TECHNOLOGY

The medical device you have been provided is manufactured in Switzerland.

Personally Predictive Care | Biofourmis

The technology has been used in Singapore, and a similar device is being used in Liverpool Hospital in Sydney. However, the Howard Springs quarantine facility is the first to embrace this advance in technology on such a large scale.

We are hoping that this technology will be available to roll out to the vulnerable in our communities, to help protect them in the event there is an outbreak in the future.

You will need to wear your armband at all times, except when it is being charged. If you find that you are developing a rash or are in discomfort from wearing the armband, please notify your welfare officer.

 

Do I need to wear the device whilst asleep?
Yes, we would like to wear your arm band at all times except when it is required to charge.

Correct placement of arm band Instructions on how to:

Keeping your device charged:
You will need to charge your device every 24 hours. We will remind you to do so, but it is a good idea to put it on charge during the day.

NOTE: Please remove armband when having a shower

Good communication is important in any community, and even more so whilst you are in quarantine.

Feel free to use you own phones to contact family and friends, and to stay in contact with the outside world.

Video instructions and information on the device:

ENGLISH

TRANSLATIONS

Loan Equipment Terms of condition:  DEVICE checklist

English

Hindi

Punjabi

Tamil

Activating the Telstra sim cards:

 

ENGLISH

 

HINDI

 

INSTRUCTIONS HOW TO USE YOUR THERMOMETER

• Taking Temperature

ENGLISH

TAMIL

TELEGU

URDU

HINDI

Biofourmis Privacy Policy (patients And Caregivers)

THIS PRIVACY POLICY AND NOTICE (“NOTICE”) DESCRIBES HOW MEDICAL INFORMATION ABOUT
YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
This Notice is related solely to the Biofourmis Service and is different from a Notice of Privacy
Practices governing any health care services you may receive from your health care providers.
This Notice is being provided to you by Biofourmis Singapore Pte Ltd., a company incorporated in
Singapore ("Biofourmis", "us", "we" or "our"). We discover, develop and deliver clinically-validated
software-based therapeutics for complex chronic conditions to provide better outcomes for patients
and advanced tools for clinicians to deliver personalized care and cost-effective solutions.
This Notice applies to our or any third party wearable medical devices that are used in conjunction
with our Software (as defined below) (each a "Device" and collectively the “Devices”), our website
located at https://www.biofourmis.com (“Site”), the Biovitals™ platform or any other software that
we make available to you (“Software”), the Biofourmis web applications and mobile applications
(each an “App” and collectively the “Apps”) and all of the services available therein (collectively
referred to in this Notice as the “Biofourmis Service”) that may be provided by one or more of our
affiliates.
Biofourmis contracts with and provides services to various health care providers, some of which are
“covered entities” under the Health Insurance Portability and Accountability Act and its
implementing regulations (“HIPAA”). At the heart of Biofourmis is our Biovitals™ Analytics Engine,
which predicts clinical exacerbation in advance of a critical event. It allows clinicians to deliver more
personalized care and enables better patient outcomes. Biofourmis is the owner and operator of
the Biovitals Analytics Engine and of the other platforms and services that constitute the Biofourmis
Service and does not provide healthcare services. We are required by law, as a “business associate”
(as that term is defined under HIPAA) of our HIPAA covered entity clients or a data processor, to
maintain the privacy of “protected health information” or "personal data". “Protected health
information” or "personal data" (collectively referred to as "PHI") includes any individually
identifiable information that we obtain from you or others that relates to your past, present, or
future physical or mental health, the health care you have received, or payment for your health care.
Pursuant to the HIPAA business associate agreements that we enter into with our covered entity
clients or other data processing agreements, we may use and disclose your PHI only in accordance
with the rules and procedures set out in those documents.
This Notice provides you with information about our practices with respect to the privacy of your PHI.
This Notice also discusses the uses and disclosures we may make with respect to your PHI. This
Notice also describes the risks of using electronic communications and electronic storage of your
health information. We reserve the right to change the terms of this Notice from time to time and to
make the revised Notice effective for all PHI we maintain.
Any collection, use or disclosure of your PHI by our covered entity clients or other health care
providers is not be governed by this Notice and any such collection, use or disclosure is subject to
the relevant privacy policies or notices of such entities.

1. What information do we collect about you?
If you are a user of the Biofourmis Service, we may collect information that personally identifies you
and the type of information collected depends on the type of user you are.
• If you are a patient, we collect PHI about you. We also collect anonymized data (such as
your account unique identification number) that do not allow us to re-identify you.
• If you are a medical professional (e.g. clinician, doctor, nurses, etc.), we may collect personal
data such as your name, email address and phone number so that we can contact you with
regards to your and your patient's use of the Biofourmis Service.
We will indicate if the collection and provision of certain categories of personal data is mandatory.
For any such categories, we may not be able to provide you with access to the Biofourmis Service if
you do not provide us with the required information.
Please see below for more details on the types of personal data that we may collect from you.
When you (as a patient) activate an App
When activating an App, you will be asked to enter PHI about yourself, such as user name, password
and email address. Depending on the specific Device you use, it can also collect additional PHI data
such as your heart rate, respiration rate, blood pulse wave and skin temperature on an ongoing basis
and transmit this data to our covered entity clients. We use this information to personalize your
results provided under the Biofourmis Service – for example, to provide personalized health models
which predict or signal health deterioration, health improvement and medication effect to your
medical practitioner, hospital, etc. The type and categories of data collected depends on the Device
that is used. To see the full list of data that your Device collects, please consult the brochures that
were provided together with your Device or the App.
[In addition, with respect to Biovitals Sentinel™ we will also be tracking your location so as to ensure
that quarantine is maintained and that you do not venture beyond the geographical location that
has been assigned to you. If you do break quarantine, an alert will be sent to the relevant
authorities.]
When you provide us with personal data through your Device, you represent to us that such
personal data is your own and does not relate to a third party. The personalized Biofourmis Service
provided to you will be based on such personal data. Therefore, please do not share your Device
with anyone.
When medical professional create a Biofourmis account
When you create a Biofourmis account, we ask for some personal data, including your name, email
address and telephone number.
When you visit our Sites
Biofourmis collects industry standard data from everyone who visits our Sites — even if you don’t
have a Biofourmis account. This includes log data that automatically records information about your
visit, such as your browser type, operating system, the URL of the page that referred you, the
different actions you performed, and the IP address you used to access pages on the Site. We use
this type of information to provide you with an experience that’s relevant to your location based on
the IP address, to prevent Site misuse, and to ensure the Site is working properly. We also collect
data from cookies. To see the full list of cookies we use and how we use them, please read our
Cookie Policy below.
When you sync your data
When you sync your data, your PHI recorded on your Device is transferred from your Device to our
servers. This data is stored and used to provide the Biofourmis Service and is associated with your
account. Each time you sync your PHI, we log data about the transmission. Some examples of the log
data are the sync time and date, device series number, device battery level, location and the IP
address used when syncing.
When you contact us for help
Whenever you contact Biofourmis for help, we collect your name and email address along with
additional information you provide in your request so that we can provide you with assistance and
improve the Biofourmis Service.
Information from third parties
We may obtain your PHI from third party sources (e.g. healthcare providers, insurance providers,
etc.) that is necessary to provide you with the Biofourmis Service. Examples of such personal data
we may obtain from third party sources include your name and contact details.

