Please read all the terms of this user agreement (“Agreement”) carefully before you use the Scale Up app and devices to make sure you understand your rights and obligations in relation to your use of Scale Up. Scale Up includes all hardware and related software, including the Fat Scale firmware, Weight Scale firmware, Android, iOS application and cloud services (“VT Cloud”). All components of Scale Up are developed by us, and the intellectual property rights (including any copyright, patents or trademarks) belong to us.
We always respect and protect the legal rights of all our users in relation to privacy and user information. Rest assured that we do our utmost to prevent your rights from being infringed when you use Scale Up or any of our products.
This Agreement is the final and conclusive agreement between you as the user (including any natural person, legal person or other organisation) and VTrump Technology (Shanghai) Co., Ltd (VTrump). and its affiliates . The terms of this Agreement is legally binding when you use Scale Up, including any updates or modifications it may go through in the future. As stated above, we have set out all rights and obligations, including disclaimers excluding and limiting our obligations in relation to your use of Scale Up. For minors, parents and legal guardians will need to accept the terms of this Agreement on their children’s behalf.
If you are unable to accept all the terms of this Agreement, please do not use Scale Up.
1.1.In relation to your use of Scale Up, you hereby warrant that your use of Scale Up is legal at all times and any registration information you have provided in relation to your Scale Up Account is true and correct. Please note that you may deactivate your Scale Up Account at any time.
1.3.Please keep your log-in information confidential. You accept sole responsibility for your Scale Up Account registration and log-in information. You must inform us immediately of any behaviour in relation to actual or suspected violation of law or unauthorised use of your Scale Up Account. We do not accept liability for any losses incurred as a result of non-compliance with your obligations under this clause.
1.4. You are responsible for all costs relating to the purchase and use of Scale Up, including any fees incurred for Internet or data connections, at all times. Please check the costs of any telecommunications service you may be using for purchase and use of Scale Up for full details.
2.1. In accordance with the terms of this Agreement, we hereby grant you a non-transferrable, non-exclusive license to download, install and use Scale Up, subject to the following conditions:
(a) You may not license, sell, lease, transfer, or distribute Scale Up in any way or use Scale Up for any commercial purpose;
(b)You may not modify, translate, adapt, merge, use, disassemble, improve or reverse engineer any part of Scale Up or any of its part or derivatives;
(c) You may not use Scale Up with an intent to create a similar or competing product or service;
(d) You may not reproduce, copy, distribute, sell, download or display any part of Scale Up in any medium without our prior written consent; and
(e) You may not remove or destroy any copyright notices or other proprietary marks displayed on or contained in Scale Up.
2.2.You acknowledge that all relevant intellectual property rights in relation to Scale Up are owned by VTrump or any authorised persons (if applicable) at all times.
3.1. In this Agreement, “User Content” refers to content you or any user may publish or generate in relation to use of Scale Up, including all information generated as part of Scale Up features.
3.2. As part of Scale Up’s functionalities, you are able to share some of your User Content on social media or other websites if you choose to do so. We may allow some of your User Content to be synced to your VT Cloud Service service. At all times, you are solely responsible for all of your User Content. This means that you bear the risk of your User Content being disclosed to other users or members of the public.
3.3. For all User Content shared by users, we reserve the right to monitor and examine the content based on our sole discretion. We do not bear any obligation to examine or approve of any User Content being generated or published by users. You hereby provide consent that we may delete, modify or move your User Content and reserve the right to do so at any time without prior notice.
3.4. From time to time, you may wish to provide suggestions or feedback to us in relation to Scale Up (“Feedback”). For all such Feedback, you assign all the rights to us and agree that we have the right to use the Feedback and related information in a reasonable way. We will treat the Feedback will be non-confidential and non-proprietary. When you give Feedback, please ensure that you do not provide any information to us you consider to be confidential or proprietary.
4.1. You agree that when using Scale Up and its related services, you will not do the following, and accept sole legal responsibility for any penalty, losses or other consequences if you do:
(a) Violate the applicable laws and regulations, including the constitution;
(b) Spread (or abet in) obscenities, pornography, gambling, violence, terror or any other crime;
(c) Insult or slander others, or otherwise infringe upon the legitimate rights and interests of others;
(d) Threaten and disrupt state security, social order or incite ethnic discrimination; and
(e) Any other action prohibited by law.
4.2. When using Scale Up and its related services, you agree not to engage in the following:
(a) Transmit or share computer viruses, worms, malware, or any software that intentionally destroy or alter computer systems or data;
(b) Disturb or harm our web servers or web connection, including using Scale Up by automated means or place an undue burden on our servers;
(c) Collect information about other users without authorisation, e.g. email addresses;
(d) Attempt to access our server data or communications data without authroisation;
(e) Disrupt, whether partially or totally, other users’ use of Scale Up.
