Terms of Service

Last updated: February 20, 2024

These terms and conditions ("Terms") govern your access to and use of Biomarkly, including any content, functionality, and services offered on or through Biomarkly (collectively, the "Services"). Please read the Terms carefully before using the Services.

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Account Registration

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate and complete information when creating your account and to keep your account credentials confidential.

3. User Data

Your account data is securely stored in our database. We are committed to protecting your privacy and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). When creating an account, you will be required to provide certain personal information such as your name, gender, and birthday. Additionally, users have the option to upload PDF and image files containing private medical test results to Biomarkly. By uploading these files, you consent to Biomarkly storing and processing this sensitive information for the purpose of generating graphs and providing analytical insights. Furthermore, Biomarkly may collect medical test results data directly from user input through forms within the application. We may also collect anonymized usage data through analytics to improve our services. By using the Services, you consent to the collection, storage, and use of your data as described herein.

4. User Conduct

You agree to use the Services responsibly and lawfully. You may not:

• Collect or extract information and/or user data from accounts that do not belong to you.
• Engage in deceptive, fraudulent, or misleading behavior.
• Upload or transmit viruses, malware, or other harmful code.
• Interfere with or disrupt the Services or networks connected to the Services.
• Harass, annoy, intimidate, or threaten others.
• Disparage, tarnish, or harm Biomarkly or its Services.
• Use the Services in a manner inconsistent with applicable laws or regulations.

Additionally, when uploading PDF and image files containing private medical test results or providing input through forms within the application, users must ensure that the content does not violate any applicable laws or regulations and does not infringe upon the rights of any third party.

5. Payment Processing

Biomarkly does not currently offer payment processing features. All services are provided free of charge.

6. Dispute Resolution

Any disputes or complaints regarding the Services should be directed to contact@biomarkly.com. We will make every effort to address and resolve your concerns promptly.

7. Limitation of Liability

You agree that Biomarkly is not liable for any damages resulting from your use of the Services, including but not limited to data loss, unauthorized access, or actions of third parties. Biomarkly is not responsible for any consequences arising from your use of the Services.

8. Legal Disclaimers

The information provided on Biomarkly is for informational purposes only and should not be considered medical advice. Biomarkly does not guarantee the accuracy or reliability of any information provided through the Services.

9. GDPR and CCPA Compliance

Biomarkly is committed to protecting your privacy rights in accordance with GDPR and CCPA regulations. If you are a resident of the European Economic Area (EEA) or California, you have certain rights regarding your personal data, including the right to access, rectify, or erase your data. For more information about how we process personal data and your rights under GDPR and CCPA, please refer to our Privacy Policy.

10. Modifications to Terms

Biomarkly reserves the right to modify or update these Terms at any time. By continuing to use the Services after any changes to the Terms, you agree to be bound by the revised Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Moldova, without regard to its conflict of law provisions.

12. Target Audience

Biomarkly is intended for use by both healthcare professionals and patients. Different user groups may have distinct expectations and needs when using the Services.

13. Medical Advice Disclaimer

Biomarkly is an educational tool that provides insights and data analysis for informational purposes only. Under no circumstances should Biomarkly be considered a substitute for professional medical advice or treatment. Never use Biomarkly as a substitute for professional medical advice or treatment. Always consult a Qualified Healthcare Professional for diagnoses and treatment decisions. Do not attempt to diagnose yourself using Biomarkly. Always consult a Qualified Healthcare Professional for diagnoses. The information presented within the app is intended to supplement, not replace, the relationship between a patient and their healthcare provider. Users are solely responsible for their healthcare decisions and should exercise caution and discretion when interpreting the information provided by Biomarkly.

Definition of Qualified Healthcare Professional

A "Qualified Healthcare Professional" refers to an individual who holds appropriate credentials and licensure in their respective field of healthcare practice. This may include but is not limited to physicians, nurses, nurse practitioners, physician assistants, pharmacists, and other licensed healthcare providers recognized by applicable laws and regulations. Users should seek guidance and medical advice from these professionals for personalized healthcare assessments and treatment plans tailored to their individual needs.

14. Specific Features Disclaimer

Biomarkly may offer specific features beyond data storage and presentation, such as symptom checkers or AI-powered analysis. It is important to understand that these features have inherent limitations and potential inaccuracies. Users should be aware that these features are not foolproof and may not always provide accurate or reliable results. Biomarkly does not guarantee that all features will be comprehensive or exhaustive.

Users should exercise caution and critical thinking when utilizing these features and should not solely rely on them for medical decision-making. Always verify the results provided by these features with a Qualified Healthcare Professional before making any healthcare decisions. Biomarkly shall not be held liable for any damages or consequences arising from the use of these features, including but not limited to misinterpretation of results or reliance on inaccurate information.

15. Age Restrictions

Biomarkly may have age restrictions for certain features, especially those involving the collection of sensitive health data. Users must be of legal age or have parental consent to use the Services, as required by applicable laws and regulations.

16. Content Moderation

Biomarkly employs content moderation to ensure a safe and respectful environment for all users. The moderation process involves reviewing user-generated content to identify and remove any material that violates the Terms of Service or is deemed inappropriate. Examples of prohibited content include, but are not limited to:

• Content that is unlawful, defamatory, or infringes upon the rights of others.
• Hate speech, harassment, or threats directed at individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
• Obscene, explicit, or sexually suggestive content.
• Promotion of violence, self-harm, or illegal activities.
• Spam, advertisements, or other commercial solicitations.
• False or misleading information, including medical misinformation.

Biomarkly reserves the right to remove any content that violates these guidelines or is otherwise deemed inappropriate without prior notice to the user. Users found to be in violation of the content guidelines may have their accounts terminated or restricted.

17. Termination of Service

Biomarkly reserves the right to terminate user accounts or restrict access to the Services in case of violations of the Terms or misuse of the platform. In the event of a potential termination, Biomarkly will make reasonable efforts to notify the user via email or through the platform's messaging system. The notification will include the reason for the potential termination and any actions required by the user to appeal the decision.

Right to Appeal

Users have the right to appeal a potential termination decision made by Biomarkly. To appeal, users must submit a written statement explaining their position and any relevant evidence supporting their case. The appeal will be reviewed by Biomarkly's moderation team, who will consider the user's statement and the evidence provided. Biomarkly will make a final decision regarding the appeal and notify the user of the outcome.

Users should note that Biomarkly's decision regarding account terminations is final and may not be overturned. Biomarkly reserves the right to take appropriate action, including account termination, without prior notice in cases where violations of the Terms are severe or ongoing.

For any questions or concerns regarding account terminations or the appeals process, users may contact Biomarkly at contact@biomarkly.com.

Contact Us

If you have any questions about these Terms, please contact us at contact@biomarkly.com.