2. How we use your personal data
If you are a user of the Biofourmis Service
Biofourmis will process your PHI on behalf of the applicable covered entity client in accordance with
the business associate agreement or data processing agreement into which we enter with such
covered entity client or other health care provider. Such business associate agreements or data
processing agreement generally enable us to use and disclose your PHI only to:
• Perform our obligations in the course of or in connection with our provision of the
Biofourmis Service to the covered entity client or health care provider (on whose behalf you
are using the Biofourmis Service). This can include use or disclosure of your PHI in
furtherance of our covered entity clients’ or other health care provider's treatment,
payment and health care operations purposes.
o Treatment means the provision, coordination, or management of your health care,
including consultations between health care providers relating to your care and
referrals for health care from one provider to another. For example, we may disclose
readings from one of our wearable devices to our covered entity clients or other
health care provider so that they may use it to make decisions about your care. For
care coordination and appropriate follow up treatment purposes, the entity that
provides medical services to you may share your PHI with another health care
provider.
o Health Care Operations means the support functions of our covered entity clients or
other health care provider, related to treatment and payment, such as quality
assurance activities, case management, receiving and responding to patient
comments and complaints, practitioner reviews, compliance programs, audits,
accreditation, business planning, development, legal advice, management and
administrative activities. For example, we may combine PHI about many patients to
enable our covered entity clients or other health care provider to decide what
additional services to offer, what services are not needed, and whether certain new
treatments are effective. We may also disclose PHI for review and learning purposes.
• verify your identity to provide you with access to the Biofourmis Service (e.g. generating
one-time passwords “OTP”);
• facilitate your creation of a Biofourmis account; and
• comply with requests from regulatory authorities regarding disease or virus management.
Provided that the business associate agreement or data processing agreement that governs our use
and disclosure of your PHI allows us to do so, we may (i) use some of your anonymized and deidentified
data to research, understand and improve the Biofourmis Service; to troubleshoot the
Biofourmis Service; to detect and protect against error, fraud or other criminal activity; and to
protect the security or integrity of the Biofourmis Service; and (ii) use and disclosure your
aggregated, de-identified data with partners and the public in a variety of ways, such as by providing
medical or health-related research or reports. If we provide this information, we perform
appropriate procedures so that the data does not identify you and we contractually prohibit
recipients of the data from re-identifying it back to you.

3. Retention of your personal data
We will only retain your PHI for the period of time that is specified in the business associate
agreement or data processing agreement we have entered into with our covered entity client or
other health care provider.

4. Access to your personal data
We must use protect your PHI in accordance with the provisions of such business associate
agreements or data processing agreement and in accordance applicable law, which includes applying
certain administrative, technical and physical safeguards to ensure the privacy and security of your
PHI.
Deletion of your account with us will not automatically delete the PHI held about you. If you would
like to request that we delete all PHI together with the deletion of your account, please contact us at
privacy@biofourmis.com. Our ability to comply with your deletion request is subject to any
applicable legal, contractual or other requirement to maintain certain records of your PHI. In that
regard, please note that the deletion of your PHI from our database will result in us not being able to
provide you with the Biofourmis Service. You also have the right to request for access to and
correction of your PHI held by us. Please forward all such requests to our Privacy Officer
at privacy@biofourmis.com.

5. Storage and security of your personal data
We will maintain the security of your PHI and protect it from misuse, interference and loss and
against unauthorized collection, copying, access, modification or disclosure in accordance with our
business associate agreements with our covered entity clients and HIPAA and the applicable data
processing agreement with our other health care providers and the relevant applicable law. We will
destroy any PHI we hold about you which is no longer required under the terms of this Notice.
Where you have chosen a password to access the Biofourmis Service, you are responsible for
keeping your password confidential. Do not share your password with anyone.
Due to the nature of the internet, we do not provide any guarantee or warranty regarding the
security of your personal data during transmission to or storage by us and you acknowledge that you
disclose your personal data to us at your own risk. Please contact us immediately if you become
aware or have reason to believe there has been any unauthorized use of your personal data in
connection with the Biofourmis Service.
The personal data you provide to us or that is disclosed to us by our covered entity clients or other
health care provider may be transferred to and stored with a cloud service provider with servers that
are located in various jurisdictions. Some of these countries may not have the same or substantially
similar privacy laws than those of your home jurisdiction. In those circumstances, Biofourmis will
ensure that recipients in those countries will provide you with a standard of protection that is at
least comparable to the protection of your home jurisdiction.

6. Risks Associated with Electronic Communications and the Storing of Your PHI Electronically
We understand the importance of protecting your PHI and take our security obligations seriously.
We take a number of steps to safeguard the privacy and security of your PHI. However, any device or
application connected to the Internet is susceptible to a security breach, despite the level of
administrative, technical, and physical safeguards employed. This means that there is a risk that
unauthorized persons may be able to access and read your PHI. By using the Biofourmis Services,
you agree that you have read, understand, and accept this risk.

7. Cookie Policy
Some of the information that we collect will not personally identify you but will instead track your
use of the Biofourmis Service or the Sites so that we can better understand how the Biofourmis
Service is used by end users and in turn enhance and improve your experience in using the
Biofourmis Service. This information can be obtained through the use of cookies. Cookies are a small
data file transferred to your device that recognises and identifies your device and allows your device
to 'remember' information for future use. We may collect technical information from your web
browser or mobile device or your use of our services through a web browser or mobile device, for
example, location data, performance data about your device, carrier/operating system including
device and connection type and IP address. Unless you have elected to remain anonymous through
your device and/or the web browser, the abovementioned information may be collected and used
by us automatically through your use of the Biofourmis Service or the Sites.
You have a number of options to control or limit how we and our partners use cookies and similar
technologies, including for advertising.
• Although most browsers and devices accept cookies by default, their settings usually allow
you to clear or decline cookies. If you disable cookies, however, some of the features of the
Biofourmis Service may not function properly.
• To prevent your data from being used by Google Analytics, you can install Google’s opt-out
browser add-on by visiting https://tools.google.com/dlpage/gaoptout.
• To opt out of ads on Facebook, Pinterest, or Google that are targeted to your interests, use
your Facebook, Pinterest, or Google Ads settings.
• Check your mobile device for settings that control ads based on your interactions with the
applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking”
setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.
The Sites do not respond to Do Not Track signals because we do not track our users over time and
across third-party websites to provide targeted advertising. However, we believe that you should
have a choice regarding interest-based ads served by our partners, which is why we outline the
options available to you above.

8. Changes to our Privacy Policy/Notice
Biofourmis reserves the right to amend all or any part of this Notice. Any changes will be
communicated to you through the Sites, Biofourmis Service and/or, where appropriate, through email
notification. Your continued use of the Site or the Biofourmis Service with us after any such
changes are communicated to you constitutes your agreement to this Notice as amended, unless we
are required by applicable law to obtain your prior consent.

9. Other Apps
The Apps or Sites may have links to other apps or websites. We are not responsible for the security
or privacy of any information collected by such apps or websites and, while we do not permit those
apps or websites to track your use of the Biofourmis Service or the Sites, we are unable to control
whether such tracking mechanisms are implemented by those apps or websites. You should exercise
caution and review the privacy statements applicable to the third-party websites and services you
use. The use of online tracking mechanism by those third-party websites and services is subject to
those third parties' own privacy policies, and not this Notice.

10. Effect of Notice
This Notice applies in conjunction with any other policies, notices, contractual clauses and consent
statements that apply in relation to the collection, use and disclosure of your personal data by us.

