Terms of Service

Biometrica (Pty) Ltd Republic of South Africa Effective Date: [Insert Date] Last Updated: [Insert Date]

1. Acceptance of Terms

By downloading, installing, registering for, accessing, browsing, or otherwise using the Biometrica platform, website, and related services (collectively, the "Platform"), you confirm that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms").

These Terms constitute a binding agreement between you and Biometrica (Pty) Ltd ("Company", "we", "us", or "our"). If you do not agree with any provision of these Terms, you must immediately discontinue use of the Platform.

Your continued use of the Platform following any modification to these Terms will constitute your acceptance of such revised Terms. We encourage all users to review these Terms periodically.

2. Definitions

  • Platform — the Biometrica website, progressive web application, and all related services.
  • User / you — any individual who accesses or uses the Platform.
  • Content — all text, data, files, images, documents, analytics, insights, and other materials available through or generated by the Platform.
  • User Content — any data, files, documents, or information you submit, upload, or provide to the Platform.
  • Subscription — a recurring paid plan granting access to Platform features.

3. Company Information

In accordance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") Section 43, the following information is provided:

  • Full Name: Biometrica (Pty) Ltd
  • Registration Number: [Insert Registration Number]
  • Physical Address: [Insert Physical Address]
  • Email: [Insert Contact Email]
  • Website: [Insert Website URL]
  • Information Officer: [Insert Name]

4. Nature and Scope of Service

The Platform provides automated wellness analytics and performance insights generated from user-provided data and authorised third-party integrations.

4.1 What the Platform Provides

  • Informational and educational wellness insights based on biomarker data
  • Automated dashboards, scores, summaries, trend analyses, and visualisations
  • AI-generated wellness recommendations and action plans
  • OCR processing of uploaded blood test documents
  • Integration with third-party fitness and wellness platforms
  • Personal health data tracking and logging tools

4.2 What the Platform Does NOT Provide

The Platform:

  • Does not provide medical advice. No information made available through the Platform should be interpreted as medical advice, healthcare guidance, diagnosis, or treatment recommendation.
  • Does not offer medical consultations. The Platform does not provide access to doctors, nurses, therapists, dieticians, or any registered healthcare professionals.
  • Does not interpret laboratory tests. The Platform does not review, validate, or clinically interpret pathology reports, blood tests, imaging scans, genetic data, or other clinical diagnostics. Data entered by users is processed solely for automated pattern recognition and trend analysis.
  • Does not diagnose, treat, cure, or prevent any disease. The Platform does not identify illnesses, medical conditions, or health disorders. It does not recommend medications, supplements, treatment plans, or clinical interventions.
  • Is not a healthcare provider. Biometrica (Pty) Ltd is not registered with the Health Professions Council of South Africa ("HPCSA") or any equivalent regulatory authority. The Platform does not operate as a hospital, clinic, or medical institution.

5. Medical Disclaimer

IMPORTANT — PLEASE READ CAREFULLY

5.1 Informational Purpose Only

The Platform provides automated wellness analytics, performance insights, summaries, dashboards, visualisations, and trend analyses generated through algorithmic processing of user-submitted or authorised third-party data. These outputs are intended solely for general informational and educational purposes to support personal awareness of wellness patterns.

5.2 No Medical Advice

No content, insight, score, summary, recommendation, or output generated by the Platform constitutes medical advice, diagnosis, or treatment recommendation. Use of the Platform does not create any doctor-patient, clinician-patient, therapist-client, or other healthcare professional relationship between you and the Company.

5.3 Professional Consultation Required

The Platform is not a replacement for consultation with qualified healthcare professionals. You should always seek professional medical advice before making any health-related decisions. Do not disregard professional medical advice or delay seeking it because of information obtained through the Platform.

5.4 No Diagnosis, Treatment, or Test Interpretation

The Platform does not:

  • Diagnose medical conditions, diseases, disorders, or health abnormalities
  • Prescribe medication, recommend supplements, suggest treatment plans, or provide therapeutic interventions
  • Clinically interpret blood tests, pathology reports, imaging results, genetic testing, or any other diagnostic documentation

5.5 OCR and AI Processing Limitations

  • OCR-parsed results from uploaded documents may contain extraction errors
  • AI-generated insights are produced by automated systems and may be influenced by incomplete, inaccurate, or inconsistent data
  • Reference ranges displayed are general population ranges and are not personalised medical thresholds
  • No human clinical review occurs in relation to individual user outputs

5.6 Not for Emergency Use

The Platform is not designed to respond to medical emergencies or urgent health situations. If you believe you are experiencing a medical emergency, immediately contact emergency services or a qualified healthcare professional.

  • South Africa Emergency: 10111 (Police) / 10177 (Ambulance)
  • International: Contact your local emergency services

6. User Eligibility and Responsibilities

6.1 Age Requirement

You must be at least 18 years of age to use the Platform. The Platform is intended solely for adults who possess the legal capacity to enter into binding agreements under applicable law.

