1. Definitions

“BodyStats” refers to BodyStats Healthcare Solutions inc., operating as BodyStats, with locations at 316 Carrall Street, Vancouver, BC (Gastown), a self-serve location in Yaletown, Vancouver, and 100 Western Battery Road, Toronto, ON (Liberty Village).

“Services” includes all BodyStats health assessment services — DEXA body composition scans, VO₂ max testing, resting metabolic rate (RMR) testing, 3D body scanning, and any advisory services — as well as the BodyStats website and all content, tools, and materials provided through it.

“Personal Information” is any information that can identify you, alone or in combination with other data. BodyStats collects the following types:

• Registration Information — information provided when registering or purchasing Services (e.g., name, email, address, user ID, password, and payment details).
• Health Information — data collected during your assessments, including body composition metrics from DEXA scans (lean mass, fat mass, visceral fat, bone density, T-scores, Z-scores), VO₂ max results, resting metabolic rate, and other health measurements.
• Self-Reported Information — information you voluntarily provide, such as health conditions, ethnicity, family history, fitness goals, and other data entered into BodyStats forms or surveys.
• User Content — any information, text, images, or other material you submit through BodyStats’ Services.
• Web Behavior Information — data on how you use our website (e.g., browser type, page views, session data) collected via log files, cookies, and analytics tools.
• Aggregated Health Information — anonymized Health and Self-Reported Information combined with data from other users to support research and quality improvement, with individual identification risk minimized.
• R&D — research and development activities performed by BodyStats using aggregated user data, including service improvement, new product development, quality control, and data analysis that may involve commercial partners.

2. Acceptance of terms

By accessing or using BodyStats’ Services — including booking a DEXA scan, VO₂ max test, RMR test, 3D body scan, or any other assessment, creating an account, or visiting our website — you agree to these Terms of Service (“TOS”). You accept these terms by clicking to agree where that option is presented, or simply by using the Services. Additional guidelines may apply to specific Services and are incorporated into these TOS by reference.

3. Prerequisites

You may not use the Services if you are not legally old enough to enter a binding contract in your jurisdiction, or if applicable law prohibits your use of the Services.

If your use involves providing Health Information (i.e., participating in DEXA scans, VO₂ max testing, RMR testing, 3D scanning, or similar assessments), you must be at least 18 years old, or have a parent or legal guardian agree to these TOS on your behalf.

If you are creating a BodyStats account without participating in any health assessments, you must be at least 13 years old. Users under 18 who participate in health assessments must provide a signed parental or guardian consent form before testing.

4. Description of services

BodyStats provides precision health assessment services including DEXA body composition scanning, VO₂ max testing, resting metabolic rate (RMR) testing, 3D body scanning and printing, and related advisory services such as nutrition coaching. Services are available at our Vancouver locations (Gastown at 316 Carrall Street, and a self-serve kiosk in Yaletown) and our Toronto location (Liberty Village, 100 Western Battery Road).

All Services are provided “as-is” based on the technology in use at the time of purchase. BodyStats is continuously improving its platform and may change, add, or remove features or Services at any time without prior notice. You may stop using the Services at any time without notifying BodyStats, unless you are requesting account closure.

To use web-based features of our Services, you are responsible for providing your own internet connection, device, and any associated costs.

5. Risks and considerations

Please read this section carefully before using BodyStats’ Services.

Results are irrevocable. Once you receive your Health Information, that knowledge cannot be undone. Your results may include findings that are unexpected, unwelcome, or emotionally significant.

Assessments may contain errors. BodyStats performs daily calibration and maintenance on all equipment, but we cannot guarantee error-free results in all circumstances. Factors such as movement during scanning may affect accuracy.

Physical discomfort is possible. If you are prone to claustrophobia, have back pain, or have limited mobility, you may experience discomfort during certain assessments. Please contact us before your appointment if you have concerns.

DEXA scans involve low-level radiation. DEXA (dual-energy X-ray absorptiometry) scanning exposes the body to a very small amount of X-ray radiation — significantly lower than a standard chest X-ray. BodyStats has researched and verified the safety of its scanning equipment. However, you may wish to discuss radiation exposure with your physician, particularly if you are pregnant or have concerns.

Do not make health decisions based solely on BodyStats results. BodyStats provides health data for informational and educational purposes. Our results are not a substitute for medical advice and may not account for injuries, conditions, or other individual factors you have not disclosed. Always consult a qualified healthcare provider before making changes to your health, fitness, or nutrition based on your results.

Sharing your Health Information carries risks. Information you share with healthcare providers may become part of your medical record and accessible to insurers. Information shared with family, employers, or others may be used in ways you do not intend. If you are asked by an insurer whether you have received health assessments and you do not disclose this, it may be considered fraud.

BodyStats is not a medical provider. Our Services are for research, informational, and educational purposes only. We do not diagnose, treat, cure, or prevent any disease or medical condition.

Licensing varies by jurisdiction. BodyStats is licensed in the jurisdictions where we operate. Not all jurisdictions require licensure for health and fitness assessment services. We do not offer Services in jurisdictions where required licenses have not been obtained.