11. Contact Us
All comments, queries and requests relating to our use of your personal data are welcomed and
should be addressed to our Privacy Officer at privacy@biofourmis.com. If you believe that your
privacy rights have been violated, please contact us. We will not take action against you for filing a
complaint. You also may file a complaint with your local data protection regulatory authority.
Note: This Privacy Policy (or, in the case of the Terms of Use, the "Terms of Use") is translated into
Chinese. To the extent there is any inconsistency between the Chinese and the English versions, the
English version shall prevail.

This Notice is effective as of 9 March, 2020

Biofourmis Mobile App Terms (patients)

Biofourmis Patient Mobile App Terms of Use
Biofourmis Singapore Pte. Ltd. (“Biofourmis”, also referred to as “we”, “us”, or “our”) operates this
BiovitalsTM mobile software app ("Mobile App") on behalf of itself and its group of companies
(“Group”). Biofourmis is a private limited company incorporated in Singapore. We discover, develop
and deliver clinically-validated software-based therapeutics for complex chronic conditions to
provide better outcomes for patients and advanced tools for clinicians to deliver personalized care
and cost-effective solutions.
This page (together with the documents referred to on it, including, but not limited to, our Privacy
Policy, which are incorporated herein by reference) describes the terms of use (all of the foregoing
collectively referred to as the "Terms of Use") on which you may make use of our Mobile App,
whether in connection with
• an installation of our Mobile App on your device; or
• as a user with a registered account on the Mobile App (subscribed through your relevant
hospital, clinic or any medical institution).
All of the services available on or through the Mobile App or otherwise offered, maintained and/or
provided by us are referred to in this document as our "Services".
Please read these Terms of Use carefully and accept it before you start to use the Services. By using
the Mobile App or using our Services, you are automatically agreeing to be bound by and accept
these Terms of Use. If you do not agree to these Terms of Use, please refrain from using our
Services.
DO NOT USE THIS MOBILE APP FOR EMERGENCY MEDICAL NEEDS. If you experience a medical
emergency, call your local emergency contact number immediately.
We reserve the right to change these Terms of Use or to modify any Mobile App features or the
Services at any time. Users are responsible for regularly reviewing these Terms of Use and we
encourage you, therefore, to review them carefully whenever you use the App. If you do not agree
with any of the Terms of Use, please do not use the Mobile App.

1. Accessing Our Services
We reserve the right to withdraw access to or amend any Services that we may provide without
notice (see Section 2 below). To the further extent permitted by Applicable Law , we will not be
liable if for any reason our Services are unavailable at any time or for any period. From time to time,
we may restrict access to some parts of our Services, or our entire Services, to users who have
registered with us or on a paid access basis.
By downloading or using the Mobile App, you represent and warrant that you are at least eighteen
(18) years of age or older. You must be at least eighteen (18) years old to use the Services or the
Mobile App. If you are under eighteen (18) years old, you must obtain consent from your parent(s)
or legal guardian(s), their acceptance to these Terms of Use and their agreement to take
responsibility for: (i) your actions; and (iii) your acceptance and compliance with these Terms of Use.
If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing
this Mobile App and using the Services immediately.

You agree to comply with any and all guidelines, notices, operating rules and policies, and
instructions pertaining to the use of the Services and/or access to the Mobile App, as well as any
amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise
these guidelines, notices, operating rules and policies, and instructions at any time and you are
deemed to be aware of and bound by any changes to the foregoing upon their publication on the
Mobile App.
All material, data, text, content, graphics, images, videos, sounds, reports and other content
(collectively, "Content") contained on the Mobile App or delivered through the Services is protected
by intellectual property rights, including trademarks and copyright, which is owned by or has been
licensed to us. You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publish, adapt, edit or create derivative works of any Content, or post any Content
on any other website or in a networked computer environment for any purpose, save as permitted
under these Terms of Use.
You may choose to or we may invite you to submit comments or ideas about improvements to the
Service or the Mobile App ("Commentary"). If you submit any Commentary to us, we will presume
that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions
on our use of the Commentary. You also agree that Biofourmis has no fiduciary or any other
obligation to you in connection with any Commentary you submit to us, and that we are free to use
your Commentary or the ideas reflected in the Commentary without any attribution or
compensation to you.

2. Use of Mobile App
The ways in which you can use the Mobile App may also be controlled by the applicable Apple App
Store or Google Play Store's rules and policies and the Apple App Store or Google Play Store's rules
and policies (whichever applicable) will prevail over these Terms of Use only to the extent of any
inconsistencies in relation to the use of the Mobile App.
By using the Mobile App, you understand and agree that we reserve complete and sole discretion
with respect to the operation of the Mobile App or Services, and that we may, among other things
withdraw, suspend or discontinue any functionality or feature of the Mobile App or Services. We
may, at our sole discretion, change, add, or delete portions of these Terms of Use at any time on a
going-forward basis. Continued use of the Mobile App following notice of any such changes will
indicate your acknowledgement of such changes and agreement to be bound by the revised Terms
of Use, inclusive of such changes. Subject to applicable law, we reserve the right to maintain, delete,
or destroy all communications and materials posted or uploaded to the Mobile App pursuant to their
internal record retention and/or destruction policies.

3. Restrictions of Use
The Mobile App is intended for use only on a mobile device that is running an unmodified
manufacturer-approved operating system. Using the Mobile App on a device with a modified
operating system may undermine security features that are intended to protect your personal
information from unauthorized or unintended disclosure. You may compromise the privacy and
security of your personal information if you use the Mobile App on a mobile device that has been
modified. Use of the Mobile App on a mobile device with a modified operating system is a material
breach of these Terms of Use.
You should not consider content on the App to be medical advice.
In using the Mobile App and/or Services, you shall not, and you shall not permit anyone else to,
directly or indirectly:
• except as expressly permitted by law, or as authorised under these Terms of Use, rent, lease,
sub-licence, copy, modify, adapt, merge, translate, reverse engineer, decompile,
disassemble, make error corrections or create derivative works based on the whole or any
part of the Mobile App or Services;
• remove Biofourmis' or any other user's trade mark, copyright notice, water mark or any
other proprietary notice;
• rent, lease, distribute, resell or use the Services for any commercial purposes;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in any activity that interferes with or disrupts the Services or the Mobile App;
• upload any comments or ideas that violates or infringes another party's right of publicity,
privacy, copyright, trade mark or other intellectual property right;
• violate any applicable laws, rules, regulations, standards and licensing requirements, in
connection with your use or access of the Services ("Applicable Law");
• use the Services in violation of or to circumvent any sanctions or embargo;
• use the Services for any purpose for which it is not designed or intended;
• use the Services to create or promote a product, service or software that is directly or
indirectly competitive with or in any way a substitute for the Services;
• use the Services to send, post or otherwise communicate any content that is offensive,
indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive,
fraudulent, tortious, obscene or is racially, ethically or otherwise objectionable;
• use any scraper, robot, bot, spider, crawler or any other automated device or means to
access, acquire, copy or monitor any portion of the Services, or any data or content found or
access through the Services;
• transmit any viruses or other computer instructions or technological means whose purpose
is to disrupt, damage, or interfere with the use of computers or related systems;
• impersonate any person or entity or perform any other similar fraudulent activity, such as
phishing;
• collect any information in respect of other end users without their consent;
• obtain or attempt to obtain unauthorised access to such parts of the Mobile App and/or
Services, or to any other protected information, through any means not intentionally made
available by us for your specific use; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

