Terms of Service

1. Acceptance of Terms

By accessing or using the Biome Health website, mobile application, and related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and Biome Health, Inc. (“Biome,” “we,” “us,” or “our”). If you do not agree to these Terms, do not use the Service.

Important: These Terms contain an arbitration agreement and class-action waiver, including a 30-day right to opt out of arbitration. Please read Sections 15 and 16 carefully, as they affect your legal rights regarding how disputes are resolved.

By using the Service, you accept these Terms, including the arbitration agreement and class-action waiver, subject to the opt-out right in Section 15.3. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and a resident of the United States to use our Service. By using the Service, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into a binding agreement.

3. Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration, including your name, email, phone number, and health-related information as requested. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately of any unauthorized use of your account. We may suspend or terminate accounts, remove content, or cancel orders as described in these Terms and any applicable policy expressly incorporated into them.

4. Electronic Communications

By using the Service, you consent to receive communications from us electronically, including via email, text message (if opted in), push notifications, and notices posted within the Service. You agree that electronic communications satisfy any legal requirement that such communications be in writing.

5. Health and Wellness Information; No Clinical Services

Biome is a technology company and is not a medical practice, healthcare provider, pharmacy, or emergency service. Biome does not employ or contract physicians, clinicians, or pharmacists to evaluate users, review user data, monitor conversations, or provide medical care through the Service.

The Service provides automated and standardized health and wellness information. It may summarize information you provide or connect, including health records, laboratory results, wearable measurements, nutrition information, genetic information, medications, supplements, and daily logs.

Biome's wellness tracks contain standardized content. The track you see may reflect the focus you selected and limited automated eligibility or exclusion rules. It does not reflect individualized clinical judgment, and no clinician reviews your profile or selects your protocols. Automated filtering may be incomplete when information in your profile is missing, outdated, misspelled, or entered as free text.

Standard wellness content may identify commonly used quantities for activities, foods, nutrients, or supplements. Those quantities are not selected from your medical history or labs and are not personalized doses.

The Service does not provide medical advice, diagnosis, treatment, prescribing, or clinical monitoring. Do not use the Service to diagnose a condition or to start, stop, replace, or change a prescription medication, supplement, treatment, or dose. Seek advice from an independent physician, pharmacist, or other qualified professional regarding your personal circumstances.

The Service is not monitored for emergencies. Call 911 or your local emergency number for a possible medical emergency. In the United States, call or text 988 for a mental-health crisis.

6. Purchases, Subscriptions, Testing, and Third-Party Products

6.1 Genome and DNA Testing

Genome and DNA testing purchases are final and non-refundable once the order is placed. Because these orders begin a personalized kit, fulfillment, and laboratory workflow, we do not accept customer-requested cancellations, returns, or refunds after purchase, including for unopened kits. If we cannot ship your kit within the time stated at checkout or, if no time is stated, within 30 days, or if your kit is not delivered, we will offer you a replacement kit or a full refund. A sample that cannot be processed by the laboratory, including because it fails quality control, is not eligible for a refund. You must return your sample within 180 days of receiving your kit; after that window the order is forfeited, no sequencing is performed, and no refund is provided. If Biome otherwise cannot fulfill an order, we will refund the amount paid. This provision does not limit rights or remedies that cannot be waived under applicable law.

Genome and DNA results are provided for educational and wellness purposes. The Service and its genetic results are not a medical device or an in vitro diagnostic test. Results may be incomplete, inaccurate, uncertain, or unavailable for particular variants or populations. Sequencing depth, genotyping, imputation, reference panels, and interpretation methods have technical and population-specific limitations. Low-coverage and imputed results are not clinical grade: rare variants may be missed or falsely reported, and confidence varies with coverage depth and ancestry.

Results are not clinical confirmation of a medical condition, medication response, carrier status, or disease risk. Any potentially important result must be confirmed through an appropriately validated clinical test and interpreted by an independent qualified professional before medical action is taken.

