Terms and Conditions

Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just email us at [email protected]

Application

a. These Terms and Conditions will apply to the purchase of the service by you (the Customer or you). We are Human Design Technologies LTD a company registered in England and Wales under number 13963882 whose registered office is at 63 Loveridge Road, London, NW6 2DR with the email address [email protected]; (the Supplier or us or we).

b. These are the terms on which we sell all Services to you. Before commencing a free trial on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

1. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
2. Contract means the legally-binding agreement between you and us for the supply of the Services;
3. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
6. Order means the Customer’s subscription for the Services from the Supplier as submitted following the step by step process set out on the Website;
7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
8. Services means the services advertised on the Website, of the number and description set out in the Order;
9. Website means our website www.bodygraphchart.com on which the Services are advertised.
10. Project means clients one website or one desktop app, or one mobile app build using BodyGraphChart.com APIs

11. Services

12. The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only.
13. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

16. Customer responsibilities

17. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
18. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

19. Personal information and Registration

20. When registering to use the Website you must set up a username (email address) and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
21. We retain and use all information strictly under the Privacy Policy.
22. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

23. Basis of Sale

24. The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
25. The Subscription initiation process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
26. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Subscription Confirmation). You must ensure that the Subscription Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Subscription Confirmation). You will receive the Subscription Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
27. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
28. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.

29. Free Trial

30. To start Free Trial you have to submit your bank details
31. You will be not charged for 21 days
32. After 21 days, you will be automatically charged based on your selected Plan
33. You can cancel any time on your account page billing section

34. API restrictions

35. You may not use a single API key for multiple use cases or applications, and you may not use multiple application API keys for the same use case or application.
36. You will NOT create any script or other automated tool that attempts to create multiple API Keys. You may not allow any third party to use your API Key for their own benefit.
    You shall NOT:
    1. use the BodyGraphChart.com APIs in any manner or for any purpose that violates any law or regulation, promotes
       illegal activities, violates third party rights or terms of service, violates any
       right of any person, including but not limited to intellectual property
       rights, rights of privacy, or rights of personality;
    2. modify, adapt, alter, translate the API;
    3. use the BodyGraphChart.com APIs to engage
       in spamming or other advertising or marketing activities that violate any applicable laws, regulations or
       generally-accepted advertising industry guidelines;
    4. sell, lease, share, transfer, or sublicense the BodyGraphChart.com APIs,
       or access or access codes thereto, or derive income from the use or provision of the BodyGraphChart.com APIs, whether for direct
       commercial or monetary gain or otherwise, without BodyGraphChart.com’s prior, express, written permission;
    5. constitutes excessive or abusive usage, or
    6. otherwise fails to comply or is inconsistent with any part of the BodyGraphChart.com API documentation, as determined by BodyGraphChart.com in its sole discretion;
    7. otherwise exercise rights to the
       API except as expressly allowed by these Terms and Conditions;
    8. reverse engineer or
       attempt to reconstruct, identify or discover any underlying ideas, underlying user interface techniques or algorithms related to the BodyGraphChart.com Service;
    9. remove, obscure or alter any BodyGraphChart.com’s copyright notices, trademarks or other proprietary rights notices affixed to or contained within the API;
       or
    10. use the BodyGraphChart.com APIs in a product or service that competes with products or services offered by BodyGraphChart.com, without BodyGraphChart.com’s prior, express, written permission.
37. BodyGraphChart.com reserves the right to immediately suspend access to the API if you breach any terms of these Terms.

38. Your Content

39. You Retain Ownership and Responsibility of Your Content.
40. You retain ownership of all of your intellectual property rights in your Content. “Content” means software (including machine images), data, text, audio, video or images, coaching offerings, and personal data uploaded, collected, posted, stored, displayed, distributed, or transmitted on or in connection with your account or your site. Bodygraph Chart does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Product to you, and as otherwise described in the Terms. Should any of your Content involve third party content, You agree that Bodygraph Chart is not responsible in any way for such content and makes no representations or warranties as to such third party content.