4. User Accounts
The Services made available on the Mobile App require the creation of an account with us. If you
request to create an account with us, a username and password shall be provided in connection with
the use of the Services and/or access to the relevant Mobile App. The username and password are
encrypted in Biofourmis server. By logging in to Biofourmis service, the server will validate against
user credentials and issues an access token for any further communication to the server. We may at
any time, request that you update your personal data or forthwith invalidate the username and/or
password without giving any reason or prior notice and shall not be liable or responsible for any
losses suffered by or caused by you or arising out of or in connection with or by reason of such
request or invalidation.
You shall be fully and solely responsible for the security of your username and password and liable
for any disclosure or use (whether such use is authorized or not) of the username and/or password.
You are to notify us immediately if you have knowledge that or have reason for suspecting that the
confidentiality of the username and/or password has been compromised or if there has been any
unauthorised use of the username and/or password or if your personal data requires updating.
You agree and acknowledge that you shall be responsible for all persons who use the Services and/or
access the Mobile App through your account. You further agree and acknowledge that you shall be
bound by and agree to fully indemnify us against any and all losses attributable to any use of any
Services and/ or access to the Mobile App through your account.
Your privacy and security is very important to us. Our Privacy Policy explains how we collect, use,
protect, and share personal information with others. Your personal information will be stored in a
secure manner. We have implemented a variety of security technologies and procedures to protect
your personal information stored on our computer systems from unauthorized access. We also
maintains standard physical and electronic procedural safeguards that limit access to your personal
information to our employees (or people working on our behalf and under confidentiality
agreements) who, through the course of standard business activities, need to access your personal
information.
We reserve the right to revoke or deactivate your username and password at any time. We reserve
the right to take any and all action, as deemed necessary or reasonable, regarding the security of the
Mobile App and your account.

5. Support for the Mobile App
We will, as part of the Services, provide you with our standard customer support services during
normal business (9:00 am to 6:00 pm) hours in accordance with our Support Services Policy in effect
at the time that the Services are provided. We may amend the Support Services Policy in our sole
and absolute discretion from time to time.
If you want to learn more about the support services, please take a look at our Support Services
Policy at https://biofourmis.com/mobile-support-service-policy.

6. Intellectual Property Rights
All intellectual property rights in our Mobile App and Services, and in the Content, are owned,
licensed to or controlled by us, our licensors or our service providers. Those works are protected by
copyright laws and treaties around the world and we reserve the right to enforce its intellectual
property to the fullest extent of the law. All such rights are reserved.
We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right
to sub-licence) to access and use the Mobile App and Content solely for receiving disease
management and patient care services from your treating physician in accordance with these Terms
of Use. You agree that you will not, in addition to the other prohibitions and limitations set forth
herein use the Mobile App or Services in any manner that exceeds the scope of use granted herein.
We generally do not provide any medical advice, diagnosis, counselling, testing or treatment for any
of your medical conditions. These services are provided by your treating physician. Our Mobile App
is limited to the provision of ambulatory physiological and health monitoring so as to provide
predictive, precise and actionable health insights to your treating physician which can assist in your
post-acute medical care treatment.
If you print off, copy or download any part of our Mobile App in breach of these Terms of Use, your
right to use our Mobile App will cease immediately and you must, at our option, return or destroy
any copies of the materials you have made.
These Terms of Use permit you to use the Mobile App for your personal, non-commercial use only.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material on our Mobile App except as
generally and ordinarily permitted through the Mobile App according to these Terms of Use. You
must not access or use for any commercial purposes any part of the Mobile App.
Except as expressly granted to you under these Terms of Use, you have no rights, including any claim
for intellectual property or other proprietary rights, in the Mobile App and we hereby reserve all
rights not expressly granted to you. You must comply with all Applicable Law when using the Mobile
App as well as all applicable copyright, trademark or other legal notices or restrictions.

7. User Content
As part of your use of the Services, you may be able to upload, submit, store, send, or receive data,
pictures, photos, text, graphics, audio, video, location information, Commentary and any other
materials to our Mobile App ("User Content").
You retain ownership of any intellectual property rights that you hold in that User Content. User
Content may include personal information (including Protected Health Information, as that term is
defined under the Health Insurance Portability and Accountability Act (as amended and the
regulations promulgated thereunder) or other personal data as defined under applicable law. We
have implemented and maintain appropriate measures in accordance with generally accepted
industry standards to (i) protect against any anticipated threats or hazards to the security or integrity
of User Content; and (ii) protect against unauthorized access to User Content, in accordance with
our Privacy Policy.
You hereby grant us a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive,
transferable, sub-licensable right to use any User Content in any manner to be determined our sole
discretion, including but not limited to, using the User Content: (i) for improving the Mobile App; (ii)
to be used in research to understand and improve the Services; (iii) to troubleshoot the Services; (iv)
to detect and protect against error, fraud or other criminal activity; (v) to protect the security or
integrity of the Services; (vi) to use, host, store, reproduce, modify, create derivative works (such as
translations, adaptations, or other changes we make so that User Content works better with the
Mobile App and Services), and (vii) to use the User Content for our internal management and
administration, including for data analytics purposes, or otherwise as required or permitted by law.
We shall own and retain all rights, title and interest in and to ideas, concepts, know-how, algorithms,
software, computer code, routines or sub-routines, specifications, plans, notes, drawings, designs,
pictures, images, text, audiovisual works, inventions, data, information and other items, expressions,
works of authorship or work product that relate to any enhancement or improvement to the
Services that is in connection with the analysis of the User Content or as a result of any Commentary
("Improvement").
To the extent that any intellectual property rights in any Improvement do not automatically vest in
Biofourmis, you will (by way of present assignment of future rights where appropriate) assign
absolutely and irrevocably to Biofourmis with full title guarantee all rights, title and interest that you
may have or may in future acquire in all such enhancement request, including all intellectual
property rights in any Improvement, for the full term of such rights throughout the world. You will
execute all documents and take all actions necessary or reasonably requested by Biofourmis to
document, obtain, renew, maintain, perfect or assign to Biofourmis the rights to the Improvement.
To the extent that any User Content includes the personal data of any third party, you acknowledge
that it is your responsibility to ensure that you have obtained the necessary rights to transfer the
relevant personal data to us and that the relevant third parties have been informed of, and have
given their consent to, such use, processing, and transfer as may be required by all applicable data
protection legislation.

8. Third Party Data
Some of the Content on our Mobile App is licensed to you directly from the owner or licensor of that
material and/or content ("third party data"). The use of this third-party data is subject to other
terms and conditions that are prescribed by the relevant owner or licensor of that third-party data.
The use of any such third-party data sets is subject to you accepting those terms of use and agreeing
to abide by them.
Any references in our Mobile App to third-party data are provided for your information only. We
have no control over those third-party data sets, and accept no responsibility for them or for any
loss or damage that may arise from your use of them. As we have no control over the third-party
data sets and have not independently verified the accuracy of the third-party data sets, you
acknowledge and agree that we are not responsible for the availability or accuracy of the third-party
data sets.
The table below sets out the third party data sets and applicable terms and conditions that are
available on the Mobile App. You agree to comply with those terms and conditions in connection
with your use of that third-party data set.
Third party licence Applicable terms of use
EuroQOL (EQ-5D-5L) https://euroqol.org/wp-content/uploads/2018/05/Privacy-Statement.pdf
CV Outcomes (KCCQ-12) https://cvoutcomes.org/faqs/3031#3219

9. Representations and Warranties
When you access our Mobile App and/or use our Services, you hereby represent and warrant that:
• you are at least 18 years of age or, if you are under 18 years of age, you have obtained
consent from your parent(s) or legal guardian(s) in accordance with paragraph 1 above;
• you are capable of entering into and performing legally binding contracts under Applicable
Law; and
• all information which you provide is accurate, up to date, truthful and complete.