Genetic information may have implications for biological relatives and may reveal information you did not expect. Additional consent and result-category choices may apply during the testing process.

The federal Genetic Information Nondiscrimination Act (GINA) limits the use of genetic information by health insurers and most employers. GINA does not apply to life insurance, disability insurance, or long-term-care insurance, and some state laws differ. Consider these limits before sharing genetic results with third parties.

You represent that any biological sample you submit is your own, or that you have all authority and informed consent legally required to submit it. You may not submit another person's sample without their lawful authorization.

6.2 App Subscriptions

Biome app subscriptions purchased through Apple are billed and managed by Apple. Subscriptions renew automatically for the selected billing period unless canceled through your Apple Account before renewal. Canceling stops future renewals and does not automatically refund a completed charge. Refund eligibility is determined by Apple, and eligible requests may be submitted through Apple's Report a Problem service.

6.3 Supplement Products and External Retailers

The Service may display supplement products and links to independent retailers or brand websites. Biome does not manufacture, sell, dispense, ship, or fulfill those products.

Product information, including ingredients, serving information, warnings, certifications, availability, and price, may come from the manufacturer, retailer, or another data provider and may be incomplete or outdated.

A product listing, quality score, or search result does not mean that Biome has determined that a product, ingredient, or serving amount is safe, effective, or appropriate for you. Review the current product label and consult an independent clinician or pharmacist when appropriate.

Biome does not operate the external checkout or control payment, fulfillment, returns, or customer service. Purchases made through an external website are governed by that website's terms, privacy policy, return policy, and fulfillment practices. Biome may receive compensation for qualifying purchases made through certain links.

6.4 Refund Policy

Additional details are provided in our Cancellations, Refunds, and Returns Policy, which is incorporated into these Terms.

6.5 Your Genetic Data After Delivery

You own your biological sample and the genetic data derived from it. The license you grant Biome in Section 8 is limited to providing the Service.

If the Service lets you download your genetic data files, those files are yours to keep, use, upload, or share. Once you download or export your data, you are responsible for any subsequent use, upload, sharing, or analysis of it, including any use with third-party software, websites, or artificial-intelligence tools.

Biome does not endorse, validate, or control third-party tools or their outputs, and the cautions in Sections 5, 6.1, and 9 apply equally to any analysis of your data performed outside the Service. Biome is not responsible for identification, re-identification, or inferences about you or your biological relatives that result from data you share with a third party.

7. Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Transmit material that is threatening, abusive, harassing, defamatory, or otherwise objectionable
• Attempt to gain unauthorized access to any portion of the Service or its connected systems
• Interfere with or disrupt the operation of the Service
• Use automated tools such as scrapers, bots, or data mining software to access the Service
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or other harmful code
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Collect or harvest other users' information without their consent
• Use information obtained through the Service, including genetic information, to make decisions about another person's employment, insurance, housing, education, credit, healthcare, or access to other opportunities
• Use the Service to advertise or sell goods or services without our written permission

8. User Content

Information you submit through the Service may include sensitive personal, health, genetic, photographic, document, and communication data. Biome handles that information as described in the Privacy Policy. Biome does not treat health or genetic information as public or non-confidential merely because you submitted it through the Service.

You grant Biome a limited, non-exclusive license to host, copy, transmit, format, and otherwise process your content as reasonably necessary to provide requested features; operate, secure, maintain, and troubleshoot the Service; comply with your requests; enforce these Terms; and comply with applicable law. This license does not authorize Biome to publicly display your health information or sell your personal information.

You represent that you own or have the rights to any content you submit and that it does not violate any law or infringe the rights of any third party.

We may remove content that violates these Terms or applicable law. We may disclose information when legally required or when reasonably necessary to investigate a valid claim, protect rights or safety, or enforce these Terms, subject to the Privacy Policy and applicable law.

9. Artificial Intelligence

Biome uses artificial intelligence and other automated systems to generate informational responses, summarize information, identify patterns, classify content, and support other features.

