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. 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. 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 reserve the right to suspend or terminate accounts, remove content, or cancel orders at our sole discretion.

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. Healthcare Services Disclaimer

BIOME DOES NOT PROVIDE MEDICAL ADVICE. The information, content, and services provided through our platform are for informational and administrative purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment. Always consult your physician or other qualified health provider with questions about a medical condition. Never disregard professional medical advice or delay seeking it because of something you accessed through the Service.

Clinical services available through the platform are provided by independently licensed healthcare providers. Prescriptions and treatment recommendations are made solely by those providers based on their clinical judgment.

In a medical emergency, call 911 or your local emergency services immediately. Do not use the Service for emergency medical needs.

6. Pharmacy and Product Fulfillment

6.1 Third-Party Pharmacy Services

Medications prescribed through the Service are dispensed by independent, state-licensed pharmacies over which Biome has no ownership or operational control. By using the Service, you acknowledge that:

• Purchases of medications are governed by the applicable pharmacy's terms and conditions
• Biome does not make representations or warranties regarding the safety, efficacy, or quality of products dispensed by third-party pharmacies
• You assume the risks associated with use of any products obtained through these pharmacies
• You retain the right to have any prescription filled at a pharmacy of your choosing

6.2 Orders, Cancellations, and Refunds

You may cancel an order at any time before your prescription is submitted to our partner pharmacy for fulfillment. If canceled before that point, you will not be charged (though a temporary authorization hold may appear on your payment method).

For health and safety reasons, all sales of prescription medications are final once the product has been processed and shipped. In accordance with pharmacy regulations, we cannot accept returns or issue refunds for shipped medications.

6.3 Damaged or Incorrect Shipments

If you receive a product that is damaged, defective, or incorrect, contact us within seven (7) days of receipt at hello@biome.you. We will arrange for a replacement at no additional cost at our discretion. We may require photographic documentation of the issue before processing a replacement.

6.4 Treatment Availability

All treatment plans are subject to medication availability, supply chain conditions, and regulatory factors beyond our control. If we are unable to fulfill a treatment plan due to supply shortages or other external factors, you will not be charged for the unfilled order. You may request another consultation to explore alternative treatment options.

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 the Service to advertise or sell goods or services without our written permission

8. User Content

Any content you submit through the Service (including health information, messages, feedback, and other materials) is considered non-confidential except as protected under our Privacy Policy. By submitting content, you grant Biome a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content as necessary to operate and improve the Service.

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 reserve the right to remove any user content at our discretion and to disclose your identity to any third party who claims that content you posted violates their rights.

9. Use of Artificial Intelligence

Biome uses artificial intelligence (“AI”) technologies to enhance the Service. This includes using AI to generate health insights and wellness recommendations, analyze health data, assist with user inquiries, improve the Service, and enhance security.

By using the Service, you acknowledge that AI-generated content may not always be complete or accurate. AI-generated information is not a substitute for professional medical advice. All clinical decisions, including prescriptions and treatment plans, are made by licensed healthcare providers with appropriate human oversight.

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 consent to our data practices as described in the Privacy Policy.

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

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.

14. Limitation of Liability

To the fullest extent permitted by law, Biome Health, Inc., its officers, directors, employees, agents, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses, resulting from:

• Your use of or inability to use the Service
• Unauthorized access to or alteration of your data or transmissions
• Any interruption or cessation of the Service
• Errors, inaccuracies, or omissions in any content
• Any third-party conduct or content on the Service
• Any bugs, viruses, or similar harmful components transmitted through the Service
• Personal injury or property damage arising from your use of the Service

In no event shall Biome Health, Inc.'s total liability to you exceed the greater of the amount you have paid to us in the twelve (12) months preceding the event giving rise to liability, or one hundred dollars ($100.00).

15. Arbitration Agreement

By using the Service, you agree that any dispute, claim, or controversy between you and Biome arising out of or relating to these Terms, the Privacy Policy, or your use of the Service shall be resolved through binding individual arbitration rather than in court, except that: (1) either party may bring claims in small claims court if they qualify, and (2) either party may seek injunctive relief in court to protect intellectual property rights.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator may award the same damages and relief on an individual basis as a court would, including injunctive and declaratory relief and statutory damages.

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its then-current rules, including the AAA's procedures for consumer disputes. Filing, administration, and arbitrator fees are governed by AAA rules. Information is available at www.adr.org.

16. Class Action Waiver

You and Biome agree that any proceedings to resolve disputes will be conducted solely on an individual basis. Neither party will seek to have any dispute heard as a class action, representative action, collective action, private attorney general action, or in any proceeding in which either party acts or proposes to act in a representative capacity. The arbitrator may not consolidate claims of more than one person without the written consent of both parties.

17. Indemnification

You agree to defend, indemnify, and hold harmless Biome Health, Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including intellectual property or privacy rights; or (iv) any content you submit through the Service. This obligation survives termination of these Terms.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the federal and state courts located in Delaware.

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 our Privacy Policy constitute the entire agreement between you and Biome regarding the Service, superseding any prior agreements.

Termination

We may suspend or terminate your access to the Service at any time, for any reason, without notice or liability. All provisions that should reasonably survive termination will survive, including intellectual property, warranty disclaimers, indemnification, and limitation of liability.

20. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on the Service and updating the “Last Updated” date. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

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