10. Reliance on Information Posted
You understand and agree that the Content and other materials on the Mobile App may not be free
from errors. To the extent permitted by Applicable Law, we therefore disclaim all liability and
responsibility arising from any reliance placed on such Content by any user of the Mobile App, or by
anyone who may be informed of any of its Contents.

11. Our Mobile App Changes Regularly
We aim to update our Mobile App regularly, and may change the Content at any time. If the need
arises, we may suspend access to our Mobile App, or close it indefinitely. Any of the Content on our
Mobile App may be out of date at any given time, and we are under no obligation to update such
material.

12. Compatibility
We do not warrant or represent that the Mobile App or Services will be compatible or interoperable
with your device or any other piece of hardware, software, equipment or device installed on or used
in connection with your device. Furthermore, you acknowledge that compatibility and
interoperability problems can cause the performance of your device to diminish or fail completely,
and may result in permanent damage to your device, loss of data located on your device and
corruption of the software and files located on your device. You acknowledge and agree that
Biofourmis and its Group, partners, suppliers and licensors shall have no liability to you for any losses
suffered resulting from or arising in connection with compatibility or interoperability problems.

13. Disclaimer of Warranties and Limitation of Liability
THE MOBILE APP, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE MOBILE APP
AND THE SERVICES ARE PROVIDED "WITH ALL FAULTS", "AS IS" AND "AS AVAILABLE" AND WITHOUT
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL
NOT GIVE ANY GUARANTEES, CONDITIONS OR WARRANTIES:
• AS TO THE ACCURACY, RELIABILITY OR CORRECTNESS OF ANY DATA PROVIDED THROUGH
THE SERVICES;
• THAT THE SERVICES WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE OR
FREE FROM ERRORS; AND
• THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OR RIGHTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR GROUP AND THIRD PARTIES CONNECTED
TO US HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH
OUR MOBILE APP OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF
OUR MOBILE APP, ANY SERVICES, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT,
INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR:
• LOSS OF INCOME OR REVENUE;
• LOSS OF BUSINESS;
• LOSS OF PROFITS OR CONTRACTS;
• LOSS OF ANTICIPATED SAVINGS;
• LOSS OF DATA;
• LOSS OF GOODWILL;
• WASTED MANAGEMENT OR OFFICE TIME; AND
• FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN
IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, NOTHING IN THESE TERMS OF USE SHALL
EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR
NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION
AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
BIOFOURMIS AND ITS GROUP WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR
ACCESS TO OR USE OF THE MOBILE APP; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF
TRANSMISSION TO OR FROM THE MOBILE APP; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE MOBILE APP BY ANY THIRD PARTY; OR (f)
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE MOBILE APP. THE
FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF
BIOFOURMIS’ OWN NEGLIGENCE.
BIOFOURMIS AND THE GROUP MAKE NO REPRESENTATION OR WARRANTY THAT THE MOBILE APP,
CONTENT, SOFTWARE, OR ANY PRODUCT/SERVICE OFFERED OR PURCHASED THROUGH THE MOBILE
APP IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED
STATES, HONG KONG OR SINGAPORE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BIOFOURMIS OR THROUGH THE MOBILE APP WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. IN ADDITION, BIOFOURMIS AND ITS
GROUP DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE
MOBILE APP, ITS CONTENT, THE SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BIOFOURMIS
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES
OFFERED ON THE MOBILE APP.
IN THE EVENT OF ANY PROBLEM WITH THE MOBILE APP, THE CONTENT OR THE SOFTWARE, YOU
AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE MOBILE APP. IN THE EVENT OF
ANY PROBLEM WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS MOBILE APP, YOU
AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT
OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A
REFUND OR RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.
YOU ACKNOWLEDGE, BY YOUR USE OF THE MOBILE APP, THAT YOUR USE IS AT YOUR SOLE RISK,
THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA
YOU USE IN CONNECTION WITH YOUR USE OF THE MOBILE APP AND THAT WE AND THE GROUP
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO
USE THE MOBILE APP.
TO THE EXTENT THAT OUR LIABILITY MAY NOT BE EXCLUDED UNDER THESE TERMS OF USE, OUR
LIABILITY SHALL BE LIMITED TO YOUR DIRECT AND DOCUMENTED DAMAGES AND, YOU AGREE,
THAT IN NO EVENT WILL SUCH LIABILITY EXCEED IN AGGREGATE THE AMOUNT RECEIVED BY
BIOFOURMIS FROM YOU, YOUR TREATNG PHYSICIAN, CLINIC, HOSPITAL OR INSURER FOR YOUR USE
OF OUR MOBILE APP OR SERVICES.
The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such
warranties and the extent of Biofourmis’ liabilities, shall apply to the fullest extent permitted by
Applicable Law.

14. Indemnification
You shall defend and indemnify us against any claims, actions, proceedings, losses, damages,
expenses and costs (including without limitation, court costs and reasonable legal fees) arising out of
or in connection with: (a) your use of the Mobile App or Services; (b) your breach of any provision of
the Terms of Use; (c) any commentary that you have posted on the Mobile App; or (d) your violation
of any rights of another person or entity. This indemnity is a continuing obligation, constitutes a
separate and independent obligation of the party giving the indemnity and will survive the
termination or expiration of these Terms of Use.

15. No Doctor-Patient Relationship
You understand and agree that the Mobile App and Services are not provided in the course of a
professional relationship between a health care provider and a patient and are not intended to
create any doctor-patient relationship, nor should it be considered a replacement for consultation
with a health care professional, including your treating physician. You should never disregard
medical advice or delay seeking medical advice because of content available on the Mobile App or
the results you receive through the Mobile App. You agree to contact your treating physician
immediately should your condition worsen or, if you require urgent care, you agree to contact your
local emergency services immediately via your usual communication channels such as telephone.
The Content and any other information you receive from Biofourmis are not intended, designed, or
implied to diagnose, cure, mitigate, treat, or prevent, any condition or disease, to ascertain the state
of your health, or to be a substitute for professional medical care, and you understand and agree
that the Mobile App is intended to support general health and wellness only. You acknowledge and
agree that Biofourmis urges you to seek the advice of your treating physician or other health care
provider if you have questions or concerns arising from the Mobile App or the results therefrom. If
you have an emergency medical condition, contact a qualified health care professional immediately.

16. Termination
These Terms of Use are effective upon the date you first access or use the Services and shall
continue for the subscription period of your account. You may terminate these Terms of Use by
deleting your account and ceasing to use the Services. If you create another account with us, or use
our Services again, you are consenting to these Terms of Use.
We may terminate these Terms of Use at any time for any reason by providing you with notice.
We may suspend your account with us and your ability to use the Services or terminate these Terms
of Use if:
• the service agreement between Biofourmis and the entity which paid for your subscription
to the Services (such as your relevant hospital, clinic, medical institution or insurance
company) has been terminated;
• we determine in our sole discretion that you pose a risk of fraud or credit risk;
• we determine in our sole discretion that you have used the Services in a prohibited manner
or otherwise do not comply with any of the provisions of these Terms of Use; or
• any Applicable Law or governmental or regulatory authority requires us to do so.
Without prejudice to paragraph 1 of the Terms of Use, and without limiting any other rights or
remedies, upon the expiry or termination of these Terms of Use:
• all licenses and permissions granted by us under these Terms of Use shall immediately
terminate;
• Biofourmis may suspend and/or withdraw any passwords and access to the Mobile App;
• we will not be liable to you for any compensation, reimbursement or damages related to
your use of the Services or any termination or suspension of the Services or the deletion of
your information or account data; and
• paragraphs 7 (User Content), 10 (Reliance on Information Posted), 12 (Compatibility), 13
(Disclaimer of Warranties and Limitation of Liability), 16 (Termination), 20 (Jurisdiction and
Applicable Law) and 24 (Miscellaneous – Rights of Third Parties) of the Terms of Use and any
other terms of these Terms of Use which expressly or by implication have effect after
expiration or termination shall continue in full force and effect.