5.1. This Agreement is effective and remains in force from the date of your acceptance during the period you use Scale Up until it is terminated in accordance with this clause. Notwithstanding the foregoing, if you used Scale Up before accepting this Agreement, you agree that the Agreement is effective from the date of your first use.
5.2. We may terminate this Agreement at any time without notification for any reason, including but not limited to when we believe in good faith that you have breached the terms of this Agreement or upon receiving notice from a copyright holder or his legal representative that you have violated the copyright of a third party in relation to your use of Scale Up.
5.3. Upon termination of this Agreement, we may terminate your ability to use Scale Up or use your Scale Up Account. We may delete your User Content from our active database. We do not have any obligation to you as a result of terminating the Agreement in relation to your Scale Up Account or your User Content.
6.1. Your continued use of Scale Up following notice of such amendments constitutes acceptance of the amended terms of the Agreement.
6.2. We reserve the right to modify, retain or terminate any services associated with Scale Up at any time without prior notice. You acknowledge that we shall not bear any liability to you or any third party for the modification or termination of services associated with Scale Up.
7.1. Third Party Services. You acknowledge that our services may be based on technical support from third parties, including but not limited to Apple iPhones and Android systems. Please note that this Agreement governs the rights and obligations solely between you and VTrump.. In your use of Scale Up, you may encounter third party information and services. We do not monitor this and shall not be responsible for information or services provided by third parties, and only provide them for your convenience or to fulfill third party’s requirements. You must bear full risk on access or use of the above and are bound by any terms and policies the third party may impose in relation to such information or services.
7.2. Interaction with other users. You may encounter User Content from other users. We do not control such User Content and shall not be liable for any User Content. We do not have any obligation to check, monitor, examine, approve or guarantee for any User Content and any risks from interaction with other users and their User Content is borne fully by you.
As permitted under law, Scale Up, its officers, directors, employees, agents and business partners shall not have any liability whatsoever and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, whether direct or indirect, for any loss of profit, loss of anticipated savings, loss of business, loss or damage to goodwill or reputation, or any indirect, special, consequential, exemplary, incidental or punitive loss or damages in relation to this Agreement.
VTrump, its affiliates, subsidiaries, officers, directors, employees, agents, re-sellers, distributors, vendors and partners disclaim all warranties, whether express or implied, guarantees, or conditions with respect to your use of Scale Up. You understand that use of Smart Scacle is on an “as is” basis “with all faults” and “as available”. VTrump does not guarantee that your use of Scale Up will be timely, uninterrupted, secure, error-free or that content loss will not occur. VTrump does not represent or guarantee that Scale Up will be free from loss, corruption, attacks, viruses, interference, hacking or other security intrusions and Vtrump disclaims any liability relating to any such security intrusion. Vtrump also disclaims any loss caused to users because of third parties, including but not limited to communication line breakdown, technical problems, network and/or computer breakdown, or other force majeure.
To the extent permitted by law, Vtrump excludes all implied warranties, including fitness for a particular purpose, workmanlike effort, and product of a satisfactory quality. Vtrump may add or remove certain functions, suspend or completely stop providing Scale Up. You hereby understand and consent that VTrump has the right to alter, suspend, or terminate Scale Up. VTrump has no obligation to inform you and is not liable for any damage incurred by any user or any third party, whether direct or indirect.
You bear all risks resulting from your use of Scale Up and disclosure of User Content. VTrump disclaims any liability for any loss or dispute arising from a third party’s access or use of Scale Up with your authorisation.
Any User Content posted by users do not represent or reflect VTrump’s policies or viewpoint. You bear sole and full responsibility for your User Content, including any risks of threat, defamation, sedition, offensive or illegal information or activities, causing others psychological, physical or economic loss, etc.
This is not a medical device and is not intended to replace or provide any form of medical diagnosis. Individuals are required to seek medical guidance from professionals.
You agree to indemnify and hold harmless VTrump, its directors, officers, employees and agents from any claim or demand, including any legal costs, made by third parties arising from your breach of this Agreement, any investigation we may conduct for suspected breach of this Agreement. You agree to help VTrump avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including legal fees) from any third party caused by your actions whilst using Scale Up, your User Content or your breach of this Agreement. We reserve the exclusive right to defend claims in relation to Scale Up, and the exclusive right to claim compensation. In the event that you and VTrump jointly file a lawsuit against a third party, you shall not unilaterally reconcile the claim without written consent from VTrump.
