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. Artificial Intelligence and Machine Learning Disclaimer

Biomarks.ai utilizes artificial intelligence, machine learning and automated analytical systems to generate health-related insights, reports, scores, recommendations and other outputs. These outputs are generated algorithmically and may contain inaccuracies, omissions, errors or incomplete information.

You acknowledge and agree that AI-generated outputs are provided for informational and educational purposes only and should not be relied upon as medical advice, diagnosis, treatment, healthcare recommendations, employment decisions, insurance decisions or other professional advice.

Biomarks.ai does not warrant the accuracy, completeness, reliability or suitability of any AI-generated output.

6. Screening and Wellness Services Only

All assessments, screenings, scores, reports and insights provided through the Services, including but not limited to Biological Age Tests, Cognitive Assessments, Vision Tests, Hearing Tests, Lung Function Assessments, Facial Wellness Assessments and Health Questionnaires, are screening and wellness tools only.

The Services are not intended to diagnose, treat, cure, prevent or monitor any disease, illness or medical condition and should not be used as a substitute for professional medical care.

Users should consult qualified healthcare professionals regarding any health concerns or medical conditions.

7. 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.

8. 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.

9. Workforce Health Intelligence and Employer Reporting

Biomarks.ai may provide workforce health intelligence, population health reporting and aggregated wellbeing analytics to employers, insurers, aged care providers and other organizations.

Individual health records, uploaded documents, test results and personally identifiable health information are not disclosed through workforce reporting products unless expressly authorized by the user.

Organizations receive aggregated, anonymized and de-identified reporting only. Such reporting is intended to support workforce wellbeing, preventative health initiatives, population health analysis and organizational planning.

Biomarks.ai does not recommend that employers, insurers or other organizations make employment, underwriting, insurance, compensation or healthcare decisions based solely upon information generated through the Services.

10. Population Health Intelligence

The Services may generate aggregated trend analysis, benchmarking, population health intelligence and statistical reporting derived from user data.

Such information is intended solely for research, wellness, preventative health, operational planning and analytical purposes and does not constitute medical advice, clinical guidance or underwriting recommendations.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. Wearable Devices and Third-Party Data Sources

Biomarks.ai may integrate with Apple Health, Apple Watch, Oura Ring and other third-party devices, applications or services.

Biomarks.ai does not control, verify or guarantee the accuracy, completeness, availability or reliability of data supplied by any third-party device or service and accepts no responsibility for inaccuracies contained within such data.

17. 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.

18. 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.

19. Electronic Communications

By creating an account or using the Services, you consent to receive communications electronically, including by email, SMS, in-app notifications and website notices.

These communications may include account information, service updates, health reports, security notifications, legal notices and promotional communications.

20. 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.

21. 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.

22. Service Modifications

Biomarks.ai reserves the right to modify, suspend, discontinue or remove any aspect of the Services, features, assessments, integrations, pricing or functionality at any time without prior notice.

Continued use of the Services following any modification constitutes acceptance of such changes.

23. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the relevant Australian Arbitration Association.

You agree to waive any right to participate in class action lawsuits, class arbitrations or representative proceedings against Biomarks.ai.

24. 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.

25. 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.

26. Contact Us

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

• Email: enquiries@biomarks.ai