17. Information About You, Others and Your Visits to our Mobile App
We process information about you in accordance with our Privacy Policy ‘https://biofourmis.com/
privacy-policy’. By using our Mobile App or Services, you agree that you have read Privacy Policy and
you warrant that all data provided by you is accurate.

18. Viruses, Hacking and Other Offences
You must not misuse our Mobile App by knowingly introducing viruses, trojans, worms, logic bombs
or other material which is malicious or technologically harmful. You must not attempt to gain
unauthorised access to our Mobile App, the server on which our Mobile App is stored or any server,
computer or database connected to our Mobile App. You must not attack our Mobile App via a
denial-of-service attack or a distributed denial-of service attack.
We will report any breach of this provision to the relevant law enforcement authorities and we will
co-operate with those authorities by disclosing your identity to them. In the event of such a breach,
your right to use our Mobile App and Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses
or other technologically harmful material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of our Mobile App or to your
downloading of any material posted on it, or on any website linked to it.

19. Links from our Mobile App
Where our Mobile App contains links to other sites and resources provided by third parties, these
links are provided for your information only. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that may arise from your
use of them. As we have no control over such sites and resources, you acknowledge and agree that
we are not responsible for the availability of such external sites or resources and are not responsible
or liable for any content, advertising, information, products, services or other materials on or
available from such sites or resources.

20. Jurisdiction and Applicable Law
Subject to paragraph 21, the following terms shall apply for any claim arising from, or related to, a
visit to, or use of, our Mobile App or Services:
A. Users within the United States
These Terms of Use and your use of the Mobile App shall be governed by the laws of the State of
Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or
relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration
in Delaware under the rules of the American Arbitration Association (“AAA”), except that either
party may bring a claim related to intellectual property rights, or seek temporary and preliminary
specific performance and injunctive relief, in any court of competent jurisdiction, without the
posting of bond or other security. The parties agree to the personal and subject matter jurisdiction
and venue of the courts located in Delaware, for any action related to these Terms of Use.
B. Users From All Other Countries
These Terms of Use and your use of the Mobile App shall be governed by the laws of
Singapore in accordance with the SIAC Rules for the time being in force which rules are deemed to
be incorporated by reference in this paragraph. Any dispute arising under or relating in any way to
these Terms of Use will be resolved exclusively by final and binding arbitration in Singapore,
although we retain the right to bring proceedings against you for breach of these conditions in your
country of residence or any other relevant country. The arbitration tribunal shall consist of 1
arbitrator to be jointly appointed by the parties and in the event that the parties fail to agree on the
appointment, by the President of the Court of Arbitration of the SIAC. The language of the
arbitration shall be English. Nothing in this paragraph prevents a party from seeking urgent or similar
interim relief from a court of competent jurisdiction.

21. Dispute resolution
If any dispute arises with Biofourmis under or in relation to these Terms of Use it shall first be
referred to Biofourmis. If the parties are unable to resolve the dispute within 14 days of referral,
then such dispute shall be referred to and finally resolved by arbitration in accordance with the
terms set forth in Section 20 above.
In furtherance of Section 20 above:
• You may not act as a class representative or private attorney general, nor participate as a
member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a
class or representative basis. The arbitrator can decide only your individual claims. The
arbitrator may not consolidate or join the claims of other persons or parties who may be
similarly situated. You understand that by visiting or using the Mobile App, you are
consenting and agreeing to these Terms of Use. No waiver by us of any term or condition set
forth in these Terms of Use shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of us to assert a right or
provision under these Terms of Use shall not constitute a waiver of such right or provision.
• This arbitration agreement does not preclude you or us from seeking action by federal,
state, or local government agencies. We both also have the right to bring qualifying claims in
small claims court. In addition, we both retain the right to apply to any court of competent
jurisdiction for provisional relief, including pre-arbitral attachments or preliminary
injunctions, and any such request shall not be deemed incompatible with these Terms of
Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these
Terms of Use.
• If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the
Terms of Use will continue in full force and effect.
SECTIONS 20 and 21 LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION,
THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR
REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR
SIAC RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT
YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

22. Trademarks
All trademarks, service marks, trade names and logos used and displayed on the Mobile App
("Trademarks") are registered and unregistered trademarks of us or third parties. Except as
expressly provided in these Terms of Use, nothing on the Mobile App and in these Terms of Use shall
be construed as granting, by implication, estoppel, or otherwise, any license or right to use
(including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the
Mobile App, without our written permission or any other applicable trademark owner.

23. Variations
We may revise these Terms of Use at any time by amending this page. You are expected to check
this page from time to time to take notice of any changes we made, as they are binding on you.
Some of the provisions contained in these Terms of Use may also be superseded by provisions or
notices published elsewhere on our Mobile App. We may provide you with notice of any changes
through the Mobile App, via email, or through other means. Your use of the Services after a change
has taken effect constitutes your acceptance of the terms of the modified Terms of Use. You can find
out when these Terms of Use were last changed by checking the “Last Updated” date at the bottom
of these Terms of Use.
Any terms or conditions that are contained in any other document that is issued by you or in
correspondence or documents passing between Biofourmis and you will have no effect, and will not
affect any agreement between the parties, even if Biofourmis has had notice of those terms or
conditions and do not constitute an offer or a counter-offer by Biofourmis.

24. Miscellaneous
If any part of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed
modified to the minimum extent necessary to make it valid, legal and enforceable. If such
modification is not possible, the relevant terms shall be deemed deleted. Any modification to or
deletion of a term under this paragraph shall not affect the validity and enforceability of the rest of
these Terms of Use, except as expressly stated.
Our failure or delay to exercise or enforce any right or remedy provided in these Terms of Use or by
Applicable Law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent
or restrict any further exercise of that or any other right or remedy. No single or partial exercise of
any right or remedy provided under these Terms of Use or by law shall prevent or restrict the further
exercise of that or any other right or remedy. Any waiver of any provision of these Terms of Use will
be effective only if in writing signed by us or our authorised representative.
These Terms of Use will be binding upon and will inure to the benefit of the parties, their successors,
and permitted assigns. No one other than the parties, their successors and permitted assigns, shall
have any right to enforce any of these Terms of Use.
You may not assign these Terms of Use, any rights or licences granted in these Terms of Use, or
operation of your account with Biofourmis to others without our prior written consent. We may
assign these Terms of Use without your consent or any other restriction.
Except as provided in paragraphs 12 (Compatibility) and 13 (Our liability), a person who is not a party
to these Terms of Use may not enforce any of its provisions under Contracts (Rights of Third Parties)
Act (Chapter 53B of Singapore). The consent of each of the entities identified in paragraphs 12 and
13 is not necessary for any variation (including any release or compromise in whole or in part of any
liability) or termination of these Terms of Use or any one or more provisions of it.
Neither party will be liable for any delays in processing or other non-performance caused by
telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist
attacks; non-performance of our vendors or suppliers, fires or acts of nature; or any other event over
which the respective party has no reasonable control.
Except as expressly stated in these Terms of Use, nothing in these Terms of Use serves to establish a
partnership, joint venture, or other agency relationship between you and us. Neither you nor we
have the ability to bind the other party to any contract or obligation, and neither party will represent
that you or we have such ability.
These Terms of Use and all policies and procedures that are incorporated by reference constitute
the entire agreement between you and Biofourmis for provision and use of the Mobile App and
Services. Except where expressly stated otherwise in writing executed between you and Biofourmis,
these Terms of Use will prevail over any conflicting policy or agreement for the provision or use of
the Mobile App and Services.
We respect the intellectual property rights of others. Please notify us in writing, by email or mail to
our designated agent listed below, if you believe that a user of the Mobile App has infringed your
intellectual property rights. Notice should be sent or emailed to: legal@biofourmis.com.
To be effective the notification should include:
• identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to
permit us to locate the material on the App; information reasonably sufficient to permit us
to contact you, such as an address, telephone number, and, if available, an email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notification is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf; and
• your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may
immediately remove the identified materials from the Mobile App without liability, and the claims of
the complaining party and party that originally posted the materials will be referred to the local
court for adjudication.