The Scale Up Privacy Policy below is incorporated into and forms part of this Agreement. Please read the terms carefully and ensure that you understand all the content of the privacy policy.
We may provide notifications to you from time to time. Please provide a valid, frequently used email address for your VT Account. You are responsible for the consequences of providing an invalid or unused email address. VTrump does not accept any liability for unsuccessful notifications due to your failure to provide a valid email address. All notices issued through Scale Up or emails sent to you constitute effective notice.
This Agreement is governed by the laws of the Republic of HongKong. Disputing parties should strive to resolve any disputes in relation to the terms of this Agreement amicably. If an amicable settlement is not possible, the disputing parties agree to submit to the non-exclusive jurisdiction of the courts of HongKong.
We do not waive any rights or remedies if we fail to or delay in exercising our rights and remedies under this Agreement. We are not prevented from further exercise of our rights or remedies after exercise of a single or partial right or remedy. Any waiver of a breach or default under the terms of this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect our rights in relation to other terms of this Agreement.
If any term of this Agreement is found to be invalid, illegal or unenforceable for any reason, it will not affect the validity of any other term of this Agreement. The remaining terms of this Agreement shall remain in full force and effect.
This Agreement constitutes the final, entire and exclusive agreement between you and VTrump in relation to Scale Up, and supersedes all prior agreement, representations or understandings, oral or written, express or implied.
You must not assign any rights or delegate any obligations arising out of this Agreement without our prior written consent. Any assignment in violation of the foregoing will be null and void.
A person who is not a party to this Agreement shall have no right under any legislation of any jurisdiction to enforce any of the terms of this Agreement.
The headings of each section are only for reference and shall not affect the legal meaning or interpretations of the terms of this Agreement.
Scale Up Privacy Policy
Welcome aboard!
So you have purchased our Scale Up hardware and are starting to use the Scale Up software and all its functionalities! Any information you share with us will help us to provide you with services related to Scale Up and to improve them to make them even better. We explain here our ways of collecting and using information, and how we protect your privacy. In this privacy policy, “personal data” means information that can be used to identify an individual, either from that information alone, or from that information and other information we have access to about that individual. We collect both personal and non-personal data to enable and facilitate the best user experience possible.
Types of Personal Data Collected
In order to provide our services to you, we will ask you to provide necessary personal data that is required to provide those services. If you do not provide your personal data, we may not be able to provide you with our products or services.
Set up and log in of VT Account. Personal data that are collected for creating a VT Account may include your email address or mobile phone number, device related information (e.g. IMEI number) and various location related information (e.g. location area code, mobile network and country codes).
Activating Scale Up. When you activate the Scale Up, we may collect your age, height, weight and gender. We may also collect other details you provide as part of your profile such as your birthday, picture and signature.
Sync Scale Up data. When you synchronise the Scale Up data, e.g. to VT Cloud Service, we may collect data relating to your Weight, BMI, Fat ratio, Water ratio, Bone Ratio, Muscel Ratio, Visceral Fat Ratio and functionalities of Scale Up.
Sharing your content. When you share content or send information to family and friends, we may collect personal information of those people, such as their names, email addresses, telephone numbers, and mailing addresses (if we need to send a product to them). You hereby represent and warrant that you have obtained necessary consent for use of third parties’ personal data if you choose to provide them to us. When you share content or invite users to use Scale Up please note that other users may see personal data you share.
Processing the services. In providing the above services, we may also collect data in relation to your device, including your ID, firmware version, device OS version, model and system, and visiting IP and time.
To provide you with our products and services, processing your orders, performing contractual obligations between you and us, to ensure the functions and safety of our products, to verify your identity, to prevent and trace fraudulent or inappropriate usage
To develop our products and services, together with general and statistical information
To communicate with you, including providing you with notifications on products and services that are updated or launched
To provide marketing and promotional materials to you on our products and services (please note that you may unsubscribe anytime)
To personalise product design and to provide you with services tailored for you, for example, recommending and displaying information and advertisements regarding products suited to you, and to invite you to participate in surveys relating to your use of Scale Up
To conduct investigations regarding our products and services
If you participate in our lottery, contest or other promotions, we may use your personal data to manage such activities
To provide maintenance services, monitor software licenses, to improve our products or analyse the efficiency of our operations
Other Information
We use statistical data that does not specifically identify you (non-personal data) to help in our operations and improve our products and services and provide a better user experience for you. Here are some of the non-personal data we may collect and how we use them:
When you create a Account, download our software, register in our e-commerce website, participate in online surveys or interact with us in other ways, we may collect your language preferences, postal code, area code number and time zone in which you use our products and services, and your profession.
