Terms of Service

“Account” means the personal or business account created by a user on the Website or Platform to access the Services, manage pathology test submissions, receive AI-generated test insights, and process payments and has the meaning ascribed to it in clause 6.2.

“AI-Generated Content” means all insights, assessments, risk reports, pattern analyses, trend summaries, and interpretations automatically generated by AI systems as a preliminary tool, reviewed by healthcare professionals. AI is not used to generate dietary or lifestyle advice. This includes but is not limited to risk scores, biomarker interpretations, health trend analyses, and comparative assessments. AI-Generated Content is provided for informational and educational purposes only and does not constitute medical advice, diagnosis, or clinical interpretation.

“Anonymised Data” means pathology test results or other data that have been stripped of personally identifiable information and aggregated for research, quality assurance, or AI model training.

“Customer” means any individual or entity that registers for an Account and engages with the Services provided by the Company. The terms "you", "your", and "user" refer to any individual or entity that accepts this Agreement and accesses the Website, Platform, or Services.

“Laboratory Partner” means third-party pathology laboratories contracted by the Company to perform biomarker testing on behalf of users. The Company does not own or operate testing facilities.

“Large Language Model (LLM):” means a form of artificial intelligence trained on vast amounts of language data to generate human-like text, summaries, and predictions. LLMs used by the Platform generate health-related insights in natural language for informational purposes only and do not replace professional medical advice or clinical interpretation. LLMs are used only to assist in summarising test data. All insights and recommendations are developed by healthcare professionals.

"Panel" means a predetermined collection of biomarker tests offered as a package through the Platform. Panels may be modified, updated, or discontinued at the Company's discretion.

“Personal Data” means any information that identifies or relates to an individual user, including but not limited to name, contact details, pathology test results, payment information, and health-related data.

“Platform” means the AI-assisted analytics system operated by the Company and made available through the Website, which provides AI-assisted assessments, reviewed by healthcare professionals. The platform does not replace professional consultation. The Platform facilitates data extraction, pattern recognition, and risk scoring but does not constitute medical advice, a diagnostic tool, or a replacement for licensed healthcare professionals.

“Products” mean any deliverables provided by Biolume Health to the Customer under this Agreement, through the Platform in a variety of user preferred formats, including but not limited to the AI-generated test result assessments and risk reports made available through the Platform in various formats, including Excel, JSON, XML, Word, PDF, and graphical representations.

"Reference Range" means the standardised numerical ranges used by the Platform for biomarker interpretation, which may differ from individual laboratory reference ranges.

“Services” mean the provision of AI-assisted data analysis based on pathology test results, offered through the Platform. The Services include:

1. Processing and analysing pathology test data using AI-driven algorithms;
2. Generating automated risk estimates and predictive insights for informational purposes;
3. Providing a secure user interface for accessing test results;
4. Tracking general health trends;
5. Flagging any abnormal results identified during the automated processing and analysis of pathology test data using AI algorithms. Where applicable, system-generated notifications may advise the relevant user to seek medical advice from a licensed healthcare professional. References to a Chief Medical Officer (CMO) or medical oversight refer to automated protocols unless explicitly stated otherwise as part of a premium service involving human review.

The Services expressly exclude:

1. The provision of medical consultations, diagnoses, or treatments;
2. The provision of a definitive assessment or interpretation of test results by healthcare professionals;
3. The direct prescription of medication or medical interventions.

The Services utilise automated AI-driven algorithms as well as a review of results by qualified healthcare professionals before delivery. The platform uses AI to assist interpretation but not as a standalone tool. Diagnostic services are not provided.

"Source Document" means the original laboratory report provided by the testing laboratory, containing laboratory-specific reference ranges and methodologies.

“Terms” has the meaning ascribed to it in clause 3.1.

“Third-Party Software” means software, applications, and services provided by external entities that are integrated into the Platform for authentication, payment processing, data extraction, and AI-based analytics. This includes, but is not limited to:

1. (Auth0 – Identity verification and authentication services;
2. Stripe – Payment gateway for processing transactions;
3. (AWS Textract – Optical character recognition and data extraction services;
4. AI-based analytics models – Developed or integrated to generate pathology-related insights.

“Website” has the meaning ascribed to it in clause 3.1.

1. insights are generated with the assistance of AI to summarise and display test data. These insights are reviewed by healthcare professionals before being delivered to users. This is not a diagnostic service;
2. AI systems have significant limitations and may provide incorrect information;
3. AI-generated content is not medical advice and should not be relied upon for health decisions; and
4. you remain solely responsible for seeking appropriate medical care from qualified professionals.