25. Your concerns
If you have any concerns about material which appears on our Mobile App, please contact
privacy@biofourmis.com.
We shall provide all notices to you at the email address or physical address that you have provided
to us. You are solely responsible for keeping that information current with us. You hereby agree that
all agreements, notices, disclosures, and other communications that we provide electronically to you
satisfy any legal requirement that such communications be in writing.

Note: This Privacy Policy (or, in the case of the Terms of Use, the "Terms of Use") is translated into
Chinese. To the extent there is any inconsistency between the Chinese and the English versions, the
English version shall prevail.

Last Updated: 9 March, 2020

Biofourmis Mobile App Terms (caregivers)

Biofourmis HCP Dashboard Terms of use
Biofourmis Singapore Pte. Ltd (“Biofourmis”, also referred to as “we”, “us”, or “our”) operates the
BiovitalsTM platform on behalf of itself and its group of companies (“Group”). Biofourmis is a private
limited company incorporated in Singapore. We discover, develop and deliver clinically-validated
software-based therapeutics for complex chronic conditions to provide better outcomes for patients
and advanced tools for clinicians to deliver personalized care and cost-effective solutions.
This page (together with the documents referred to on it, including, but not limited to, our Privacy
Policy, which are incorporated herein by reference) describes the terms of use (all of the foregoing
collectively referred to as the "Terms of Use") on which you may make use of our desktop
application ("Desktop App") at ‘https://wp.biofourmis.com’, mobile applications ("Mobile App"),
and any other portal that is operated and provided by Biofourmis (collectively, the "Site"), whether
in connection with:
• as a visitor to our Site; or
• as a user with a registered account on the (medical professional or other authorised user
acting on behalf of your hospital, clinic or other medical institution).
All of the services available on or through the Site or otherwise offered, maintained and/or provided
by us are referred to in this document as our "Services".
Please read these Terms of Use carefully and accept it before you start to use the Services. By
visiting the Site or using our Services, you are automatically agreeing to be bound by and accept
these Terms of Use. If you do not agree to these Terms of Use, please refrain from using our
Services.
We reserve the right to change these Terms of Use or to modify any Site features or the Services at
any time. You are responsible for regularly reviewing these Terms of Use and we encourage you,
therefore, to review them carefully whenever you visit the Site. If you do not agree with any of the
Terms of Use, please do not use the Site.

1. Accessing our Services
We reserve the right to withdraw access to or amend any Services that we may provide without
notice (see Section 2 below).To the further extent permitted by Applicable Law, we will not be liable
if for any reason our Services are unavailable at any time or for any period. From time to time, we
may restrict access to some parts of our Services, or our entire Services, to users who have
registered with us or on a paid access basis.
You agree to comply with any and all guidelines, notices, operating rules and policies, and
instructions pertaining to the use of the Services and/or access to the Site, as well as any
amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise
these guidelines, notices, operating rules and policies, and instructions at any time and you are
deemed to be aware of and bound by any changes to the foregoing upon their publication on the
Site.
All material, data, text, content, graphics, images, videos, sounds, reports and other content
(collectively, "Content") contained on the Site or delivered through the Services is protected by
intellectual property rights, including trademarks and copyright, which is owned by or has been
licensed to us. You agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publish, adapt, edit or create derivative works of any Content, or post any Content
on any other website or in a networked computer environment for any purpose, save as permitted
under these Terms of Use.
You may choose to or we may invite you to submit comments or ideas about improvements to the
Service or the Site ("Commentary"). If you submit any Commentary to us, we will presume that your
submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use
of the Commentary. You also agree that Biofourmis has no fiduciary or any other obligation to you in
connection with any Commentary you submit to us, and that we are free to use your Commentary or
the ideas reflected in the Commentary without any attribution or compensation to you.

2. Use of Site
The ways in which you can use the Site may also be controlled by the applicable Apple App Store or
Google Play Store's rules and policies and the Apple App Store or Google Play Store's rules and
policies (whichever applicable) will prevail over these Terms of Use only to the extent of any
inconsistencies in relation to the use of the Site.
By using the Site, you understand and agree that we reserve complete and sole discretion with
respect to the operation of the Site or Services, and that we may, among other things withdraw,
suspend or discontinue any functionality or feature of the Site or Services. We may, at our sole
discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward
basis. Continued use of the Site following notice of any such changes will indicate your
acknowledgement of such changes and agreement to be bound by the revised Terms of Use,
inclusive of such changes. Subject to applicable law, we reserve the right to maintain, delete, or
destroy all communications and materials posted or uploaded to the Site pursuant to their internal
record retention and/or destruction policies.
Certain functionality relating to the use of the Services is only made available on our Site and not the
Desktop Version.

3. Restrictions of Use
The Site is intended for use only on a mobile device or computer that is running an unmodified
manufacturer-approved operating system. Using the Site on a device with a modified operating
system may undermine security features that are intended to protect your personal information
from unauthorized or unintended disclosure. You may compromise the privacy and security of your
personal information if you use the Site on a mobile device that has been modified. Use of the Site
on a mobile device with a modified operating system is a material breach of these Terms of Use.
You should not consider content on the App to be medical advice.
In using the Site and/or Services, you shall not, and you shall not permit anyone else to, directly or
indirectly:
• except as expressly permitted by law, or as authorised under these Terms of Use, rent, lease,
sub-licence, copy, modify, adapt, merge, translate, reverse engineer, decompile,
disassemble, make error corrections or create derivative works based on the whole or any
part of the Site or Services;
• remove Biofourmis' or any other user's trade mark, copyright notice, water mark or any
other proprietary notice;
• rent, lease, distribute, resell or use the Services for other commercial purposes except as
allowed in these Terms of Use;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in any activity that interferes with or disrupts the Services or the Site;
• upload any comments or ideas that violates or infringes another party's right of publicity,
privacy, copyright, trade mark or other intellectual property right;
• violate any applicable laws, rules, regulations, standards and licensing requirements, in
connection with your use or access of the Services ("Applicable Law");
• use the Services in violation of or to circumvent any sanctions or embargo;
• use the Services for any purpose for which it is not designed or intended;
• use the Services to create or promote a product, service or software that is directly or
indirectly competitive with or in any way a substitute for the Services;
• use the Services to send, post or otherwise communicate any content that is offensive,
indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive,
fraudulent, tortious, obscene or is racially, ethically or otherwise objectionable;
• use any scraper, robot, bot, spider, crawler or any other automated device or means to
access, acquire, copy or monitor any portion of the Services, or any data or content found or
access through the Services;
• transmit any viruses or other computer instructions or technological means whose purpose
is to disrupt, damage, or interfere with the use of computers or related systems;
• impersonate any person or entity or perform any other similar fraudulent activity, such as
phishing;
• collect any information in respect of other end users without their consent;
• obtain or attempt to obtain unauthorised access to such parts of the Site and/or Services, or
to any other protected information, through any means not intentionally made available by
us for your specific use; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

