Terms of Service

1. Agreement, eligibility and accounts

These Terms of Service (“Terms”) are a binding agreement between you and BQOME LLC (“BQOME”, “we”, “us”). They govern your use of the BQOME smart scale (the “Device”), the BQOME mobile app for iOS and Android (the “App”) and our website bqome.com (together, the “Services”). By creating an account, downloading the App or using the Device, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Who may use the Services. You must be at least 18, or the age of majority where you live, to create an account. Younger users may use the Services only through a family profile managed by a parent or guardian, who accepts these Terms on their behalf and is responsible for their use.

Your account. You agree to give accurate information, keep your password confidential and tell us promptly at support@bqome.com about any unauthorized use. You are responsible for activity under your account, including family profiles you create. You must have permission from any person whose data you add to your account.

2. Health and safety

Not a medical device. The Device and App are consumer wellness products. They are not intended to diagnose, treat, cure, monitor or prevent any disease or medical condition. Body composition values (such as body fat, muscle mass and metabolic age) are estimates calculated by bioelectrical impedance and algorithms, and can be affected by hydration, recent meals, exercise, skin condition and other factors. Do not make medical decisions based on the Services; always consult a qualified health professional. In an emergency, call your local emergency number.

Do not use body composition features if you:

• have a pacemaker, implanted defibrillator or any other implanted electronic medical device;
• are pregnant;
• are using life-support or other electronic medical equipment.

These users may use weight-only mode if the Device offers it, after checking with their doctor.

Safe use. Follow the user manual. Place the Device on a hard, flat, dry surface. Do not step on it with wet feet or when the glass surface is wet, as it may be slippery. Do not exceed the maximum capacity of 180 kg / 396 lb. Keep batteries away from children.

3. License, acceptable use and app stores

License. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App and the Device’s firmware for your own non-commercial use, under these Terms. We and our licensors own all rights in the Services, including software, firmware, designs, logos and the BQOME name. No other rights are granted.

You agree not to:

• copy, modify, reverse engineer, decompile or disassemble the App or firmware, except where the law expressly allows;
• bypass security, access other users’ data, or interfere with the Services;
• use the Services for any unlawful purpose or to upload malware;
• resell, rent or commercially exploit the App or Services;
• use automated tools to scrape or overload the Services.

Your data and feedback. You own the data you create. You give us permission to process it as described in our Privacy Policy so we can provide the Services. If you send us suggestions, we may use them freely without obligation to you.

Updates. We may release App and firmware updates to fix bugs, improve security or add features. Some updates may be required to keep using the Services. We may change or discontinue features, and will give reasonable notice of material changes where possible.

Apple App Store. If you downloaded the App from Apple: (a) these Terms are between you and BQOME only, not Apple; (b) Apple has no obligation to provide maintenance or support for the App; (c) if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and Apple has no other warranty obligation to the extent permitted by law; (d) BQOME, not Apple, is responsible for any claims relating to the App, including product liability, legal or regulatory compliance and consumer protection claims; (e) BQOME, not Apple, is responsible for investigating and resolving any claim that the App infringes third-party intellectual property; (f) you confirm you are not located in a country subject to a U.S. Government embargo or on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play. If you downloaded the App from Google Play, you also agree to the Google Play Terms of Service. Google is not responsible for the App or its support.

4. Purchases, warranty and returns

Orders. Orders placed on our website are offers to buy, which we accept when we ship. Prices are shown in US dollars and include or exclude taxes as stated at checkout. Payments are processed by Stripe; we do not store your full card details. We may cancel orders affected by pricing errors, suspected fraud or stock shortages, with a full refund.

Shipping. Delivery times are estimates. Risk of loss passes to you on delivery.

Returns. You may return an unused Device in its original packaging within 30 days of delivery for a refund of the purchase price, minus return shipping unless the Device is defective. EU/UK consumers also have a 14-day statutory right of withdrawal. Contact support@bqome.com to start a return. Devices bought from other retailers follow that retailer’s return policy. See our Returns and Refunds Policy.

Limited hardware warranty. We warrant the Device against defects in materials and workmanship for 2 years from the original retail purchase. If a covered defect occurs, we will repair or replace the Device or refund the price, at our choice. The warranty does not cover normal wear, batteries, misuse, water damage, accidents, unauthorized repair or use beyond maximum capacity. To claim, contact us with proof of purchase. This warranty is in addition to, and does not limit, your statutory consumer rights. See our Limited Warranty.

Subscriptions (if offered). Paid features bought in the App are billed by Apple or Google under their terms, renew automatically until cancelled in your app store account settings, and refunds are handled by the app store.

Third-party services. The Services may connect to third-party services such as Apple Health or Health Connect. Your use of those services is governed by their own terms, and we are not responsible for them.

5. Disclaimers, limitation of liability and indemnity

Disclaimer. Except for the limited warranty in Section 4 and to the fullest extent permitted by law, the Services are provided “as is” and “as available”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free or that measurements will be exact.

Limitation of liability. To the fullest extent permitted by law, BQOME and its affiliates, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data, profits or goodwill, arising from your use of the Services. Our total liability for any claim relating to the Services is limited to the greater of (a) the amount you paid us for the Device or Services in the 12 months before the claim, or (b) US$100.

Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be limited by law. Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you. If you are a consumer in the EU or UK, you keep all mandatory rights under your local law.

Indemnity. You agree to indemnify and hold BQOME harmless from claims and costs (including reasonable legal fees) arising from your breach of these Terms or misuse of the Services, except where caused by our own fault.

6. Termination, governing law and contact

Termination. You may stop using the Services and delete your account at any time in the App (Settings > Account > Delete account) or at bqome.com/us/delete-account. We may suspend or end your access if you seriously or repeatedly breach these Terms, or if required by law, with notice where reasonable. Sections that by their nature should survive (such as ownership, disclaimers, liability limits and governing law) survive termination.

Governing law and disputes. Before filing a claim, please contact us at support@bqome.com so we can try to resolve it informally within 60 days.

Changes to these Terms. We may update these Terms. We will post the new version with a new effective date and, for material changes, notify you in the App or by email at least 15 days before they take effect. Continued use after that date means you accept the updated Terms.

General. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not transfer these Terms without our consent; we may transfer them in a merger or sale of assets. These Terms and the Privacy Policy are the entire agreement between you and us about the Services.

Contact. BQOME LLC. Email: support@bqome.com.