1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our Website/Platform or the servers or networks that host our Website/Platform;
2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
3. interfere (or attempt to interfere) with security-related or other features of our Website/Platform; or
4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

1. AI systems may exhibit bias based on training data and may not accurately represent diverse populations;
2. AI cannot account for individual medical history, current medications, or personal circumstances not reflected in uploaded test data;
3. AI responses may be inconsistent when provided with identical or similar inputs;
4. AI cannot detect data entry errors or incorrect test results;
5. AI systems may misinterpret normal variations in biomarker levels as abnormal or concerning;
6. The AI system has no medical training and cannot provide clinical judgment or medical reasoning.

1. Pathology testing is performed by independent third-party laboratories over which the Company has limited control;
2. Testing quality, accuracy, and completeness depend on laboratory standards and procedures;
3. The Company cannot guarantee that all requested biomarkers will be successfully tested or reported;
4. Pre-analytical factors (sample collection, transport, storage) may affect test results;
5. Users should discuss any concerns about testing procedures with their healthcare provider.

1. The pathology testing service is unavailable or cannot be completed due to laboratory or operational issues;
2. The Company determines, in its sole discretion, that a refund is warranted due to an error in service delivery.
3. Users shall not be entitled to a refund on the basis of disagreement with AI-generated test results or AI-generated analyses.

1. Available test Panels may change based on laboratory partnerships, scientific developments, or business decisions
2. New Panels may be added to enhance service offerings
3. Existing Panels may be modified to reflect current best practices
4. Users will be notified of significant changes through the Platform or email communication

1. Users may request a partial refund equivalent to the proportional cost of the missed biomarker
2. Refund requests must be submitted within 30 days of receiving test results
3. The Company will verify the omission with the Laboratory Partner before processing refunds
4. Refunds will be processed using the original payment method within 14 business days of approval

1. Not all tested biomarkers may be displayed in graphical, or trend analyses
2. Biomarkers may be excluded from visual displays if there is no universally accepted Reference Range
3. Biomarkers with highly variable or contextual interpretation requirements may not be suitable for automated graphical representation
4. The complete original laboratory report will always be made available to users regardless of display limitations.

1. Reference ranges may vary between different laboratories due to equipment, methodologies, and population demographics;
2. The Platform uses standardised Reference Ranges for consistency across multiple Laboratory Partners;
3. Individual laboratory Reference Ranges may differ from those displayed on the Platform; and
4. Users should refer to their original laboratory report for laboratory-specific Reference Ranges.

1. The Platform utilises standardised Reference Ranges rather than individual laboratory ranges to enable:
   1. Consistent trend analysis across different laboratories
   2. Meaningful comparison of results over time
   3. Unified AI-driven analysis regardless of testing laboratory
2. Original laboratory reports with laboratory-specific Reference Ranges will always be provided to users
3. Users must consult their original laboratory reports and healthcare providers for interpretation using laboratory-specific Reference Ranges
4. Discrepancies may exist between Platform standardized ranges and individual laboratory ranges.

1. By accessing and using the Platform, users consent to the collection, storage, and processing of their personal information, including pathology test results, in accordance with the Privacy Policy.
2. The Company utilises AI-driven algorithms to analyse pathology test data, generate predictive insights, and assess risk factors. Users acknowledge and agree that their data may be processed in an automated manner for these purposes.

1. The Company may anonymise pathology test results and aggregate such data for research, quality improvement, and AI training purposes. Anonymised data shall be stripped of personally identifiable information and shall not be capable of re-identification.
2. The Company shall take reasonable measures to ensure that anonymised data remains secure and protected from unauthorized access, disclosure, or misuse.

1. Users acknowledge that their pathology test data may be disclosed to third-party service providers, including licensed pathology laboratories and medical practitioners, strictly for the purpose of processing test results and conducting medical reviews where applicable.
2. The Company does not sell, distribute, or share personal health data with third parties for marketing or commercial purposes.
3. (Users retain the right to request the deletion of their personal information in accordance with the Privacy Policy and applicable data protection laws.