AI output is generated automatically. No physician, clinician, or pharmacist reviews each message, response, summary, protocol, or other output before it is shown. Biome does not monitor conversations in real time.

AI output may be incomplete, inaccurate, misleading, outdated, biased, or inappropriate. It may misunderstand context, omit a contraindication, fail to identify an emergency, misread a document, image, laboratory result, or genetic file, invent facts or citations, confuse general scientific information with evidence from your own data, or fail to reflect ancestry, population, coverage-depth, imputation, or laboratory limitations. Plain-language or simplified response styles change presentation only; they do not change the accuracy or clinical status of a response.

Do not rely on AI output to diagnose a condition; select treatment; determine that a medication or supplement is safe; or start, stop, replace, or change a medication, supplement, treatment, or dose.

If you may be experiencing a medical emergency or are in immediate danger, call 911 or your local emergency services. If you are in the United States and experiencing suicidal thoughts or a mental-health crisis, call or text 988. Biome is not an emergency-response or crisis-monitoring service.

10. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal and health information. By using the Service, you acknowledge that you have received the Privacy Policy. Any consent required by applicable law for processing sensitive health information, genetic information, research, marketing, or another specific purpose will be requested separately.

11. Intellectual Property

The Service and its original content, features, and functionality are the exclusive property of Biome Health, Inc. and its licensors, protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or republish any content from the Service without our prior written consent. Any unauthorized use terminates the license granted herein.

12. Copyright Policy

We respect intellectual property rights and expect users to do the same. If you believe that copyrighted material has been used on the Service in a way that constitutes infringement, please send a notice to hello@biome.you with the following:

• A description of the copyrighted work you believe has been infringed
• Identification of the material on the Service that you believe is infringing
• Your contact information
• A statement that you have a good-faith belief that the use is not authorized
• A statement, under penalty of perjury, that your notice is accurate and that you are authorized to act on behalf of the copyright owner

13. Disclaimer of Warranties

For purposes of Sections 13 through 17, “Biome Parties” means Biome Health, Inc., its affiliates, and each of their respective current and former officers, directors, employees, agents, successors, and assigns. Each Biome Party is an intended third-party beneficiary of those Sections and may enforce them.

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied. Biome disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected. We make no warranties regarding the accuracy, reliability, or completeness of any content available through the Service.

Biome does not warrant that a wellness protocol, product listing or score, automated filter, health interpretation, or AI output is accurate, complete, or appropriate for a particular user. The absence of a warning or contraindication does not establish that an activity, product, medication, supplement, or dose is safe.

14. Limitation of Liability

15. Arbitration Agreement

Please read this section carefully. Except for the matters described below, it requires disputes to be resolved through binding individual arbitration instead of in court. Arbitration does not use a judge or jury, and court review of an arbitration award is limited.

15.1 Agreement to Arbitrate

You and the Biome Parties agree that any dispute, claim, or controversy arising out of or relating to the Service, these Terms, the Privacy Policy, or any product, content, or information made available through the Service will be resolved through binding individual arbitration, except for matters expressly excluded below. This agreement applies regardless of whether a claim arose before or after you accepted these Terms, to the extent permitted by applicable law.

The Federal Arbitration Act governs the interpretation and enforcement of this Section 15.

15.2 Informal Dispute Resolution

Before starting arbitration, the claimant must send the other party an individualized written notice describing the dispute and requested resolution. A notice to Biome must be emailed to hello@biome.you with the subject line “Notice of Dispute” and must include the claimant's name, the email address associated with the account, a description of the dispute, and the requested relief. Biome may send a notice to the email address associated with your account.

The parties will attempt in good faith to resolve the dispute for 30 days after receipt of a complete notice. Any applicable limitations period will be tolled during that 30-day period. This requirement does not prevent either party from bringing an eligible claim in small-claims court or requesting temporary court relief needed to prevent imminent harm while arbitration is pending.

