may use information that you provide to us to send you various notifications, text messages, alerts, emails, and other electronic communications related to the Services, our business, or related services. We may also periodically send you free newsletters and e-mails that directly promote our Services and related services. Please be aware that if you provide us with a cell phone number that you acknowledge we may send you text messages.
We use the information we collect to personalize the Services and show you more relevant content that is tailored to you. Some examples include:
Promote Safety and Security
We use the information we collect to promote the safety and security of the Services, our Users, and other parties. For example, we may use the information to authenticate Users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We may derive and infer additional data from any information that you provide to us. Examples of derivative information we generate include: fitness and diet trends in the population, body shape and metrics trends in the population, etc.
Anonymized and De-Identified Information
We may aggregate and/or anonymize all information that we collect from you, including Personal Information. This may be done for various purposes, including to improve our products, develop new features, serve our partners, provide useful data to marketing/design/research firms that we partner with, and for other business development purposes.
We will not share or sell any Personal Information to third parties for their use without your consent except as described below:
Information Shared with Our Services Providers
We may engage third-party services providers to work with us to administer and provide the Services. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose. One such third party service we rely on is a third party authorized to process credit card payments on our behalf.
Information Shared with Third Parties for Research and Analysis
We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling, general marketing and market segmentation, and other similar purposes.
Information Shared with Other Users
If you provide any Personal Information to us for posting in areas of our Service that may be publically viewed (e.g., blogs or messaging features), your Personal Information will be available to third parties who use our Service. Please be cautious when using the public features of our Service.
Information Shared with Individuals You Direct
Through our Service you may have the option to share your Personal Information with third parties. If you use this functionality in the Naked Platform, you consent to the transfer of your Personal Information to the individual(s) that you identify.
Anonymized and De-identified Information
We may sell aggregated and de-identified data displaying trends related to our user population to our partners.
Information Disclosed in Connection with Business Transactions
Information that we collect from our Users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
We offer you choices regarding the collection, use and sharing of your Personal Information, and we will respect the choices you make. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Services.
Alerts and Communications
Modifying Your Information
Through your active Account you will have the ability to modify and delete certain Personal Information that we have collected from you. Users will always have the ability to delete scans through their Account. Information and Personal Information deleted by you will not be recoverable. Information (including Personal Information) in inactive or suspended accounts will not be deleted unless specifically requested. If your account is no longer active, you may request to have your Account including the Personal Information contained within it deleted by contacting us at email@example.com. A request to delete information will be performed within 30 days after we receive the request.
Some Personal Information contained within business records may remain in archived/backup copies for our records or as otherwise required by law. Please be aware that any anonymized data that we have created based on your information will not be subject to deletion, this includes body metrics, body volume and body fat percentage, and any other derivative data that are de-coupled from your Personal Information and your likeness as represented by your body scan.
Our Services and Product are intended for use by individuals eighteen (18) years of age and older. Individuals seventeen (17) years of age and younger may only use our Products and Services with parent permission which may be obtained by contacting firstname.lastname@example.org.
Children’s Online Privacy Protection Act
Our Service is not directed to children under the age of 13, if you are not 13 years or older, do not use our Service without parental consent. We do not knowingly collect Personal Information from children under the age of 13. If we learn that Personal Information of persons less than 13 years-of-age has been collected through our Service without parent consent, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted or otherwise communicated Personal Information to our Service without your consent, then you may alert us at email@example.com so that we may take appropriate action to remove the minor’s Personal Information from our systems.
In accordance with California law, individuals under the age of 18 residing in California may remove or request and obtain removal of content and information that they post on a website or app. In order to remove or to request and obtain removal of such content and information, the user must email firstname.lastname@example.org. Users should be aware that removal of the content and information posted by an individual under the age of 18 does not ensure complete or comprehensive removal of the content or information posted on our Service. Furthermore, under certain circumstances, Naked Labs may not have to comply with the above removal requirements. Naked Labs also reserves the right, to the extent permitted by law, to anonymize the posted content or information or to make such content or information invisible to other users and the public instead of removing or deleting the content or information.
Your California Privacy Rights
California residents may request and obtain from us, once a year, free of charge, a list of third parties, if any, to which we disclosed their Personal Information for direct marketing purposes during the preceding calendar year and the categories of Personal Information shared with those third parties. If you are a California resident and wish to obtain that information, please submit your request by sending us an email at email@example.com with “California Privacy Rights” in the subject line.