1. Subject to your compliance with these Terms and payment of all applicable fees, Biolume Health grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Biolume Health Content exclusively in connection with your permitted use of the Platform and strictly for your personal, non-commercial and internal business purposes.
2. Subject to your compliance with these Terms and payment of all applicable fees, Biolume Health grants you a limited non-exclusive, non-transferable, non-sublicensable license to utilise the Platform on a computer that you own or control and to run the Platform strictly for your own personal non-commercial purposes.
3. The licenses granted by Biolume Health shall be valid for the duration of their valid payment period and shall cease thereafter.
4. Copying of the Platform is restricted, except for creating a reasonable number of copies for backup or archival purposes. Unless expressly permitted under these Terms, you are restricted from: (i) copying, modifying or creating derivative works (ii) distributing, transferring, sublicensing, leasing, lending or renting the Platform to any third party; (iii) reverse engineering, decompiling or disassembling the Platform; or (iv) making the functionality of the Platform available to multiple users through any means. Biolume Health retains all rights in and to the Platform that are not expressly granted to you under these Terms.
5. In providing you with Services we have integrated Third-Party Software into Biolume Health. By using the Services or the Platform you indirectly use the Third-Party Software thereby agreeing and accepting to be bound by Third-Party Software provider terms and conditions. It is your responsibility to read and understand the terms and conditions set forth by the Third-Party Software provider. These Terms constitute the agreement solely between you and Biolume Health. The Terms in no event, extend to, or involve the Third-Party Software provider.
6. We disclaim any liability for any IPR violation on Third-Party Software and errors or issues that might occur in the Platform which may disrupt or suspend the Services provided by Biolume Health.

1. Post, upload, publish, submit or transmit any User Content that:
   1. infringes, misappropriates or violates a third party’s IPR including patents, copyrights, trademarks, trade secrets, moral rights or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
   2. is fraudulent, false, misleading or deceptive;
   3. is defamatory, obscene, pornographic, vulgar or offensive;
   4. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
   5. is violent or threatening or promotes violence or threatening actions to any person or entity; or
   6. promotes illegal or harmful activities or substances;
2. access, tamper with, or use non-public areas of the Services, Biolume Health’s computer systems, or the technical delivery systems of Biolume Health’s Third-Party Software providers;
3. attempt to probe, scan or test the vulnerability of any Biolume Health system or network or breach any security or authentication measures;
4. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Biolume Health or any of Biolume Health’ Third-Party Software providers or any other third party (including another user) to protect the Services or Biolume Health Content;
5. attempt to access or search the Services or Biolume Health Content or download Biolume Health Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Platform and/or search engines provided by Biolume Health or other generally available third party web browsers;
6. use the Services or Biolume Health Content, or any portion thereof, for any commercial purpose, for the benefit of any third party or in any manner not permitted by these Terms;
7. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Biolume Health Content;
8. interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
9. collect or store any Personal Information from the Services from other users of the Services without their express permission;
10. impersonate or misrepresent your affiliation with any person or entity;
11. violate any applicable law or regulation; or
12. encourage or enable any other individual to do any of the aforementioned activities.

1. Personal Information is stored and processed only for the purposes set forth in this Agreement and in accordance with Biolume Health’s Privacy Policy;
2. access to Personal Information is restricted only to Biolume Health employees, consultants, advisers, contractors and other third parties who need such access to perform Services under this Agreement or the Privacy Policy;
3. all employees, consultants, advisers, contractors and other third parties with access to User Content are subject to confidentiality obligations at least as protective as those in this Agreement;

1. All pathology testing and medical services facilitated through the Platform are provided by independent third-party providers. Biolume Health does not own, operate, or control these providers and is not responsible for their pricing, policies, or service quality.
2. While Biolume Health may facilitate access to pathology services, users are free to choose any provider and are not required to use specific laboratories to access Biolume Health’s AI-driven insights.
3. Biolume Health does not provide medical referrals, recommendations, or diagnoses. Users remain solely responsible for consulting a qualified healthcare professional regarding test results and any medical concerns. While no diagnosis is provided, results are reviewed by healthcare professionals. Lifestyle and dietary guidance is developed by appropriately qualified practitioners.
4. To the maximum extent permitted by law, Biolume Health disclaims all liability for any errors, omissions, or negligence by third-party laboratories or healthcare providers.

1. errors, mistakes or inaccuracies on the Website and/or Platform and/or Services or our social media pages;
2. you acting or not acting, on any information contained on or referred to on the Website and/or Platform and/or Services or any linked website or our social media pages;
3. personal injury or property damage of any nature resulting from your access to or use of the Website and/or Platform and/or Services;
4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
5. any interruption or cessation of transmission to or from the Website and/or Platform;
6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website and/or Platform by any third party; and/or
7. the quality of the Third-Party Software including any software or service of any linked sites.

1. The parties shall jointly appoint a single mediator within [7] days of the Notification.
2. If the parties fail to agree on the appointment of a mediator within this period, the mediator shall be nominated by the Australian Commercial Disputes Centre (ACDC) upon the written request of either party.

1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

1. We may assign or transfer our rights and obligations under the Agreement to another entity but we will always notify you by posting on this Website if this happens.
2. You must not assign or transfer your rights or your obligations under the Agreement to any third party.