Terms of Service

1. Acceptance of Terms

By using this Site, creating an account, or accessing our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms that apply to specific Services. If you do not agree, please do not use our Site.

2. Eligibility

To use our Services, you must be at least 18 years of age or have the consent of a parent or guardian. You represent and warrant that all information you provide is accurate and complete.

3. Services Overview

Biomarks.ai provides health and biomarker-related information and tools, including optional integrations with health data platforms such as Apple Health. Our Services are for informational and wellness purposes only and are not a substitute for professional medical advice.

4. No Medical Advice

We are not a healthcare provider. The content on our Site and any data outputs are for general informational purposes only. You should not interpret them as medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare professional before making any medical decisions.

5. User Accounts

• You may be required to create an account to access certain Services.
• You are responsible for maintaining the confidentiality of your account and password.
• You agree to notify us immediately of any unauthorised use of your account.
• We may suspend or terminate your account if you violate these Terms or applicable laws.

6. User Content and Data

When you upload, input, or connect data (including health-related data), you grant us a limited, non-exclusive, revocable license to process and display that data for the purpose of providing our Services. You retain ownership of your personal data.

You must not upload any content that:

• Violates any law or regulation;
• Is false, misleading, defamatory, or harmful; or
• Infringes on any intellectual property rights of others.

7. Privacy

Your use of the Site is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information, including sensitive health data.

8. Payments and Subscriptions

Where applicable, fees for paid Services will be displayed clearly before purchase. All payments are processed securely via our third-party payment processors. Prices may change with notice. Refunds are only provided as required by Australian Consumer Law.

9. Intellectual Property

All content, design, software, and materials on the Site are owned or licensed by Biomarkers and protected under Australian and international copyright, trademark, and intellectual property laws. You may not reproduce, modify, distribute, or use our materials without written permission.

10. Prohibited Conduct

You agree not to:

• Use the Site for any unlawful or fraudulent purpose;
• Attempt to gain unauthorised access to our systems or networks;
• Interfere with the operation of the Site (e.g., via malware, scraping, or denial-of-service attacks);
• Use our Services to collect or process data unlawfully or without consent.

11. Third-Party Links and Integrations

Our Site may include links or integrations with third-party services such as Apple Health. These are provided for convenience. We are not responsible for their content or data handling practices. Review their terms and privacy policies before using those services.

12. Termination

We may suspend or terminate your access to our Services at any time for conduct that violates these Terms or is otherwise harmful to our interests or other users. Upon termination, your right to use the Services ceases immediately.

13. Disclaimers

The Site and Services are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding accuracy, reliability, or fitness for a particular purpose. You use the Site at your own risk.

14. Limitation of Liability

To the maximum extent permitted by law, Biomarkers and its affiliates will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Site or Services. Nothing in these Terms excludes liability under Australian Consumer Law where it cannot be excluded by law.

15. Indemnity

You agree to indemnify and hold Biomarks.ai, its employees, and affiliates harmless from any claims, losses, or damages arising out of your use of the Site, violation of these Terms, or infringement of any third-party rights.

16. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising from these Terms or your use of the Site.

17. Changes to These Terms

We may modify these Terms from time to time. Updated versions will be posted on this page with a new “Last updated” date. Continued use of the Site after changes constitutes your acceptance of the revised Terms.

18. Contact Us

If you have questions or concerns about these Terms, please contact us:

• Email: enquiries@biomarks.ai