6.2 Accurate Information

The accuracy and usefulness of analytics depend on the integrity of the data you provide. Providing inaccurate, incomplete, or misleading information may result in incorrect outputs. You are responsible for the accuracy of data you submit.

6.3 Account Security

You must maintain the confidentiality of your login credentials and ensure that access to your account is restricted to you. You are responsible for all activities conducted under your account. Notify us immediately of any unauthorised use.

6.4 Lawful Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms.

7. Acceptable Use Policy

You may not:

  • Use the Platform for any unlawful purpose or in violation of any applicable law
  • Attempt to reverse engineer, decompile, disassemble, or derive the source code of the Platform
  • Interfere with or disrupt the Platform's infrastructure, security, or integrity
  • Attempt to gain unauthorised access to any systems, accounts, or data
  • Scrape, mine, or extract data from the Platform using automated means without authorisation
  • Use the Platform for commercial purposes without written consent
  • Upload malware, viruses, or other harmful content
  • Impersonate another person or entity
  • Engage in behaviour that places excessive load on our infrastructure
  • Reproduce, distribute, or create derivative works of Platform content without authorisation
  • Use Platform outputs to provide medical or health advice to third parties

Violation of this section may result in immediate account suspension or termination.

8. Subscription and Payment Terms

8.1 Plans and Pricing

The Platform offers subscription plans as displayed on our pricing page. Prices are listed in South African Rand (ZAR) and may be subject to change.

8.2 Billing and Auto-Renewal

Subscriptions are billed on a recurring basis (monthly or annually, as selected). Your subscription will automatically renew at the end of each billing period unless cancelled before the renewal date.

8.3 Price Changes

We will provide at least 30 days' notice before any price increase takes effect. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

8.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No pro-rated refunds are provided for partial billing periods, except where required by law.

8.5 Free Trials

If offered, free trials convert to paid subscriptions at the end of the trial period unless cancelled. We will notify you before conversion.

8.6 Cooling-Off Period

In accordance with the Consumer Protection Act 68 of 2008 ("CPA") and ECTA Section 44, you may cancel your subscription within 5 (five) business days of initial purchase for a full refund, provided you have not materially used the Platform's premium features during that period.

8.7 Failed Payments

If a payment fails, we may retry the charge and/or suspend access to premium features until payment is resolved. We will notify you of any payment issues.

8.8 Taxes

You are responsible for any applicable taxes associated with your subscription, except where we are required to collect and remit taxes on your behalf.

9. User Content and Intellectual Property

9.1 Your Content

You retain ownership of all User Content you submit to the Platform, including uploaded documents, manual data entries, and profile information.

9.2 License Grant

By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free licence to use, process, store, display, and analyse your User Content solely for the purpose of providing and improving the Platform's services to you.

9.3 De-identified Data

You agree that we may de-identify and aggregate your data for the purposes described in our Privacy Policy, including improving our algorithms and generating anonymised research insights. De-identified data cannot be traced back to you.

9.4 Company Intellectual Property

The Platform, including its design, code, algorithms, branding, logos, and all non-user content, is the intellectual property of Biometrica (Pty) Ltd and is protected by applicable copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of any Company intellectual property without prior written consent.

9.5 Feedback

If you provide suggestions, ideas, or feedback about the Platform, you grant us a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without obligation to you.

10. Third-Party Integrations

10.1 User Control

When connecting third-party accounts (e.g., Strava, Garmin), you grant specific permissions through that provider's authorisation interface. You may revoke these permissions at any time via the third-party platform or your Platform settings.

10.2 Third-Party Terms

Your relationship with third-party providers remains governed by their own terms of service and privacy policies. We encourage you to review those policies carefully.

10.3 No Responsibility for Third Parties

The Company is not liable for:

  • Outages, API changes, service disruptions, or policy changes from third-party platforms
  • The accuracy, completeness, or reliability of data received from third-party providers
  • Actions taken by third-party providers regarding your data or account

10.4 Integration Availability

We reserve the right to modify, suspend, or discontinue any integration if required by technical, legal, or operational considerations.

11. Automated Processing and AI Disclosure

11.1 Automated Outputs

The Platform utilises automated systems and AI models to generate analytics, insights, and recommendations. All outputs are produced through software models using pattern recognition, statistical processing, and data analysis techniques.

11.2 No Human Clinical Review

No licensed healthcare professional reviews, verifies, or confirms the outputs generated for individual users. AI-generated content may contain errors or inaccuracies.

11.3 No Legally Significant Decisions

The Platform does not make automated decisions that produce legal effects or similarly significant consequences affecting employment, insurance eligibility, creditworthiness, or legal rights.

11.4 AI Processing Partner

Our AI processing partner processes data on our behalf to generate insights. No user data is permanently stored by our AI processing partner — data is processed in-flight only. For more details, see our Privacy Policy.