Responding to Do Not Track Signals
Our sites do not have the capability to respond to “Do Not Track” signals received from various web browsers.
The Security of Your Information
We utilize current technology to transport and store information we collect including the use of Cloud technology. We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your Personal Information) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL encryption or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Links to Other Sites
By emailing the Privacy Department: firstname.lastname@example.org
By mail post:
Redwood City, CA 94063
Last Updated: March 13, 2018
Any software installed in our Products or offered with our Products is licensed to you, not sold. You may only use this software for its normal, intended use with our Products and in accordance with the Software License section below. When we say “sell” and “purchase” in these Terms, we mean “sell” and “purchase” only with respect to the non-software elements of the Product. These Terms apply whether or not they are included with the Products sold hereunder.
BY USING THE OUR PRODUCTS AND SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SITES AND/OR THE SERVICES. WE DO NOT ACCEPT ANY CHANGES TO OR REJECTION OF THESE TERMS THAT YOU MAY COMMUNICATE TO US IN ANY FORM AND ALL SUCH CHANGES SHALL BE NULL AND OF NO EFFECT.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO PURCHASE AND USE OUR PRODUCTS OR SERVICES. By purchasing or ordering the Product, you represent and warrant that: (i) you are 18 years of age or older; (ii) any Order information you submit to Naked Labs is truthful and accurate; (iii) you will maintain the accuracy of such information; and (iv) your use of the Product or our Services does not violate any applicable law or regulation. Naked Labs may refuse a sale of a Product or access to its Services to anyone at any time, in its sole discretion for any or no reason. Additionally, you cannot access or use the Naked Platform if you are barred from receiving services under applicable law or have previously been suspended or removed from the Naked Platform.
Parents and/or legal guardians of minors looking to learn information about the consent process for your minor, please contact email@example.com.
Full use of the Naked Platform requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password in the event that you do not use the Single Sign-On (SSO) option for account creation. You are responsible for all activity that occurs in association with your account. Naked is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials for either your Naked account or the account linked to your chosen SSO provider. Please contact firstname.lastname@example.org if you discover or suspect any security breach related to the Naked Platform or your account.
You agree not to (1) upload or sync any content with the Naked Platform that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s Naked Labs account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Naked Platform in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Naked Platform, or which may expose us or our users to any harm or liability of any type. We have the right to investigate violations of these Terms and any conduct that affects the Naked Platform, and in response may take any action we may deem appropriate including suspending your Account and access to the Naked Platform.
We are not obligated to monitor access or use of the Naked Platform, Naked Content, or Your Content or to review or edit any Naked Content or Your Content, but we have the right to do so for the purpose of operating the Naked Platform, to administer compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Naked Platform, any Naked Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Naked Content, Your Content, or your use of the Naked Platform is objectionable or in violation of these Terms.
Authorized Connections Only
You may only connect to Naked’s Platform using (i) a device that is manufactured, distributed, or sold by Naked Labs or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”). You may not connect to the Naked Platform with any device that is not manufactured, distributed or sold by Naked Labs itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Naked device) or through a device that otherwise intends to resemble or purports to be a Naked device or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Naked Platform. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact email@example.com.
Your Use of the Naked Platform is at Your Own Risk
Our goal is to provide helpful and accurate information on the Naked Platform, but we make no endorsement, representation, or warranty of any kind about any Naked Content, information, or services. The accuracy of the data collected and presented through the Naked Platform is not intended to match that of medical devices or scientific measurement devices. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Naked Platform. The accuracy of the information received from the Naked Platform may be affected by a number of factors including improper use of the Naked Device.
Use of the Naked Platform should not replace your good judgment and common sense. Please read and comply with all safety notices, and consult a doctor before beginning any diet or fitness regimen. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Naked Platform or decisions you make based on information provided by the Naked Platform. If you engage in any exercise program you receive or learn about through the Naked Platform, you agree that you do so at your own risk and are voluntarily participating in these activities.
Changes to the Naked Platform
We may change or discontinue, temporarily or permanently, any feature or component of the Naked Platform at any time without notice. Naked Labs is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the Naked Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Naked without prior notice to you.
