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These Terms of Service (the "Terms") are a binding contract between you (the "User," "you," or "your") and BioSport, Inc., a Delaware corporation ("BioSport," "we," "us," or "our"). The Terms govern your access to and use of: (a) our website at www.thebiosport.com (the "Website"); (b) our mobile applications for iOS and Android (the "App"); (c) any hardware, kits, or devices we sell or ship to you; and (d) any related products, integrations, marketplace, AI coaching, telehealth, or genetic services we provide (together, the "Services"). By creating an account or using the Services, you confirm you have read, understood, and agreed to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
You may use the Services only if you:
Depending on your subscription tier and country, the Services may include:
READ CAREFULLY. Except when you are interacting with a licensed clinician through our Telehealth Services, the content and outputs of the Services are for general informational and educational purposes only. They are not a substitute for professional medical advice, diagnosis, treatment, or emergency care. The Services have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) or any equivalent foreign regulator as a medical device, and they are not intended to diagnose, treat, cure, or prevent any disease. Always consult a qualified health professional with any questions about a medical condition. Never disregard or delay professional medical advice because of something you read or received via the Services. If you believe you are having a medical emergency, call your local emergency number (such as 911 in the United States) immediately.
Recommendations relating to training load, strain, recovery, performance, or athletic readiness are general suggestions, not prescriptions. Strenuous activity carries risks including injury, cardiac events, heatstroke, and dehydration. You are responsible for evaluating your own fitness for activity and consulting a clinician before beginning, intensifying, or resuming a training program, particularly if you have any cardiovascular, respiratory, musculoskeletal, metabolic, or other medical condition.
Cycle tracking, fertility predictions, pregnancy markers, and related features are not a contraceptive method, not a medical diagnostic, and not a substitute for medical advice from a qualified clinician. They are statistical estimates based on the data you provide and physiological signals from connected devices, and they may be inaccurate. Do not rely on the Services to prevent pregnancy, confirm pregnancy, or detect or rule out any pregnancy- or reproductive-related condition. Always consult a healthcare provider.
Any mood, mindfulness, journaling, or stress-related features are wellness tools, not therapy or treatment for any mental-health condition. They are not a substitute for care from a licensed mental-health professional. If you are experiencing thoughts of self-harm or suicide, please contact a crisis line or emergency services immediately (in the U.S., call or text 988; in the UK, call 116 123).
You must provide accurate, complete, and current information. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us promptly at security@thebiosport.com if you suspect unauthorized access.
We may require multi-factor authentication for high-risk actions, including access to genetic data, telehealth booking, and financial transactions.
Accounts are personal and non-transferable. Do not share your credentials. Use the in-app sharing controls to give access to a family member, coach, or caregiver.
The Services are offered through a mix of free and paid subscription tiers, one-time purchases (including hardware and genomic sequencing), and marketplace transactions. Current plans and pricing are shown at www.thebiosport.com/pricing and inside the Services. Plans may vary by country.
Paid subscriptions are billed in advance (monthly or annually) and renew automatically at the end of each billing cycle until cancelled. You authorize us, or our payment processor, to charge your payment method on file. Keep your payment information current.
Fees are exclusive of taxes, duties, and similar government charges, which will be added where applicable.
We may offer free trials of paid features. Unless otherwise stated, your selected paid plan begins automatically at the end of the trial period and will be charged to your payment method. You can cancel before the trial ends to avoid being charged. Free trials are limited to one per person and per household; we may verify eligibility and decline duplicate trials.
Promotional codes and gift subscriptions are non-transferable, may not be combined with other offers unless stated, may expire, and are void where prohibited. We may invalidate codes that are obtained, used, or distributed in violation of these Terms or applicable law.
You can cancel a subscription at any time inside the Services or by contacting support. Cancellation takes effect at the end of the current billing cycle. Except where required by consumer-protection law, fees already paid are non-refundable. EU and UK consumers have a 14-day right of withdrawal for distance-sold subscriptions, except that for digital services delivered immediately you may waive this right when performance begins. California residents may use our one-step in-app cancellation as required by the California Automatic Renewal Law.
We may change prices for future billing periods. We will give at least thirty (30) days' notice of any material change and the chance to cancel before the new price applies.
Where you purchase hardware or a sample-collection kit from us (including a Whole Genome Sequencing kit, a saliva or blood-spot kit, or any other physical product), the following terms apply in addition to the general Terms:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use — or, where you access the Services through your employer's corporate wellness program, in line with the applicable Enterprise Terms.
From time to time, we may make certain features available on a beta, alpha, preview, or experimental basis ("Beta Features"). Beta Features are clearly labelled and:
Your use of Beta Features is voluntary. By enrolling, you agree to the additional terms shown when you opt in.
You keep all rights in the content you submit, upload, or generate through the Services, including health data, journal entries, photos, voice recordings, and (where you participate in genetic services) your sequencing results ("User Content"). You grant us a worldwide, royalty-free, non-exclusive license to host, store, copy, transmit, display, adapt, and process User Content only to the extent needed to operate, secure, and improve the Services, deliver them to you, and comply with the law. We do not sell your User Content.