12. Warranty Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

To the maximum extent permitted by applicable law, the Company disclaims all warranties, whether express, implied, or statutory, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Platform will be uninterrupted, error-free, or free of harmful components
  • Warranties regarding the accuracy, completeness, reliability, or timeliness of any content or output
  • Warranties that defects will be corrected

You use the Platform at your own risk. You assume full responsibility for any decisions made based on Platform outputs.

Note: Where the Consumer Protection Act applies, certain implied warranties cannot be excluded. Nothing in these Terms is intended to limit your rights under the CPA to the extent that they cannot be lawfully limited.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

  • No liability for health outcomes. You accept full responsibility for decisions made based on Platform insights and acknowledge that health-related decisions should involve qualified professionals.
  • No liability for reliance on outputs. You agree that the Platform provides informational tools only and that you assume responsibility for interpreting and applying analytics.
  • Exclusion of indirect damages. The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of income, reputational damage, business interruption, or opportunity costs.
  • Liability cap. Where liability cannot be legally excluded, the Company's total aggregate liability shall be limited to the amount you have paid to the Company in the 12 months preceding the claim.

Where the CPA applies, nothing in these Terms excludes liability that cannot be lawfully excluded under South African consumer protection law.

14. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

  • Your use of the Platform
  • Your breach of these Terms
  • Your violation of any applicable law
  • Your User Content
  • Any third-party claims related to your use of the Platform

This indemnification obligation survives termination of these Terms.

15. Service Modification and Suspension

15.1 Modifications

We reserve the right to modify, update, or discontinue any feature or aspect of the Platform at any time. For material changes that adversely affect your use, we will provide reasonable notice where practicable.

15.2 Suspension

We may temporarily suspend access to the Platform for maintenance, security, or operational reasons. We will endeavour to provide advance notice of planned maintenance.

15.3 Discontinuation

If we discontinue the Platform entirely, we will:

  • Provide at least 30 days' notice
  • Allow you to export your data during the notice period
  • Provide pro-rated refunds for any unused prepaid subscription period

16. Termination

16.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Upon termination:

  • Your access to the Platform will cease immediately
  • Your personal data will be deleted within 30 days, subject to lawful retention requirements
  • You may request a copy of your data before termination (data portability)

16.2 Termination by Us

We may suspend or terminate your account if:

  • You materially breach these Terms
  • You fail to pay subscription fees
  • Required by law or regulatory order
  • Your use poses a security risk to the Platform or other users

We will provide notice and an opportunity to remedy the breach where reasonable, except in cases of serious misconduct or legal obligation.

16.3 Effect of Termination

Upon termination:

  • All licences granted to you under these Terms cease
  • You must discontinue use of the Platform
  • Sections that by their nature should survive (including IP rights, limitation of liability, indemnification, dispute resolution, and governing law) will survive termination

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at [Insert Contact Email] to attempt to resolve the dispute informally. We will endeavour to resolve disputes within 30 days of notification.

17.2 Mediation

If informal resolution is unsuccessful, either party may refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa ("AFSA") or an equivalent body. The mediation shall take place in [Insert City], South Africa.

17.3 Arbitration

If mediation is unsuccessful within 30 days, the dispute shall be referred to and finally resolved by arbitration under AFSA rules. The arbitration shall be conducted by a single arbitrator in [Insert City], South Africa, in English.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.4 Exceptions

Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction where necessary to prevent irreparable harm.

17.5 Class Action Waiver

To the maximum extent permitted by law, all disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

18. Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, acts of government, internet or telecommunications failures, cyberattacks, power outages, labour disputes, or third-party service failures.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including:

  • The Consumer Protection Act 68 of 2008 ("CPA")
  • The Protection of Personal Information Act 4 of 2013 ("POPIA")
  • The Electronic Communications and Transactions Act 25 of 2002 ("ECTA")

Subject to the dispute resolution provisions in Section 17, any disputes shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

20. Regional Addenda

20.1 European Economic Area (GDPR)

If you are located in the EEA, you have additional rights under the General Data Protection Regulation, as described in our Privacy Policy. Where any provision of these Terms conflicts with your mandatory rights under GDPR, the GDPR shall prevail.

20.2 United States — California (CCPA/CPRA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act, as described in our Privacy Policy. We do not sell your personal information.

20.3 Consumer Protection

Where mandatory consumer protection laws of your jurisdiction provide you with rights that cannot be waived or limited by contract, nothing in these Terms is intended to limit those rights.

21. General Provisions

21.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Company regarding your use of the Platform.

21.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

21.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

21.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

21.5 Notices

Notices to you may be sent via email to the address associated with your account or through in-app notifications. Notices to us should be directed to [Insert Contact Email].

22. Contact Information

Biometrica (Pty) Ltd

  • Email: [Insert Contact Email]
  • Physical Address: [Insert Physical Address]
  • Company Registration Number: [Insert Registration Number]
  • Information Officer: [Insert Name]
  • Website: [Insert Website URL]