When you opt-in to participate in our User Experience Improvement Program, we may gather statistics relating to your use of our products functions, on an anonymous basis. This may include information relating to your use of our official website, products and services. If there is an abnormal shutdown or breakdown, we may collect information relating to your mobile device to diagnose the problem.
We recognise that privacy concerns differ from person to person. Therefore, we provide examples of ways we make available for you to choose to restrict the collection, use, disclosure or processing of your personal data and control your privacy settings, such as controlling the settings under the User Experience Improvement Program, Location Access functions, and your Account.
Access, Updating or Correcting Your Personal Data
You have the right to request access and/or correction or any other personal data that we hold about you. When you update your personal data, you will be asked to verify your identity before we proceed with your request. Once we obtain sufficient information to accommodate your request for access or correction of your personal data, we shall process in accordance with the laws of your country. While we try our utmost in acceding to your requests, unreasonably repetitive or unrealistic requests or those that put others’ privacy at risk may be declined.
We normally provide such services for free but reserve the right to charge a reasonable fee.
Withdrawal of Consent
You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or control by submitting a request.
Please recognise that your withdrawal of consent could result in certain legal consequences. Depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that you will not be able to enjoy VTrump’s products and services.
Unless we tell you in this privacy policy, we will keep your personal information confidential. We may disclose your personal data on occasion to third parties in order to provide the products or services that you have requested. Some of these third parties may be located outside your home country.
Disclosure may include the scenarios listed in this section below. In each case described in this section, you can be assured that VTrump will only share your personal data in accordance with your consent. You should know that when VTrump shares your personal data with a third party under any circumstance described in this section, VTrump will ensure that the third party is subject to practices and obligations to comply with the relevant data protection and privacy laws of your country. VTrump will contractually ensure compliance by any foreign Third Party Service Providers with the privacy standards that apply in your home jurisdiction.
In order to conduct business operations smoothly, the VTrump entity which collects your personal data may disclose your personal data from time to time to other VTrump group companies (in communications, social media, technology or cloud business), or our third party service providers which are our mailing houses, delivery service providers, telecommunications companies, data centres, data storage facilities, and customer service providers, agents, related corporations, and/or other third parties (together “Third Party Service Providers”). Such Third Party Service Providers would be processing your personal data on VTrump’s behalf or for one or more of the purposes listed above.
Personal data will only be shared by VTrump to provide or improve our products or services and will not be shared for use for marketing purposes.
Disclosure to Others
VTrump may disclose your personal data without further consent if required or permitted by law in the following cases:
cases in which the disclosure is required or authorized based on the applicable laws and/or regulations;
cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of the individual or another individual;
cases in which the disclosure is necessary for the prevention of crime or legal proceedings;
cases in which the purpose of such disclosure is clearly in the individual’s interests, and if consent cannot be obtained in a timely way;
cases in which the disclosure is necessary for any investigation or proceedings;
cases in which the disclosure is to any officer of a prescribed law enforcement agency upon production of written authorisation signed by the head or director of that law enforcement agency, or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer; and/or
cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest.
Information Not Requiring Consent
We may share anonymised information and statistics in aggregate form with third parties for business purposes, for example with advertisers on our website, or we may tell our business partners the number of customers in certain demographic groups who purchased certain products or who carried out certain transactions.
For the avoidance of doubt, in the event that we are permitted by law to collect, use or disclose your personal data without your consent, such permission granted by the law shall continue to apply.
We are committed to ensuring that your personal data is secure. In order to prevent unauthorised access, disclosure or other similar risks, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect. We have put in place the following security procedures and technical and organisational measures to safeguard your personal data:
Your personal data is stored on secure servers that are protected in controlled facilities.
All data saved in the back-end is classified into different levels based on the importance and sensitivity of the data, e.g. whether the data contains personal data.
Our Privacy Policy does not apply to products and services offered by a third party. VTrump products and services may include third party’s products or services. When you use such products or services, they may collect your information too. For this reason, we strongly suggest you to read the third party’s privacy policy as you have taken time to read ours. We are not responsible for and cannot control how third parties use personal data which they collect from you. Our Privacy Policy does not apply to other sites linked from our services.
Minors
We consider it the responsibility of parents to monitor their children’s use of our products and services. Nevertheless, it is our policy not to require personal data from minors or offer to send any promotional materials to persons in that category. VTrump does not seek or intend to seek to receive any personal data from minors. Should a parent or guardian have reasons to believe that a minor has provided VTrump with personal data without their prior consent, please contact us to ensure that the personal data is removed and unsubscribe them from any of the applicable VTrump services.