6. User representations

By using BodyStats Services, you confirm that:

• You understand that BodyStats’ Health Information is for informational and educational purposes only, and is not intended to diagnose, prevent, or treat any medical condition.
• You are 18 or older (or 13 or older with adult consent) as applicable to your use of the Services.
• You understand that your results may provoke strong emotional responses.
• You take full responsibility for any consequences arising from sharing your Health Information or Self-Reported Information with others.
• You understand your Personal Information will be stored in BodyStats’ databases and processed in accordance with our Privacy Statement.
• You understand that by providing Health Information or Self-Reported Information, you acquire no rights in any research or commercial products developed by BodyStats or its partners, and you will not receive compensation for any such products.

Breach of any representation gives BodyStats the right to suspend or terminate your account and refuse future use of the Services. You agree to indemnify BodyStats against any liability, costs, or damages arising from such breach.

7. Accounts and security

When creating an account, you agree to provide accurate, current, and complete Registration Information, and to keep it updated. Providing false or misleading information may result in account suspension or termination.

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. If you allow third parties to access your account, you take full responsibility for their use. You agree to notify BodyStats immediately at support@bodystats.ca if you become aware of unauthorized access to your account. BodyStats is not liable for losses resulting from your failure to protect your account credentials.

8. Privacy statement

Your use of BodyStats Services is also governed by our Privacy Statement, which is incorporated into these TOS by reference. By using any Services or creating an account, you agree to our Privacy Statement.

BodyStats will never release your individual-level Health Information or Self-Reported Information to any third party without your explicit consent, unless required by law. We may disclose Personal Information to law enforcement or other authorities where required by legal process, to enforce these TOS, to respond to third-party claims, or to protect the safety of BodyStats, its users, or the public. Where permitted by law, we will notify you before making such disclosures.

Aggregated, anonymized data may be referenced in BodyStats publications, shared with research partners, or used for commercial purposes, consistent with our Privacy Statement.

9. Limited license

All Services content — including text, graphics, scan methodology, and reports — is protected by copyright and owned by BodyStats or its licensors. You may not modify, sell, redistribute, or create derivative works from this content without express written permission.

BodyStats grants you a limited, non-exclusive, non-commercial license to copy and distribute Services content, provided you: (i) reproduce the content without alteration; (ii) include the attribution “© BodyStats Inc. All rights reserved; distributed pursuant to a Limited License from BodyStats” on all distributed materials; and (iii) do not grant any further rights to others. This license does not apply to individual Health Information belonging to other users, or to content otherwise marked as excluded.

10. Customer conduct

You agree to use BodyStats Services only for lawful purposes and in accordance with these TOS. You must not use the Services to:

• Post or transmit derogatory, defamatory, obscene, or harassing content.
• Impersonate any person or entity, including BodyStats staff.
• Attempt to identify other BodyStats customers using any information received through the Services.
• Upload or transmit content that infringes any intellectual property or other rights.
• Transmit spam, unsolicited advertising, or malicious software.
• Scrape, crawl, or systematically extract data from the BodyStats website without express permission.
• Attempt to bypass, disable, or interfere with security features of the Services.
• Engage in any activity that would violate applicable local, provincial, national, or international law.
• Harm or exploit minors in any way.

Violation of this section may result in account suspension or termination. You agree to indemnify BodyStats against any liability arising from your breach of these terms.

11. Material posted via services

BodyStats does not control User Content posted through the Services and does not guarantee its accuracy, quality, or integrity. BodyStats reserves the right to review, filter, remove, or refuse any content that violates these TOS or is otherwise deemed objectionable, at its sole discretion. BodyStats is not liable for any User Content or for any loss or damage resulting from your exposure to or reliance on User Content.

12. Your proprietary rights

You retain ownership of User Content you create and submit to BodyStats. However, by submitting content, you grant BodyStats a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, adapt, modify, publish, distribute, and create derivative works from your User Content in connection with providing and improving the Services.

Individual-level Health Information and Self-Reported Information will not be disclosed to third parties without your explicit consent. You are responsible for any further distribution of Health Information you choose to share publicly. You should not expect financial compensation from BodyStats arising from the use of your Health Information, including its inclusion in aggregated datasets shared with research or commercial partners.

By providing Health or Self-Reported Information, you acquire no rights in any research or commercial products developed by BodyStats or its collaborating partners.

13. Indemnity

You agree to defend, indemnify, and hold harmless BodyStats, BodyStats Healthcare Solutions inc., and their subsidiaries, affiliates, officers, employees, contractors, successors, and assigns from any claim, demand, or liability (including reasonable legal fees) arising from: your User Content; your use of the Services; your violation of these TOS; or your violation of any third party’s rights.

If you have obtained Health Information through BodyStats Services, you further agree to hold BodyStats harmless from any liability arising from your use, disclosure, or reliance on that Health Information, including any information shared with third parties — whether intentionally or inadvertently.

14. No resale of services

Unless otherwise agreed in writing with BodyStats, you may not sell, resell, license, sublicense, reproduce, redistribute, or commercially exploit any part of the Services or access to the Services.

