1. Introduction and Acceptance of Terms
Welcome to Exer Labs, Inc. (“Exer Labs,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Exer Labs website, including all content, pages, forms, and related online services made available through the website (collectively, the “Website”).
The Website is intended for general informational, educational, and business purposes only. These Terms apply only to the Website and do not govern Exer Scan or any regulated software applications, which are subject to separate agreements and policies.
By accessing or using the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms and our Privacy Policy (collectively, the “Agreement”). If you do not agree, you may not use the Website.
If you are using the Website on behalf of an organization or entity, you represent and warrant that you are authorized to bind that entity to these Terms.
Company Contact Information
Company: Exer Labs, Inc.
Address: 1873 South Bellaire Street, Suite 1420, Denver, CO 80222
Email: support@exerai.com
2. Website Purpose and Scope
The Website provides general information about Exer Labs, its products, services, and related offerings.
The Website does not provide medical advice, clinical services, and is not a regulated medical device.
Information presented on the Website is not intended to replace professional judgment or serve as a substitute for medical, legal, or professional advice.
3. No Medical or Clinical Use
The Website and any content accessed through the Website is for educational purposes only and is not
intended for:
● Diagnosis, treatment, or prevention of disease
● Clinical decision-making
● Emergency or time-critical use
Use of the Website does not create a clinician-patient relationship or any professional relationship
between you and Exer Labs.
4. User Eligibility and Responsibilities
You represent and warrant that:
● You are at least 18 years of age and competent to enter into this binding legal agreement
● You will use the Website only for lawful purposes
● You will not misuse or interfere with Website operations
● You will not (and will not permit any third party to): (a) copy, crawl, scrape, index, or cache any page or content of the Website by automated means without our prior written consent; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website, except to the extent such restriction is prohibited by applicable law;
(c) access the Website to build a competitive product or service or to benchmark without attribution; (d) circumvent any access controls, rate limits, or technical protections; or (e) use the Website, or any content from the Website, to train, fine‐tune, or improve any artificial intelligence or machine learning models without our express written permission.
● You are not located in, under the control of, or a national or resident of any country or territory subject to U.S. embargo or sanctions, and that you are not a person on any U.S. government restricted party list. You will not access or use the Website in violation of U.S. export
control or sanctions laws.
You are solely responsible for ensuring that your use of the Website complies with applicable laws and regulations.
5. Website Content and Accuracy
While we strive to keep Website content accurate and up to date, Exer Labs does not guarantee that all information is complete, current, or error-free. Content may be updated, modified, or removed at any time without notice.
6. Security and System Integrity
You may not:
● Attempt to gain unauthorized access to systems or data
● Disrupt or interfere with Website functionality
● Introduce malware or harmful code
● Scrape, copy, or harvest Website data without authorization
We may take reasonable measures to protect the Website and its users, including suspending access for violations of these Terms.
7. Third-Party Links and Services
The Website may include links to third-party websites or services. Exer Labs is not responsible for the content, policies, or practices of third-party sites. Accessing third-party services is at your own risk.
8. Intellectual Property
All Website content, including text, graphics, logos, images, and software, is owned by Exer Labs or its licensors and is protected by intellectual property laws. No rights are granted except as expressly stated in these Terms.
Feedback: If you provide ideas, suggestions, or feedback to Exer Labs (“Feedback”), you grant Exer Labs a perpetual, irrevocable, worldwide, royalty‐free, fully paid, sublicensable and transferable license to use,
copy, modify, create derivative works based upon, distribute, publicly display, and otherwise exploit the Feedback for any purpose, without attribution or compensation to you.
9. Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EXER LABS DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Limitation of Liability
To the fullest extent permitted by law, Exer Labs shall not be liable for any indirect, incidental, consequential, special, or punitive damages or any loss of profits, revenues, goodwill, data, or business interruption, arising from or related to your use of the Website or these Terms whether based on
warranty, contract, tort (including negligence), statute, or any other legal theory. To the fullest extent permitted by law, Exer Labs’ aggregate liability for any claims arising out of or related to the Website or these Terms will not exceed one hundred dollars (US $100). The foregoing limitations will not apply to the extent prohibited by applicable law.
11. Indemnification
You will indemnify, defend, and hold harmless Exer Labs and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable
attorneys’ fees) arising out of or related to: (a) your use or misuse of the Website; (b) your violation of these Terms; or (c) your violation of applicable law or third‐party rights.
12. Availability and Modifications
The Website may be subject to planned or unplanned downtime. Exer Labs does not guarantee uninterrupted availability and may modify or discontinue Website features at any time.
13. Changes to These Terms
These Terms may be updated periodically. Material changes will be posted on the Website. Continued use constitutes acceptance of the updated Terms.
14. Governing Law and Venue
These Terms are governed by the laws of the State of Colorado. Any disputes shall be resolved exclusively in the state or federal courts located in Denver County, Colorado, unless otherwise required by law.
15. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Digital Millennium Copyright Act (“DCMA”)
Exer Labs respects intellectual property rights. If you believe content on the Website infringes your copyright, please send a takedown notice pursuant to 17 U.S.C. § 512 to our designated agent: DMCA Agent: Legal Department, Exer Labs, Inc., 1873 South Bellaire Street, Suite 1420, Denver, CO 80222;
Email: support@exerai.com. Your notice must include the information required by 17 U.S.C. § 512(c)(3).
Exer Labs may terminate repeat infringers in appropriate circumstances
17. Acknowledgment
By using the Website, you acknowledge that you have read, understood, and agreed to these Terms of
Use.
End of Terms