“Naked Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available by us through the Naked Platform. Naked Content, the Naked Platform, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights to the Naked Content including those rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Naked Content or incorporated into the Naked Platform. Our logos and any other Naked Labs trademarks that may appear on the Naked Platform, and the overall look and feel of the Naked Platform, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Naked Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
Sharing your information on or via the Naked Platform
The Naked Platform may enable you to post, upload, store, share, send, or display photos, images, video, data, scans, achievements, comments, and other information and content (“Your Content”) to and via the Naked Platform. You retain all rights to Your Content that you post to the Naked Platform. By making Your Content available on or through the Naked Platform you hereby grant to Naked Labs a perpetual, non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, and analyze your data. The rights you grant to us are only for the limited purpose of offering our Services to you and improving the Naked Platform. Unless you opted to help Naked Labs with further product improvement and development by opting to be a research user with the Naked Platform, your scans are not viewable by any members of Naked Labs without your permission.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content and the use and provision of Your Content on the Naked Platform will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
Naked may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Naked Platform. We further reserve the right to suspend your access to the Naked Platform if you have violated these Terms.
If you want to purchase Products from us, simply click on the BUY NOW button and follow the directions on-screen. Once you place your order, we will email you with an order confirmation (“Order Confirmation”) that indicates that we have accepted your order. We are not bound to sell you any Product until we have accepted and processed your payment. With your Order Confirmation, we will confirm the quantity of Products you purchased, their price, and an estimated shipment date (“Estimated Shipment Date”). Our acceptance of your order is expressly conditioned on your unconditional acceptance of these Terms, even if you communicate with us otherwise. The terms of our Limited Warranty apply to any purchase and are incorporated herein by reference.
Until our Product is generally available, Naked Labs is conducting pre-order sales for our Products whereby Naked Labs takes orders and payment for our Products to be shipped at a future date (“Pre-Orders”). To secure a Pre-Order you will be required to pay a deposit to reserve your Product. At the time you place a Pre-Order, Naked Labs will be able to provide an estimated timeframe for the shipment of the Product or service, but such estimates are not guaranteed and may be revised, extended, or modified by Naked Labs. You will be contacted prior to shipment to supply a correct shipping address for Pre-Order Products and complete your payment in full. Should you decide to cancel a Pre-Order prior to shipment of the Product and receive a refund, you must contact the Naked Labs by contacting our Customer Support Team via our contact form here or by emailing firstname.lastname@example.org.
You may cancel your order any time before your purchased Product ships and, if your payment has already been processed you will receive a full refund. To cancel your Order, please contact our Customer Support Team by via our contact form here or by emailing email@example.com. If you submit your request to cancel after your Product ships, you may return the Product when you receive it, less return shipping costs. To process a return please follow the steps set out in the Returns Section of these Terms.
Shipment and Delivery
We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. You will be responsible for all freight, packing, insurance and other shipping-related costs and expenses, and these will be noted on your order screen before you make your purchase. Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to you.
You understand that all scheduled shipment dates and Estimated Shipment Dates are estimates only. We will make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent. If you purchase multiple Products, we may send you your Products in installments and charge you separately for each installment. We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit. If we are not able to charge your payment method or you fail to pay for your purchase, we have the right to delay or suspend shipment of the Products.
Prices and Taxes
The prices for the Products will be as specified during checkout and in your Order Confirmation. Prices are stated in U.S. dollars.
You agree to pay all fees incurred by Your Account, including applicable taxes, in accordance with these Terms and other billing terms that may be in effect at the time that the fee becomes payable. Naked Labs may add new Products and Services for additional fees, or proactively amend fees for existing Services, at any time in its sole discretion. You represent to Naked Labs that You are an authorized user of the chosen method of payment used to pay all fees You incur.
Our fees only include California Sales Tax where such California Sales Tax is applicable. If the Products are subject to Sales Tax in any jurisdiction other than California and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. You agree to indemnify us for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass to customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Customers may initiate a return of Products purchased from Naked Labs within thirty (30) days after receipt of the Product. To process a return, please follow the steps outlined in this Section. You must obtain a Return Materials Authorization (“RMA”) number from us prior to returning any Products to us. You agree to pack the Product that you are returning carefully and return it to us, freight prepaid, together with the RMA. The returned Product must be in the original package and free of any defect or damage caused by shipping.
You can only make returns to us as follows:
Please do not hand-deliver your product to the address provided. Our locations do not receive visitors.
