Terms of Service

MyBodyLab Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the MyBodyLab mobile application, website, dashboards, APIs, and related services (collectively, the “Services”).

The Services are operated by MyBodyLab Technologies Pty Ltd (ACN 694 740 602) (“MyBodyLab”, “we”, “us”, “our”).

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

1. Eligibility and Acceptance

You must be at least 16 years of age to use the Services. By using the Services, you represent and warrant that:

• You meet the minimum age requirement
• You have the legal capacity to enter into these Terms
• All information you provide is accurate, current, and complete

If you use the Services on behalf of another person or entity, you represent that you have authority to bind them to these Terms.

2. Nature of the Services

MyBodyLab provides a technology platform that enables users to view, store, analyse, and visualise body composition and related health data.

MyBodyLab:

• Is a technology services provider only
• Is not a healthcare provider, medical practitioner, or diagnostic service
• Is not a medical device within the meaning of the Therapeutic Goods Act 1989 (Cth)
• Does not provide medical advice, diagnosis, or treatment
• Does not replace consultation with qualified healthcare professionals

Any clinics, practitioners, or third-party service providers referenced or integrated through the Services operate independently of MyBodyLab, and MyBodyLab has no responsibility for clinical decisions, outcomes, or services provided by those parties.

3. AI, Algorithms, and Data Insights

The Services may use algorithms, machine learning models, and artificial intelligence to generate insights, recommendations, predictions, simulations, or visualisations (“Outputs”).

You acknowledge and agree that:

• Outputs are informational and educational only
• Outputs are probabilistic and may be inaccurate, incomplete, or unsuitable
• MyBodyLab makes no guarantees regarding accuracy, reliability, or fitness for purpose
• You assume all risk arising from reliance on Outputs

To the maximum extent permitted by law, MyBodyLab disclaims all liability arising from use of or reliance on Outputs.

4. Health and Medical Disclaimer

The Services are not intended to provide medical advice or clinical decision-making support.

You must not rely on the Services as a substitute for professional medical advice, diagnosis, or treatment. Always seek advice from a qualified healthcare professional before making health, fitness, or medical decisions.

5. Accounts and Security

To access certain features, you may be required to create an account.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account

MyBodyLab is not liable for any loss or damage arising from unauthorised access caused by your failure to secure your account.

6. Acceptable Use and Restrictions

You must not:

• Use the Services for unlawful purposes
• Reverse engineer, copy, or exploit the Services or Outputs
• Provide medical or health advice to third parties using the Services
• Interfere with system security or integrity
• Upload inaccurate, misleading, or harmful data

We may suspend or terminate access for violations of this section.

7. Third-Party Services and Clinics

The Services may integrate with third-party clinics, devices, platforms, or services.

MyBodyLab does not control and is not responsible for:

• Third-party services or data accuracy
• Acts, omissions, or conduct of third parties

Any disputes involving third parties are between you and the relevant third party.

8. Fees, Billing, and Changes

Some features of the Services may require payment.

We may introduce, modify, or discontinue fees at any time with reasonable notice. Except where required by law, fees are non-refundable.

9. Intellectual Property

All intellectual property rights in the Services, including software, models, algorithms, designs, and branding, are owned by or licensed to MyBodyLab.

You retain ownership of your personal data. You grant MyBodyLab a non-exclusive, worldwide licence to use, store, process, and analyse your data solely to provide and improve the Services.

MyBodyLab may use aggregated or de-identified data for analytics, research, and commercial purposes.

10. Suspension and Termination

We may suspend or terminate your access to the Services at any time, with or without notice, where:

• You breach these Terms
• We are required to do so by law
• We discontinue the Services

Upon termination, your right to use the Services ceases immediately.

11. Limitation of Liability and Risk Allocation

To the maximum extent permitted by law:

• MyBodyLab excludes all implied warranties, representations, and conditions
• MyBodyLab is not liable for indirect, incidental, special, or consequential loss, including loss of profits, data, goodwill, or opportunity
• MyBodyLab is not liable for any health, fitness, or medical outcomes resulting from use of the Services or reliance on Outputs

Where liability cannot be excluded, MyBodyLab’s total aggregate liability arising out of or in connection with the Services or these Terms is limited to the total fees paid by you to MyBodyLab in the 12 months immediately preceding the event giving rise to the claim.

12. Indemnity and Responsibility

You indemnify and hold harmless MyBodyLab, its directors, officers, employees, and contractors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your access to or use of the Services
• Your reliance on Outputs or other information generated by the Services
• Your breach of these Terms
• Any dispute between you and a third party, including clinics, practitioners, or service providers

13. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law that cannot be excluded by law.

14. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify you. Continued access to or use of the Services after updated Terms take effect constitutes acceptance of the revised Terms.

15. Governing Law, Jurisdiction, and Venue

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.

16. Class Action Waiver

To the maximum extent permitted by law, you agree that any proceedings to resolve or litigate any dispute arising out of or relating to these Terms or the Services will be conducted on an individual basis, and not as part of a class, consolidated, or representative action.

17. Survival

The following sections survive termination or expiry of these Terms: Sections 2 (Nature of the Services), 3 (AI, Algorithms, and Data Insights), 4 (Health and Medical Disclaimer), 9 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnity), 13 (Australian Consumer Law), 15 (Governing Law and Jurisdiction), 16 (Class Action Waiver), and this Section 17.

18. Entire Agreement

These Terms constitute the entire agreement between you and MyBodyLab regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral, relating to the Services.

19. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect.

A failure or delay by MyBodyLab to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

20. Force Majeure

MyBodyLab is not liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, labour disputes, power failures, or internet and telecommunications outages.

21. Notices and Contact

For questions regarding these Terms, contact:

MyBodyLab Technologies Pty Ltd
ACN: 694 740 602
Email: hello@mybodylab.ai

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