Terms of Service

1. Definitions

2. Acceptance and Eligibility

These Terms of Service ("Terms") are a binding agreement between you and Biosum and govern your use of the Site and Services. By creating an account, booking or purchasing a Service, clicking "I agree," or otherwise using the Site or Services, you accept these Terms. If you do not agree, you may not use the Site or Services.

To use the Services you must (a) be at least eighteen (18) years old, (b) have the legal capacity to enter into a binding agreement, and (c) not be prohibited from using the Services under the laws of any jurisdiction that applies to you.

The Privacy Policy and the Refund Policy are incorporated into these Terms by reference. Additional guidelines, instructions, or terms that Biosum publishes for specific Services (including scan preparation instructions and intake or consent forms) also form part of these Terms.

3. The Services

Biosum provides wellness and fitness assessment services, including body composition scanning, metabolic testing, and related consultations. The Services are performed using FDA-cleared equipment, in compliance with applicable state and federal law, and under appropriate professional oversight.

The Services are provided "as is" using the equipment and technology Biosum employs at the time of your appointment. Biosum may modify, add, suspend, or discontinue any Service or feature at any time. Where reasonably possible we will give notice of material changes, but we are not liable for any modification, suspension, or discontinuance of the Services.

Biosum may decline to perform a Service for any individual at its discretion, including where Biosum believes the Service may be unsafe or inappropriate for that individual.

4. Important Information About the Services

Not medical advice

The Services and Results are provided for informational, educational, and general wellness purposes. They are not intended to diagnose, treat, cure, or prevent any disease or condition, and are not a substitute for professional medical advice, diagnosis, or treatment. Always consult your physician or another qualified healthcare provider with questions about your health, and before making changes to your diet, exercise, or medical care.

Measurement variability

Body composition and metabolic results are estimates produced by the testing equipment and are subject to known measurement variability. Factors such as hydration, recent food or exercise, movement during a scan, and adherence to preparation instructions can affect Results. Biosum calibrates and maintains its equipment according to manufacturer requirements, but does not warrant that Results are free from error or suitable for any medical purpose.

Radiation

A DXA scan exposes your body to a small dose of ionizing radiation. Before your scan you will be asked to complete a screening form. You must inform Biosum before your scan if you are pregnant, may be pregnant, or are breastfeeding, and if you have had any recent radiological contrast or nuclear medicine procedure. If you have questions about radiation exposure and your personal circumstances, consult your physician.

Physical requirements and discomfort

Scans and tests require lying still on your back for several minutes, and metabolic tests may involve wearing a mask or mouthpiece or performing exercise. Inform Biosum before your appointment of any condition that may affect your ability to complete a test, and stop any test at any time if you feel unwell.

Coaching and consultations

Any nutrition, exercise, or lifestyle guidance provided by Biosum is general in nature, is based only on the information you have shared with us, and does not account for conditions or limitations you have not disclosed. Acting on such guidance is at your own discretion and risk.

5. Your Representations and Responsibilities

By using the Services you represent and agree that:

• you are at least eighteen (18) years old and have the legal capacity to agree to these Terms;
• the Health Information you provide is true, accurate, and complete, and you will update it if it changes;
• you will follow Biosum's preparation and safety instructions for each Service;
• you will disclose any pregnancy, possible pregnancy, breastfeeding, or medical condition relevant to the safe performance of a Service;
• you understand that Results are not a medical diagnosis and you will consult a healthcare provider for medical questions; and
• you are responsible for how you use and share your own Results.

If any of these representations is untrue, or if you provide false or misleading information, Biosum may cancel your appointment, suspend or terminate your account, and refuse future Services.

6. Appointments, Payments, Credits, and Refunds

Pricing and payment

You agree to pay the fees for the Services you purchase. Prices are posted on the Site and may change at any time; changes do not affect Services already purchased. Payments are processed by our third-party payment processor, and you agree to its terms.

Credits

Purchases are issued to your account as service credits. Credits currently do not expire. If Biosum introduces an expiration period, it will provide advance notice by email and a redemption window of at least one year for credits already held.

Refunds, cancellations, and no-shows

Refund eligibility, cancellation and rescheduling windows, no-show terms, and the treatment of grandfathered memberships are governed by the Refund Policy in effect at the time of your purchase or appointment, which is incorporated into these Terms. Please review it at biosum.com/refunds before purchasing.

Cancellation by Biosum

Appointments may occasionally need to be cancelled or rescheduled due to equipment maintenance or malfunction, mobile clinic availability, weather, staff availability, or other circumstances. If Biosum cancels your appointment, we will offer to reschedule you or, at your election, refund any amount paid for that appointment. This is your sole remedy for a cancellation by Biosum.

Late arrival

Appointments are scheduled in fixed time slots. If you arrive late, Biosum may shorten, reschedule, or, in the case of a substantially late arrival, treat the appointment as a late cancellation under the Refund Policy.

7. Accounts and Security

When you purchase a Service you will create an account with accurate, current, and complete contact information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify Biosum immediately at support@biosum.com if you suspect any unauthorized use of your account. Biosum is not liable for losses resulting from unauthorized use of your account that occurs before you notify us.

8. Privacy and Communications

Biosum collects, uses, and shares your information as described in the Privacy Policy. By using the Services you agree to the Privacy Policy.