15. Use and storage practices

BodyStats may establish limits on data retention, storage, and access frequency at any time. BodyStats is not liable for the loss of Personal Information due to server failure, data corruption, or other unforeseen events. These limits may change at BodyStats’ discretion.

16. Modifications to services

BodyStats may modify, suspend, or discontinue any part of the Services at any time, with or without notice. This includes features, pricing structures, assessment methodologies, and technology platforms used to deliver Services. BodyStats is not liable for any such changes. Your initial purchase does not entitle you to future features or technologies without additional fees.

17. Termination

You may terminate your relationship with BodyStats at any time by writing to us at support@bodystats.ca or via certified mail to the address below. BodyStats will confirm your request via email before processing account closure.

BodyStats may terminate your account at any time if: you breach these TOS; we are required to do so by law; we discontinue Services in your jurisdiction; or continuing to provide Services to you is no longer commercially viable. Suspected fraudulent or illegal activity may be referred to law enforcement. BodyStats is not liable to you or any third party for account termination.

18. Survival of terms

Termination of these TOS does not affect any rights, obligations, or liabilities that have accrued. The following sections survive termination indefinitely: Definitions; Acceptance of Terms; Prerequisites; Description of Services; Risks and Considerations; User Representations; Account Security; Privacy Statement; Limited License; Customer Conduct; Material Posted via Services; Your Proprietary Rights; Indemnity; No Resale; Termination; Survival; Information Providers; Hyperlinks; BodyStats Proprietary Rights; Disclaimer of Warranties; Limitation of Liability; Notice; Violations; and Miscellaneous.

19. Information providers and listed resources

Any dealings you have with third-party information providers or resources found through the Services — including purchases, promotions, or other transactions — are solely between you and that third party. BodyStats is not responsible for any loss or damage resulting from such dealings.

20. Hyperlinks

The Services may include links to external websites. BodyStats does not control, endorse, or take responsibility for the content, availability, or practices of any linked sites. Reliance on linked external content is at your own risk.

21. BodyStats proprietary rights

All intellectual property in the Services — including software, scan methodology, reports, content, and branding — is owned by BodyStats Healthcare Solutions inc., operating as BodyStats, or its licensors. The BodyStats name, logo, and all associated trademarks, service marks, domain names, and brand features (“BodyStats Marks”) are proprietary. You may not use any BodyStats Marks without prior written permission. You agree not to remove or obscure any proprietary notices in or on the Services.

22. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BODYSTATS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BODYSTATS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE IN ALL RESPECTS. NO ORAL OR WRITTEN INFORMATION FROM BODYSTATS CREATES ANY WARRANTY NOT STATED IN THESE TOS. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

23. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BODYSTATS (AND BodyStats Healthcare Solutions inc.) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY ACTIONS TAKEN BASED ON YOUR HEALTH INFORMATION, UNAUTHORIZED ACCESS TO YOUR ACCOUNT, OR ANY THIRD-PARTY CONDUCT ON THE SERVICES.

24. Notice

Notices to you under these TOS may be sent via email or Canadian mail to the contact information you provided at registration. Notices from you to BodyStats must be sent via certified Canadian mail to:

BodyStats accepts service of process at this address. Notices not complying with this section have no legal effect. You may also contact us at support@bodystats.ca for general inquiries and account matters.

25. Changes to terms

BodyStats may update these TOS at any time. Updated terms will be posted at bodystats.ca. Your continued use of the Services after changes are posted constitutes acceptance of the updated TOS.

26. Violations

Suspected or confirmed violations of these TOS may result in immediate account suspension or termination and refusal of future access to the Services.

27. Miscellaneous

Entire agreement. These TOS constitute the entire agreement between you and BodyStats regarding use of the Services and supersede all prior agreements on this subject. Additional terms may apply when you use third-party services or software.

Governing law. Except for intellectual property disputes, all disputes arising from these TOS are governed by the laws of British Columbia, Canada, without regard to conflict of law principles. Disputes shall be resolved by final and binding arbitration under the Canadian Arbitration Association in Vancouver, BC, in English. Arbitration costs and documented legal fees shall be borne by the losing party. Either party may seek injunctive relief in any court of competent jurisdiction.

Waiver. BodyStats’ failure to enforce any right under these TOS does not constitute a waiver of that right. If any provision is found invalid by a court, the remaining provisions remain in effect.

Time limit for claims. Any claim or cause of action arising from your use of the Services must be filed within one (1) year of the date it arose, or it is forever barred.

Severability. If any portion of these TOS is found unenforceable, the rest remains in full force.

Assignment. You may not assign any rights or obligations under these TOS. BodyStats may freely assign all rights and obligations, with or without notice to you.

Amendments. BodyStats reserves the right to modify these TOS at any time by posting updates at bodystats.ca or notifying you directly. If you do not agree to amended terms, you may terminate your account per Section 17.

Please also refer to our Privacy Statement and No Refund Policy for additional terms applicable to your use of BodyStats Services. Questions? Contact us at support@bodystats.ca.