Terms of Service

Last Updated: December 20, 2025

Welcome to Biomersive Health Technologies LLC ("Biomersive"). By accessing our website, mobile application, or using our services (collectively, the "Services"), you agree to be bound by these Terms of Service (the "Terms").

PLEASE READ THESE TERMS CAREFULLY. SECTION 9 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS.

1. No Medical Advice; Wellness and Education Only

BIOMERSIVE IS NOT A MEDICAL PROVIDER. THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

• Informational Purpose: All insights, longitudinal trends, AI-generated plans (nutrition, exercise, supplements, sleep), and data visualizations are provided for educational and wellness purposes only.
• No Doctor-Patient Relationship: Your use of Biomersive does not create a doctor-patient relationship between you and Biomersive, its founders, or any of its affiliates.
• Consult Your Physician: Biomersive is a tool to support—not replace—your relationship with your healthcare providers. Always seek the advice of a qualified physician regarding any medical condition or before making lifestyle changes based on data within the app.
• Emergency Situations: IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR LOCAL EMERGENCY SERVICES IMMEDIATELY.

2. Description of Services

Biomersive provides a subscription-based platform that allows users to:

• Centralize Health Data: Upload and store lab reports, medical records, and wearable data.
• AI Data Extraction: Utilize automated AI models to structure fragmented documents into a searchable database.
• Trend Analysis: View longitudinal charts and graphs of health metrics over time.
• Wellness Planning: Receive AI-generated suggestions regarding nutrition, exercise, sleep, and recovery.

3. Acknowledgement of AI Limitations and User Verification

Biomersive utilizes Artificial Intelligence ("AI") and Large Language Models ("LLMs") to process documents. You acknowledge and agree that:

• Inaccuracies: AI technology is not infallible and may produce errors, misinterpretations, or "hallucinations." This includes misreading biomarker values, units of measurement, or reference ranges.
• Mandatory User Verification: The platform allows you to view your original uploaded documents. It is your sole responsibility to verify that the extracted data matches your original records before relying on any trend or insight.
• Assumption of Risk: Biomersive is not liable for any actions taken based on incorrect data extraction.

4. Eligibility and Use Restrictions

• Age Requirement: You must be at least 18 years of age to use the Services.
• Pregnancy Restriction: The Biomersive platform is designed for non-pregnant adults. Pregnancy causes significant physiological changes that render our data visualizations and wellness recommendations inaccurate or potentially unsafe. By using the Services, you represent that you are not currently pregnant. If you become pregnant, you agree to cease use of the automated wellness plans and consult your obstetrician.
• Texas Jurisdiction: Biomersive is incorporated in Texas. You are responsible for ensuring your use of the Services complies with your local laws.

5. Subscriptions and Billing

• Subscription Model: Biomersive is a paid, subscription-based service.
• Automatic Renewal: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW for additional periods of the same duration as your initial term unless you cancel via your account settings before the next billing date.
• Cancellations: You may cancel at any time; however, unless required by law, all payments are non-refundable.

6. Data Privacy and Processing Consent

Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference.

• Ownership: You retain all ownership of the health documents you upload.
• Processing Consent: By uploading data, you grant Biomersive a license to process and analyze that data via AI to provide the Services.
• Control: You have the right to download or delete your documents and account at any time.

7. Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose or to violate medical privacy laws.
• Attempt to reverse-engineer, "scrape," or extract proprietary logic from the platform.
• Upload documents belonging to other individuals without their express legal authorization.
• Use the platform to develop a competing medical or wellness service.

8. Disclaimers and Limitation of Liability

• "As-Is" Basis: The Services are provided "as-is." We make no warranty that the Services will be 100% accurate, secure, or uninterrupted.
• Limitation of Liability: To the maximum extent permitted by law, Biomersive Health Technologies LLC shall not be liable for any indirect, incidental, or consequential damages. Our total liability for any claim shall not exceed the total amount you paid us in the twelve (12) months preceding the claim.

9. Dispute Resolution and Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

• Binding Arbitration: Any dispute arising out of these Terms or the Services will be settled by binding arbitration in Austin, Texas, under the rules of the American Arbitration Association (AAA).
• Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class-action lawsuit or class-wide arbitration.
• Governing Law: These Terms are governed by the laws of the State of Texas.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via the app or your registered email. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

11. Contact Information

Biomersive Health Technologies LLC

5900 Balcones Drive, STE 100

Austin, TX 78731

Email: [email protected]