41. User Content; Third Party Sites and Services

42. You are responsible for your own Content and the consequences of posting or publishing it.
43. You must ensure that you have all the rights and permissions needed to use that Content in connection with the Product.
44. Bodygraph Chart is not responsible for any actions you take with respect to your Content, including sharing it publicly, and we assume no liability for your interactions with your users. Bodygraph Chart reserves the right, but has no obligation, to monitor disputes between you and your users.
45. Bodygraph Chart does not have an obligation to monitor or review any Content submitted to the Product nor do we pre-screen any Content.
46. We are not responsible for and do not necessarily hold the opinions expressed by our customers, users, content contributors, and third parties. You acknowledge that by providing you with the ability to view and post Content through our Product, Bodygraph Chart is not undertaking any obligation or liability relating to the Content. We
    • do not pre-screen Content;
    • do not share or re-use your Content;
    • do not undertake or assume any duty to monitor our site for inappropriate or unlawful content; and
    • assume no responsibility or liability that may arise from a user’s Content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. However, you acknowledge that, in order to ensure compliance with legal obligations, Bodygraph Chart may review Content submitted to the Product to determine whether it is illegal or whether it violates these Terms, including our Acceptable Use Policy (such as when unlawful content is reported to us).
    • We have the sole discretion to modify, prevent access to, delete, or refuse to display Content that we believe violates law or these Terms. It is in our sole discretion to refuse or remove any Content from the Product or to refuse service to anyone for any reason at any time.
47. Third Party Resources. Bodygraph Chart may from time to time recommend or provide you with access to third party software, applications, services, or websites for your consideration or use. These optional tools and integrations are made available to you as a convenience and your use of these third party providers is solely between you and the applicable provider.
48. We do not monitor or have any control over, and we make no claim, warranty or representation regarding any such third party offerings and we accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, any such third party offerings. Your use of any optional third party offerings provided by our Product or a third party website is at your own risk and you expressly release Bodygraph Chart from any all liability arising from your use of any third party website.
49. You acknowledge that Bodygraph Chart has no control over such third party services and shall not be responsible or liable to you or anyone else arising from or relating to your use of optional third party services. Bodygraph Chart does not guarantee the availability of such third party services and you acknowledge that Bodygraph Chart may disable access to any third party service at any time in its sole discretion and without notice to you.
50. In some instances, Bodygraph Chart may receive a revenue share for these third party providers. You should review such third party’s applicable terms and policies, including privacy and data gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Trademarks and Content displayed in conjunction with the Product are the property of their respective owners.
51. If you install a third party service for use with the Product, (i) you represent that you have agreed to such third party’s terms and conditions and are subject to such terms and conditions; and (ii) you grant us permission to allow the applicable third party service provider to access your Content or other data and to take any other actions as required for the interoperation of the third party service with our Product. If you do not agree to abide by the applicable terms and conditions for any such third party integration, then you should not install or use such third party integrations with the Product.
52. Beta Services. From time to time, Bodygraph Chart may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all customers (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Bodygraph Chart will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Bodygraph Chart confidential information. When using our Beta Services, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Bodygraph Chart ’s prior written consent. Bodygraph Chart makes no representations or warranties that the Beta Services will function. Bodygraph Chart may discontinue the Beta Services at any time in its sole discretion. Bodygraph Chart will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Bodygraph Chart may change or not release a final or commercial version of a Beta Service at our sole discretion.

53. Delivery

54. We will provide the Services by the time or within the agreed period or, failing any agreement:
    1. in the case of Services, within a reasonable time; and
    2. without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
55. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

56. Right to cancel

57. Subject as stated in these Terms and Conditions, you can cancel this contract (Subscription) any time without giving any reason.
58. To cancel the Subscription, please contact us to [email protected] or you can cancel on your Account page Billing Section.
59. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

60. Refund Policy

61. New Customers. For new customers we provide a full no-questions-asked refund within nine (9) days afer your twenty one (21) days Free Trial ends.
62. Annually subscribed Customers. If you have been using BodygraphChart for more than 30 days and are annually subscribed, we do not provide refunds.
63. Monthly subscribed Customers. If you have been using BodygraphChart for more than 30 days, and if you are monthly subscribed, we refund only for the last paid month and only if you have requested cancellation via live chat or email, or you have cancelled on your Account page Billing Section.
64. Stripe fees are non-refundable.
65. We reserve the right to refuse refunds to anyone who abuses this Refund Policy.

   Affiliate program 

You have an opportunity to receive a commission of 30% for paying customers you refer to bodygraphchart.com. The following term applies: 

66. To receive a commission, you have to enroll by submitting the Bodygraph Chart affiliate form.  

67. It is customer’s responsibility to provide true and correct details on the submission form. Bodygraph Chart is not held responsible for the missed payments that occurred due to incorrect submission.  

68. You cannot use an affiliate program for your own account. 

69. All payments will be made at the time best suited to the Bodygraph Chart (usually when the amount reaches/goes over $100). You can request a payout via email to [email protected] however, Bodygraph Chart holds all rights on the decision when the actual payment will be made. 

70. Bodygraph Chart reserves the right to reject any affiliate program submission if it goes against the terms listed above and general Bodygraph Chart terms and conditions. 

1. Payment for Services commenced during the cancellation period. We will supply the Services with reasonable skill and care.

71. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

1. Duration, termination and suspension

72. The Contract continues as long as it takes us to perform the Services.

73. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

74. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or

75. is subject to any step towards its bankruptcy or liquidation.

76. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

1. Circumstances beyond the control of either party

77. In the event of any failure by a party because of something beyond its reasonable control

a. the party will advise the other party as soon as reasonably practicable; and

b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

1. Privacy Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

78. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (www.bodygraphchart.com) and cookies policy (www.bodygraphchart.com).

79. For the purposes of these Terms and Conditions:

a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

b. ‘GDPR’ means the UK General Data Protection Regulation.

c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

80. We are a Data Controller of the Personal Data which we Process in providing the Services to you.

81. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and

d. we will implement technical and organizational measures to ensure your Personal Data is secure.

82. For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

1. Excluding liability

83. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer.

1. Governing law, jurisdiction and complaints

84. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

85. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

86. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.