Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and SweatScans, LLC ("SweatScans," "we," "us"). They govern your use of the SweatScans websites, mobile apps, sweat collection kits, and the insights we provide (together, the "Service").

By creating an account, purchasing a kit, activating a kit, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

PLEASE NOTE: SECTION 15 CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES BETWEEN YOU AND SWEATSCANS ARE RESOLVED. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED THERE.

SweatScans is a sports performance and nutrition insights service. You collect a sweat sample during a workout using our kit, mail it to us, and we combine our analysis of that sample with the workout details you provide to generate personalized hydration and fueling insights — such as estimates of your sweat rate and sodium loss — to help you plan your fluid and electrolyte intake around training and competition.

THE SERVICE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES RELATED TO ATHLETIC PERFORMANCE, HYDRATION, AND GENERAL WELLNESS ONLY. IT IS NOT MEDICAL ADVICE. IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION, AND IT IS NOT A SUBSTITUTE FOR THE ADVICE OF A PHYSICIAN, REGISTERED DIETITIAN, OR OTHER QUALIFIED HEALTH PROFESSIONAL.

Never disregard or delay seeking professional advice because of something you read in the Service. Consult a qualified professional before making significant changes to your fluid, sodium, or electrolyte intake — especially if you are pregnant, have (or suspect you have) any health condition such as high blood pressure or a kidney, heart, or endocrine condition, or take medication that affects fluid or electrolyte balance. If you think you are experiencing a medical emergency, call your local emergency number immediately.

You must be at least 18 years old and able to form a binding contract to purchase kits, create an account, or use the Service. By using the Service you represent that you meet these requirements.

You agree to provide accurate information — including the body weight, workout, and fluid intake details used to generate your insights — and to keep your account information current. Inaccurate inputs produce inaccurate insights.

You are responsible for your account credentials and for all activity under your account. Notify us promptly at the email below if you suspect unauthorized use.

One account per person. Your account, kits, and insights are personal to you and may not be resold or shared for commercial purposes without our written agreement.

Kit purchases are processed by our payment provider (Stripe); we do not store your full card number. Prices, features, and availability may change, but changes will not affect an order you have already placed.

Each kit is single-use and may only be activated by the account holder who owns it (or, for kits purchased with a test credit, by the person the purchaser hands it to who activates it under their own account). A purchase may grant a test credit that is consumed when a kit is activated; credits have no cash value and are not transferable except as the Service expressly allows.

You are responsible for following the collection and return-mailing instructions included with your kit, including any applicable postal requirements for the return mailer we provide.

Unactivated kits may be returned for a refund within 30 days of delivery. Once a kit is activated or a sample has been mailed to us, the purchase is non-refundable.

If we receive your sample but cannot generate insights from it (for example, because of collection or shipping issues), we may at our discretion offer a one-time replacement kit at no charge. Replacement is our sole obligation, and your sole remedy, for a sample we cannot process.

By mailing us a sweat sample you confirm it is your own sweat, collected by you using our kit and instructions, and you authorize us to analyze it for the purpose of providing your insights and improving the Service.

Samples are consumed in analysis and cannot be returned. We handle and dispose of collection materials appropriately after analysis.

We cannot guarantee that every sample can be analyzed — collection technique, contamination, delays in the mail, and other factors outside our control can affect whether usable insights can be produced.

Collecting a sample involves physical exercise. You are solely responsible for your own safety while exercising, including choosing an activity, intensity, duration, and environment appropriate for you. Stop exercising and seek help if you feel unwell.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL EXERCISE UNDERTAKEN IN CONNECTION WITH THE SERVICE, AND SWEATSCANS IS NOT RESPONSIBLE FOR ANY INJURY, ILLNESS, OR OTHER HARM ARISING FROM YOUR EXERCISE OR TRAINING DECISIONS.

Your insights are estimates. They are generated from your sample and the workout details you provide, using models drawn from published sports-science research, and they reflect the single session you collected. Sweat characteristics vary between people and within the same person over time — with heat acclimatization, season, fitness, environment, and workout intensity — so your insights are a snapshot, not a fixed property of your body.

Insights are guidance for planning your hydration and fueling; they are not a guarantee of any athletic result, and you are solely responsible for the decisions you make based on them.

You agree not to misuse the Service — including submitting a sample that is not your own sweat or was not collected with our kit, interfering with or attempting to gain unauthorized access to the Service or other users' data, scraping or reverse-engineering the Service, reselling insights, or using the Service in violation of any law.

We may suspend or terminate accounts that violate these Terms.

The Service — including our software, kit design, content, branding, and the methods we use to generate insights — is owned by SweatScans or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable license to use the Service for its intended purpose.

You own the personal data you submit. You grant us a license to use it to provide the Service to you and, in de-identified or aggregated form, to improve the Service, as described in our Privacy Policy.

The Service relies on third-party providers (for example, payment processing, authentication, hosting, and email delivery) and may let you import data from third-party platforms. Those providers' services are governed by their own terms, and we are not responsible for them.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SWEATSCANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SAMPLE CAN BE ANALYZED, OR THAT INSIGHTS WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR OUTCOME.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) SWEATSCANS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL; AND (B) SWEATSCANS' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR $100.

These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You agree to indemnify and hold SweatScans harmless from claims arising out of your violation of these Terms or your misuse of the Service.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

You and SweatScans agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court — except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief for intellectual-property misuse.

YOU AND SWEATSCANS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Disputes may be brought only on an individual basis, and the arbitrator may not consolidate claims.

Opt-out: you may opt out of this arbitration agreement by emailing support@sweatscans.com within 30 days of first accepting these Terms, with your name, account email, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Before starting arbitration, the party with a dispute will send the other a written notice describing it, and both parties will try in good faith to resolve it informally for 30 days.

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. For any matter not subject to arbitration, you and SweatScans consent to the exclusive jurisdiction of the state and federal courts located in New Jersey.

You may stop using the Service and request account deletion at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service; if we terminate without cause while you hold an unused test credit, we will refund the purchase price of that credit.

Sections that by their nature should survive termination (including sections 8, 9, and 11 through 16) survive.

We may update these Terms from time to time. If a change is material, we will notify you (for example, by email or an in-app notice) before it takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

Questions about these Terms? Email support@sweatscans.com.