Limited Product Warranty
Naked Labs offers a Limited Product Warranty on our Products. The terms and conditions for our Limited Product Warranty, which are incorporated into these Terms by reference, can be read here.
You agree to defend, indemnify, and hold Naked Labs, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to your violation of these Terms and your participation in Disclaimed Activities (as defined in our Limited Product Warranty), or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.
SUBJECT TO OUR WARRANTY AND RETURNS PROGRAM, THE PRODUCT AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE PRODUCT AND SERVICES IS AT YOUR OWN RISK, AND IN NO EVENT WILL NAKED LABS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT NAKED LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND NAKED LABS HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL NAKED LABS’ LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO NAKED LABS BY YOU FOR THE PRODUCT AND SERVICES THAT GIVES RISE TO THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Subject to your compliance with these Terms, Naked Labs grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to use the software in the Product and related mobile applications (the “Software”) as part of your use of the Product for your own personal, non-commercial purposes and for no other purposes. You may not (i) copy, modify or create derivative works based on the Software; (ii) distribute, transfer, sublicense, lease, lend or rent the Software to any third party; (iii) reverse engineer, decompile or disassemble the Software; or (iv) make the functionality of the Software available to multiple users through any means. Naked Labs reserves all rights in and to the Software not expressly granted to you under these Terms. All Software is protected by U.S. copyright law and international treaties.
Naked Labs respects the intellectual property rights of others and provides this Copyright Policy to describe Naked Labs’s policy of prohibiting users from uploading, posting, or otherwise transmitting on or to Naked Platform any information or materials that violate another party’s intellectual property rights. This Copyright Policy is incorporated into and part of the Naked Labs Terms and Conditions.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform to the DMCA’s requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office’s web page at www.copyright.gov for details of the current DMCA requirements.
Notification of Alleged Copyright Infringement
If you believe in good faith that materials hosted by Naked Labs infringe your copyright (for example, materials posted by a user through one of our Services), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked.
The written notification must include:
You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice will not be valid.
You must submit any notification of an alleged copyright infringement to Naked Labs’s DMCA Agent by mail or email as set forth below:
Attn: DMCA Agent
Redwood City, CA 94063
Phone: (650) 562-7364
Email: firstname.lastname@example.org with the subject line “Copyright Policy – DMCA Notification”
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
Please note that you may be liable for damages, including court costs and attorney fees, if you materially misrepresent that materials on the Naked Platform are infringing a copyright.
If you believe in good faith that your own copyrighted material has been removed from the websites as a result of a mistake or misidentification, you may submit a written counter notification letter to Naked Labs’s DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
You acknowledge that if you fail to comply with all of the requirements of this Section B, your DMCA counter notification will not be valid.
You may submit your counter notification to Naked Labs’s DMCA Agent by fax, mail, or email as set forth below:
Attn: DMCA Agent
Redwood City, CA 94063
Phone: (650) 562-7364
Email: email@example.com with the subject line “Copyright Policy – DMCA Counter Notification”
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
If a counter notice is received by Naked Labs’s DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that Naked Labs may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Naked Labs or the user, the removed content may be replaced or access to it restored by Naked Labs.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
Please be aware that it is Naked Labs’s policy to terminate the user accounts of repeat infringers. If you believe that a user is a repeat infringer, please follow the requirements above, but also include information or evidence that will reasonably prove to Naked Labs that the user is a repeat infringer.
If you provide false information to Naked Labs regarding any of the above notifications, counter-notifications or repeat infringer notifications, Naked Labs, may immediately terminate your user account and you may be subject to legal and equitable remedies.
You will refrain from posting any information or items to the Sites or through the Services which are copied, in whole or in part, from third party sources without authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials hosted by COMPANY infringe your copyright, You (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
Please see the requirements and specific instructions for submitting a notice to COMPANY in COMPANY’S Copyright Policy. Our Copyright Policy is incorporated into these Terms by reference. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send COMPANY a counter-notice. Please refer to COMPANY’S Copyright Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
Notices and counter-notices with respect to the Sites, including the Services, should be sent to the COMPANY’S DMCA Agent for notice of claims of copyright infringement at: DMCA Agent, 1800 Broadway St, Ste 1, Redwood City, CA 94063 Attn: DMCA Agent, by telephone: (650) 562-7364, or by emailing firstname.lastname@example.org (with the subject line “DMCA Communication”).