We may create aggregated, de-identified datasets from User Content and use them for research, analytics, model training, and service improvement. These datasets do not identify you and are not subject to the obligations in these Terms that apply to personal information. We do not use your identifiable personal information, voice recordings, or genetic data to train general-purpose foundation models or share them with third-party model providers for training. You can turn off the use of your de-identified data for model improvement in the in-app Privacy Centre.
By using voice features, you consent to the recording, transcription, and processing of your voice and audio inputs to provide the AI coaching feature. Where voice characteristics are used for speaker verification or voiceprint matching, we will obtain your separate written consent before doing so, as required by laws such as the Illinois Biometric Information Privacy Act (BIPA) and equivalent state laws. You can delete your voice history and disable voice features at any time.
We may from time to time invite you to participate in research studies sponsored or conducted by BioSport or by approved academic, clinical, or commercial partners. Research participation is strictly opt-in: nothing about your regular use of the Services entails participation in research. If you opt in:
You confirm you have all rights necessary to submit your User Content and that it does not infringe any third-party right or violate any law.
Your use of the Services is governed by our Acceptable Use Policy, which is part of these Terms. You may not, for example:
The Services connect with third-party platforms (such as Apple Health, Google Fit, Apple HealthKit, Google Health Connect, Ultrahuman, Oura, Whoop where supported, Fitbit, Garmin, Samsung Health, payment processors, labs, and telehealth providers). Your use of those platforms is governed by their own terms and privacy policies, and we are not responsible for their acts or omissions.
If you download the App from the Apple App Store: these Terms are between you and BioSport only, not with Apple. Apple is not responsible for the App or its content. Your license to the iOS App is limited to use on Apple-branded devices you own or control. Apple has no obligation to provide maintenance or support for the App. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you download the App from Google Play, your use is also subject to the Google Play Terms of Service. You acknowledge that Google is not a party to these Terms and has no obligation to provide support for the App.
Where you access telehealth through the Services, those clinical services are provided by independently licensed clinicians in your jurisdiction under our Telehealth Policy. BioSport does not practice medicine; we provide the technology platform through which clinicians provide care. Clinicians are responsible for their own clinical judgement; BioSport is not liable for their acts or omissions to the extent permitted by law.
Products and services offered through our marketplace may be sold by us, third-party sellers, or partners. Marketplace transactions are governed by our Marketplace & E-commerce Terms.
The Services, including all software, AI models, content, design, trade marks, and trade dress (other than User Content), are owned by BioSport, Inc. or our licensors and are protected by intellectual-property laws worldwide. "The BioSport", the BioSport logo, and related marks are trade marks of BioSport, Inc. Except for the limited license in Section 8, no rights are granted to you under these Terms.
If you give us feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate that feedback into the Services without any obligation to you.
We may suspend or terminate your access to the Services, in whole or in part, with or without notice, where we reasonably determine that:
You may close your account at any time inside the Services or by contacting support. Sections 4, 7, 10, 15, 16, 18, 19, 20, 21, and 22 survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUTS WILL BE ACCURATE OR RELIABLE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING CONSUMER-PROTECTION STATUTES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BIOSPORT, INC., ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). NOTHING IN THIS SECTION LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
You agree to defend, indemnify, and hold harmless BioSport, Inc. and its affiliates from and against all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms or applicable law; (b) your User Content; or (c) your wilful misconduct. This Section does not apply to consumers to the extent prohibited by applicable consumer-protection law.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to the rights of consumers under mandatory local law, any dispute arising out of or relating to these Terms or the Services will be finally resolved by binding arbitration administered by JAMS under its applicable rules then in force. The seat of arbitration is Wilmington, Delaware. The language of the arbitration is English. Consumers in the European Economic Area, United Kingdom, and other jurisdictions retain the right to bring proceedings in the courts of their country of habitual residence where required by law.
Class Action Waiver (where lawful). To the maximum extent permitted by applicable law, disputes must be brought on an individual basis, not as part of a class, consolidated, or representative action.
These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and any product-specific terms, are the entire agreement between you and BioSport, Inc. regarding the Services and supersede all prior agreements.
We may amend these Terms from time to time. Material changes will be announced in advance through the Services or by email. Continued use after the effective date of the change means you accept it.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions stay in effect.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or transfer to an affiliate.
Our failure to enforce any provision is not a waiver of that provision.
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, governmental action, network or utility outages, or denial-of-service attacks.
Legal notices to BioSport must be sent in writing to BioSport, Inc., Legal Department, Delaware, United States, and by email to legal@thebiosport.com. We may give notice to you by email to the address linked to your account, by in-app notification, or by posting in the Services.
These Terms are made in English. Where we provide a translation, the English version controls in the event of a conflict, except where a controlling language is required by applicable law.
Be the first to get exclusive updates, promos, and insider fitness tips. No deposit required. Just sign up!
* Free Access does not include discount on the first-year subscription