By providing your contact information you agree to receive transactional and account-related communications from Biosum, including appointment reminders and results notifications, by email and text message. Promotional text messages are sent only with your separate opt-in, and you may opt out at any time by replying STOP. The full terms of our text messaging program are set out in the Privacy Policy.

9. Your Results and Data

You will have access to your Results through your account for as long as your account is active, and you may download and share your own Results at your discretion. Biosum retains ownership of the Site, the Services, the report formats, analyses, and the underlying data generated by its equipment, subject to your rights under the Privacy Policy. Biosum may use de-identified and aggregated data derived from Results and Health Information to improve, develop, and evaluate its Services, as described in the Privacy Policy.

10. Acceptable Use

You agree not to use the Site or Services to:

• violate any applicable law or regulation;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• upload or transmit any content that is unlawful, defamatory, harassing, obscene, or that infringes the rights of others;
• transmit viruses, malware, or any code designed to disrupt or damage any system;
• attempt to gain unauthorized access to the Site, other accounts, or any systems or networks connected to the Site;
• scrape, copy, or collect data from the Site or about other users by automated means or otherwise;
• interfere with the operation of the Site or with any other person's use of it; or
• advertise, solicit, or resell any goods or services without Biosum's written permission.

You are solely responsible for any User Content you submit. Biosum may remove User Content and may suspend or terminate your account for any violation of this Section.

11. Intellectual Property

The Site, the Services, and all related content, software, report formats, trademarks, logos, and other materials are owned by Biosum or its licensors and are protected by copyright, trademark, and other intellectual property laws. "Biosum" and the Biosum logo are trademarks of Biosum LLC.

Biosum grants you a limited, personal, non-exclusive, non-transferable license to access and use the Site and to use your own Results for your personal, non-commercial purposes. Except for your own Results, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from any part of the Site or Services without Biosum's prior written consent. You may not remove or obscure any proprietary notices.

12. Third-Party Links and Services

The Site may contain links to third-party websites or services. Biosum does not control and is not responsible for their content, privacy practices, or availability, and does not endorse them. Your use of third-party sites and services is at your own risk and subject to their terms.

13. Corporate, Team, and Research Clients

Services provided to employers, teams, gyms, clinics, research sponsors, or other organizations under a separate written agreement are governed by that agreement, which controls in the event of any conflict with these Terms.

14. Termination

You may close your account at any time by contacting support@biosum.com. Biosum may suspend or terminate your account and access to the Site or Services if you breach these Terms, if Biosum reasonably believes your use poses a risk to Biosum or others, or where required by law. Termination does not affect any payment obligations already incurred, any credits you hold (subject to the Refund Policy), or your right to obtain a copy of your Results as described in the Privacy Policy.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, SERVICES, AND RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND BIOSUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BIOSUM DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT RESULTS WILL BE FREE FROM MEASUREMENT VARIABILITY, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR OUTCOME. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BIOSUM AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, MEDICAL DIRECTOR, AGENTS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THE RESULTS, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, BIOSUM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, THE RESULTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BIOSUM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Any claim arising out of or relating to the Site, the Services, or these Terms must be brought within one (1) year after the claim arises, or it is permanently barred.

17. Indemnification

You agree to defend, indemnify, and hold harmless Biosum and its members, officers, employees, contractors, agents, successors, and assigns from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your User Content, your violation of these Terms, your violation of any law or the rights of any third party, or any false or incomplete Health Information you provide.

18. Dispute Resolution, Arbitration, and Governing Law

Informal resolution

Before starting any formal proceeding, you agree to contact Biosum at support@biosum.com and give us thirty (30) days to try to resolve the dispute informally.

Binding arbitration

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Mecklenburg County, North Carolina, or by video conference, before a single arbitrator, who will issue a written decision stating the reasons for the award. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property.

Class action waiver

You and Biosum agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims of more than one person.

Opt-out

You may opt out of this arbitration agreement by sending written notice to the address in Section 21 or to support@biosum.com within thirty (30) days after you first accept these Terms, stating your name, the email address on your account, and that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

Governing law and venue

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and Biosum consent to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina.

19. Changes to These Terms

Biosum may update these Terms from time to time by posting the revised version at biosum.com/terms and updating the "Last revised" date. For material changes we will provide notice by email or through the Site before the changes take effect. Your continued use of the Site or Services after the effective date constitutes acceptance of the revised Terms. Changes do not apply to any dispute that arose before the change was posted.

20. General Provisions

Entire agreement

These Terms, together with the Privacy Policy, the Refund Policy, and any Service-specific guidelines or consent forms, are the entire agreement between you and Biosum regarding the Site and Services.

Assignment

You may not assign these Terms without Biosum's written consent. Biosum may assign these Terms, in whole or in part, without notice, including to a successor in connection with a merger, acquisition, or sale of assets.

Force majeure

Biosum is not liable for any failure or delay in performance caused by events beyond its reasonable control, including equipment failure, utility or internet outages, severe weather, natural disasters, epidemics, labor disputes, or governmental action.

Electronic communications and signatures

You agree that Biosum may provide notices and communications electronically, and that electronic acceptance of these Terms and any consent forms has the same effect as a handwritten signature.

Severability and waiver

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. Biosum's failure to enforce any provision is not a waiver of its right to do so later.

Survival

Sections 4, 5, 9, 11, and 14 through 20 survive termination of these Terms or your account.

21. Contact