COMPANY’S DMCA Agent should be contacted only for the purposes set forth in this Section. ALL OTHER INQUIRIES DIRECTED TO COMPANY’S DMCA AGENT WILL NOT BE ANSWERED.
Choice of Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
For any dispute with Naked Labs, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Naked Labs has not been able to resolve a dispute it has with you after thirty (30) days, you and Naked Labs agree that any dispute, claim or controversy arising out of or relating to these Terms or the use of the Product (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”); and (iii) you retain the right to litigate any Dispute other than an IP Protection Action by providing Naked Labs with written notice of your desire to do so by email or regular mail at our contact information at the bottom of these Terms within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”).
If you do not provide Naked Labs with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Naked Labs with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Naked Labs with an Arbitration Opt-out Notice, you acknowledge and agree that you and Naked Labs are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Naked Labs otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration athttp://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents athttp://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Naked Labs otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Naked Labs submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Naked Labs will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Naked Labs will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes to the Dispute Resolution Clause
If Naked Labs changes this “Dispute Resolution” section after the date on which you placed your order for a Product, you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Naked Labs’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Naked Labs in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Naked Labs and you regarding the purchase and use of the Product and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Naked Labs and you regarding any purchase.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Naked Labs’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Naked Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Naked Labs under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the www.nakedlabs.com. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Naked Labs’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Naked Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Feedback and Recommendations
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Naked, or obtained from sources other than you.
If you have any questions about these Terms, please contact Naked Labs by sending an email to email@example.com.
Last Updated: March 13, 2018
Limited One-Year Warranty
Our Products are warrantied against manufacturing defects for a period of one (1) year from the original date of delivery of the Product to you (“Limited One-Year Warranty”). Our sole obligation under this Limited Warranty in the event of such defects during this period is to repair or replace the defective part or Product with a comparable part or Product; how we replace or repair the Product is at our sole discretion. Replaced or repaired Products will be warrantied for the remainder of the original warranty period or thirty (30) days from the date of delivery of the replaced or repaired Product to you, whichever is longer. Please note that this warranty ONLY applies to orders placed on our website at www.naked.fit, and only to the original purchaser. This Limited One-Year Warranty is not assignable and does not transfer.
You agree to fully read the instructions and guidance we provide and review the Product’s capabilities and constraints before using the Product. Notwithstanding the Limited One-Year Warranty above, you assume all liability and we have no obligation whatsoever to you or anyone else for any of the following (collectively the “Disclaimed Activities”):
Use of the Product for High-Risk Activities (defined below);
All Products that are returned to us become our property. We are not responsible for any content or information stored in any Product you return to us, whether under warranty or not.
You agree to read, and abide by any written instructions shipped with your Product and all safety precautions contained therein. If you do not understand any part of any of these instructions or the functionality of Product, you may view Product details and user instructions at www.nakedlabs.com or contact us at firstname.lastname@example.org.
The Product is not designed or intended for use in any application or hazardous environment that requires fail-safe performance, where the failure or inaccuracy of the Product might result in or cause death or personal injury (“High-Risk Activities”). High-Risk Activities include scanning anything else other than human beings, scanning more than one person at the same time, placing the Product on an uneven surface or using the Product other than for its intended purpose.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY ABOVE. ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ARE DISCLAIMED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NAKED LABS OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST DATA OR REVENUE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You must obtain a Return Materials Authorization (“RMA”) number from us prior to returning any Products to us under this Warranty. You agree to pack the Product that you are returning carefully and return it to us, using the freight prepaid shipping label we will provide, together with the RMA. The returned Product must be in the original package and free of any defect or damage caused by shipping.
If your Product is eligible for repair or replacement under the Limited One-Year Warranty, we will pay the costs for ground shipping both ways. If we reasonably determine that the Product you returned is not defective or you outside the Limited One-Year Warranty, we will contact you and will arrange for reshipment to you at your cost, plus a handling fee equal to $100.00 USD. If you decline to pre-pay such shipping and handling costs, we are under no obligation to return such non-defective Product to you.
Before requesting an RMA, please contact our Customer Experience Team by emailing us at email@example.com. We are often able to solve the problem quickly via email.
You can only make returns to us as follows:
Please do not hand-deliver your product to the address provided. Our locations do not receive visitors.