15.3 Arbitration Opt-Out

You may opt out of this arbitration agreement by emailing hello@biome.you within 30 days after first accepting this version of the Terms. The email must use the subject line “Arbitration Opt-Out” and include your name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out will not affect the other provisions of these Terms or your access to the Service. An opt-out applies only to the person who submitted it.

15.4 Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) before one neutral arbitrator under the AAA Consumer Arbitration Rules in effect when the claim is filed. If the filing qualifies as a mass arbitration under the AAA Mass Arbitration Supplementary Rules, those supplementary rules also apply. If the rules conflict, the Mass Arbitration Supplementary Rules control for the mass arbitration.

Information about the AAA, its rules, and filing procedures is available at www.adr.org.

15.5 Fees, Hearing Format, and Location

Filing fees, administrative fees, arbitrator compensation, and other arbitration costs will be allocated under the applicable AAA fee schedule and applicable law. Biome will pay the amounts the AAA rules or applicable law require the business to pay.

The arbitration may proceed through document submissions, telephone, or video when permitted by the AAA rules. If an in-person hearing is required, it will occur at a location reasonably convenient for you unless the parties agree otherwise or the arbitrator determines another location is required under the AAA rules.

15.6 Small Claims and Temporary Court Relief

Either party may bring an eligible individual claim in small-claims court. Either party may also request temporary or preliminary injunctive relief from a court of competent jurisdiction when necessary to preserve the status quo or prevent imminent harm pending arbitration. Requesting that limited relief does not waive the right to arbitrate other claims.

15.7 Public Injunctive Relief

Nothing in these Terms waives a right to seek public injunctive relief to the extent that right cannot lawfully be waived. If applicable law prohibits arbitration of a request for public injunctive relief, that request may proceed in court, while all arbitrable claims and remedies remain subject to arbitration. A court, not an arbitrator, will decide whether this paragraph applies.

15.8 Questions About Arbitrability

Except for disputes concerning whether an arbitration agreement was formed, whether you timely opted out, the enforceability of the class-action waiver, or the application of Section 15.7, the arbitrator has exclusive authority to resolve disputes concerning the interpretation, applicability, enforceability, or scope of this arbitration agreement, including whether a claim is subject to arbitration.

15.9 If the AAA Cannot Administer

If the AAA is unavailable or declines to administer a dispute for a reason unrelated to Biome's failure to register or maintain its consumer arbitration clause, pay required fees, or comply with applicable AAA requirements, the parties will attempt to agree on another administrator. If they cannot agree, a court may appoint an arbitrator as permitted by the Federal Arbitration Act. If the AAA declines because of Biome's failure to register or maintain the clause, pay required fees, or comply with applicable AAA requirements, the claimant may pursue the dispute in a court of competent jurisdiction.

15.10 Arbitration Award

Subject to these Terms and applicable law, the arbitrator may award the individual relief that would be available in court. The arbitrator will provide a written decision explaining the essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction.

16. Class-Action and Jury-Trial Waiver

You and the Biome Parties agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, or representative proceeding.

Unless all affected parties agree in writing after a dispute arises, an arbitrator may not combine more than one person's claims, conduct a class or representative arbitration, or award relief for or against anyone who is not an individual party to the arbitration.

Administrative coordination under the AAA Mass Arbitration Supplementary Rules, assignment of multiple individual cases to the same arbitrator, or participation in a global mediation does not combine the claims. Each claim must still be decided on its individual merits.

This Section does not prevent a request for public injunctive relief from proceeding as provided in Section 15.7.

If a court makes a final determination that part of this Section cannot be enforced as to a particular claim or remedy, that claim or remedy will be severed and may proceed in court. All other claims and enforceable portions of this Section will remain subject to individual arbitration. No claim will proceed through class arbitration unless all affected parties expressly agree in writing after the dispute arises.

To the extent a dispute proceeds in court rather than arbitration, you and the Biome Parties waive any right to a jury trial to the maximum extent permitted by applicable law.

17. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless the Biome Parties from third-party claims, actions, liabilities, damages, judgments, settlements, losses, and reasonable costs and expenses, including attorneys' fees, arising out of or relating to:

1. your use or misuse of the Service, or your acts or omissions in connection with the Service, to the extent the claim concerns your conduct;
2. your use, disclosure, or distribution of information obtained through the Service for or to another person;
3. any content, data, document, photograph, or biological sample you submit, including a claim that you lacked the ownership, authority, permission, or consent required to submit it;
4. activity through your account resulting from your failure to safeguard your credentials;
5. your material violation of these Terms, an applicable law, or a representation or warranty you make under these Terms; or
6. your violation of another person's intellectual-property, privacy, publicity, confidentiality, or other rights.

Your duty to defend applies when the allegations, if proven, would fall within this Section, even if the allegations are disputed or the claim also alleges conduct by a Biome Party. The duty continues until the claim is finally resolved or it is finally determined that the claim is not covered by this Section.

Your indemnification obligation does not apply to the extent liability is finally determined to have resulted from the negligence, gross negligence, willful misconduct, fraud, or violation of law of a Biome Party.

Biome will provide reasonable notice of a covered claim. A delay in notice will relieve you of an obligation under this Section only to the extent the delay materially prejudices the defense. Biome may, at its option and at your expense, assume exclusive control of the defense, settlement, and selection of counsel. You will provide reasonable cooperation. You may participate with separate counsel at your own expense. You may not settle a covered claim in a manner that imposes liability, an admission, or a non-monetary obligation on a Biome Party without Biome's prior written consent.

If part of this Section cannot be enforced, it will be enforced to the maximum extent permitted by applicable law, and the remaining portions will remain in effect.

18. Governing Law and Court Venue

Except as otherwise required by applicable law, these Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. The Federal Arbitration Act governs Sections 15 and 16.

This choice of law does not deprive you of any consumer protection that cannot be waived under the law that would otherwise apply to you.

Except for an eligible small-claims action, a request permitted under Sections 15.6 or 15.7, or a matter for which applicable law requires a different forum, any court proceeding not subject to arbitration must be brought exclusively in the state courts located in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida, Miami Division. You and the Biome Parties consent to the personal jurisdiction of those courts.

19. Miscellaneous

Force Majeure

Biome shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, pandemics, or infrastructure failures.

Assignment

You may not assign or transfer these Terms or any rights granted hereunder. Biome may assign these Terms without restriction.

Severability

If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. Any waiver must be in writing and signed by an authorized representative of Biome.

Entire Agreement

These Terms and any policies expressly incorporated into them constitute the entire agreement between you and Biome concerning the Service and supersede prior agreements concerning that subject. The Privacy Policy describes Biome's data practices and is provided as a notice; acknowledging it does not convert it into a general consent to data processing.

Termination

Biome may suspend or terminate your access to all or part of the Service if Biome reasonably believes that you violated these Terms, created a security or legal risk, failed to pay an amount when due, misused the Service, or if Biome discontinues the affected Service. Biome may act immediately when reasonably necessary and will provide notice when practicable. Suspension or termination does not eliminate rights or obligations that accrued before termination or any refund or remedy required by applicable law.

Provisions that by their nature should survive termination will survive, including Sections 8 and 11 through 18.

20. Changes to These Terms

We may update these Terms from time to time and will update the “Last Updated” date when we do. For material changes, Biome will provide additional notice through the Service or by email where required. Biome may require you to affirmatively accept a material revision before continuing to use affected features. Continued use will not replace affirmative acceptance where applicable law or the nature of the revision requires renewed agreement.

A material change to Sections 15 or 16 will apply only after Biome provides notice and obtains any affirmative acceptance required for the revised provision. If you previously opted out of arbitration, a later revision will not revoke that opt-out unless you separately and affirmatively agree to arbitration.

21. Contact Information

If you have any questions about these Terms, please contact us at:

Biome Health, Inc.
131 Continental Dr, Suite 305
Newark, DE 19713
Email: hello@biome.you