4. User Accounts
The Services made available on the Site require the creation of an account with us or for you to
provide personal data. If you request to create an account with us, a username and password shall
be provided in connection with the use of the Services and/or access to the relevant Site. The
username and password are encrypted in Biofourmis server. By logging in to Biofourmis service, the
server will validate against user credentials and issues an access token for any further
communication to the server. We may, request that you update your personal data or forthwith
invalidate the username and/or password without giving any reason or prior notice and shall not be
liable or responsible for any losses suffered by or caused by you or arising out of or in connection
with or by reason of such request or invalidation.
You hereby agree to keep the username and password confidential and shall be fully and solely
responsible for the security of your username and password and liable for any disclosure or use
(whether such use is authorized or not) of the username and/or password. You are to notify us
immediately if you have knowledge that or have reason for suspecting that the confidentiality of the
username and/or password has been compromised or if there has been any unauthorised use of the
username and/or password or if your personal data requires updating.
You agree and acknowledge that you shall be responsible for all persons who use the Services and/or
access the Site through your account. You further agree and acknowledge that you shall be bound by
and agree to fully indemnify us against any and all losses attributable to any use of any Services and/
or access to the Site through your account.
Privacy and security is very important to us. Our Privacy Policy explains how we collect, use, protect,
and share personal information with others. Personal information will be stored in a secure manner.
We have implemented a variety of security technologies and procedures to protect personal
information stored on our computer systems from unauthorized access. We also maintains standard
physical and electronic procedural safeguards that limit access to personal information to our
employees (or people working on our behalf and under confidentiality agreements) who, through
the course of standard business activities, need to access personal information.
We reserve the right to revoke or deactivate your username and password at any time. We reserve
the right to take any and all action, as deemed necessary or reasonable, regarding the security of the
Site and your account.

5. Support for the Site
We will, as part of the Services, provide you with our standard customer support services during
normal business hours (9:00 am to 6:00 pm) in accordance with our Support Services Policy in effect
at the time that the Services are provided. We may amend the Support Services Policy in our sole
and absolute discretion from time to time.
If you want to learn more about the support services, please take a look at our Support Services
Policy at https://biofourmis.com/webapplication-support-service-policy

6. Intellectual Property rights
All intellectual property rights in our Site and Services, and in the Content, are owned, licensed to or
controlled by us, our licensors or our service providers. Those works are protected by copyright laws
and treaties around the world and we reserve the right to enforce its intellectual property to the
fullest extent of the law. All such rights are reserved.
We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right
to sub-licence) to access and use the Site and Content solely for analytical purposes related to
disease management and patient care in accordance with these Terms of Use. We do not provide
any medical advice, diagnosis, counselling, testing or treatment to you or any of your patients. These
services shall be provided solely by you. Our Site is limited to the provision of ambulatory
physiological and health monitoring of your patients so as to provide you with predictive, precise
and actionable health insights which can assist in any post-acute medical care treatment that you
provide to your patients. You agree that you will not, in addition to the other prohibitions and
limitations set forth herein use the Site or Services in any manner that exceeds the scope of use
granted herein.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to
use our Site will cease immediately and you must, at our option, return or destroy any copies of the
materials you have made. Except as otherwise set forth herein, you may not reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform, republish, download, store or
transmit any of the material on our Site except as generally and ordinarily permitted through the
Site according to these Terms of Use. You must not access or use for any commercial purposes any
part of the Site.
Except as expressly granted to you under these Terms of Use, you have no rights, including any claim
for intellectual property or other proprietary rights, in the Site and we hereby reserve all rights not
expressly granted to you. You must comply with all Applicable Law when using the Site as well as all
applicable copyright, trademark or other legal notices or restrictions.

7. User Content
As part of your use of the Services, you may be able to upload, submit, store, send, or receive data,
pictures, photos, text, graphics, audio, video, Commentary and any other materials to our Site ("User
Content").
You retain ownership of any intellectual property rights that you hold in that User Content, however,
you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive,
transferable, sub-licensable right to use any User Content in any manner to be determined our sole
discretion, including but not limited to, using the User Content: (i) for improving the Site; (ii) to be
used in research to understand and improve the Services; (iii) to troubleshoot the Services; (iv) to
detect and protect against error, fraud or other criminal activity; (v) to protect the security or
integrity of the Services; (vi) to use, host, store, reproduce, modify, create derivative works (such as
translations, adaptations, or other changes we make so that User Content works better with the
Site), and (vii) to use the User Content for our internal management and administration, including
for data analytics purposes, or otherwise as required or permitted by law.
We shall own and retain all rights, title and interest in and to ideas, concepts, know-how, algorithms,
software, computer code, routines or sub-routines, specifications, plans, notes, drawings, designs,
pictures, images, text, audiovisual works, inventions, data, information and other items, expressions,
works of authorship or work product that relate to any enhancement or improvement to the
Services that is in connection with the analysis of the User Content or as a result of any Commentary
("Improvement").
To the extent that any intellectual property rights in any Improvement do not automatically vest in
Biofourmis, you will (by way of present assignment of future rights where appropriate) assign
absolutely and irrevocably to Biofourmis with full title guarantee all rights, title and interest that you
may have or may in future acquire in all such enhancement request, including all intellectual
property rights in any Improvement, for the full term of such rights throughout the world. You will
execute all documents and take all actions necessary or reasonably requested by Biofourmis to
document, obtain, renew, maintain, perfect or assign to Biofourmis the rights to the Improvement.
To the extent that any User Content includes the personal data of any third party, you acknowledge
that it is your responsibility to ensure that you have obtained the necessary rights to transfer the
relevant personal data to us and that the relevant third parties have been informed of, and have
given their consent to, such use, processing, and transfer as may be required by all applicable data
protection legislation.

8. Third Party Data
Some of the Content on our Site is licensed to you directly from the owner or licensor of that
material and/or content ("third party data"). The use of this third-party data is subject to other
terms and conditions that are prescribed by the relevant owner or licensor of that third-party data.
The use of any such third-party data sets is subject to you accepting those terms of use and agreeing
to abide by them.
Any references in our Site to third-party data are provided for your information only. We have no
control over those third-party data sets, and accept no responsibility for them or for any loss or
damage that may arise from your use of them. As we have no control over the third-party data sets
and have not independently verified the accuracy of the third-party data sets, you acknowledge and
agree that we are not responsible for the availability or accuracy of the third-party data sets.
The table below sets out the third party data sets and applicable terms and conditions that are
available on the Site. You agree to comply with those terms and conditions in connection with your
use of that third-party data set.
Third party licence Applicable terms of use
EuroQOL (EQ-5D-5L) https://euroqol.org/wp-content/uploads/2018/05/Privacy-Statement.pdf
CV Outcomes (KCCQ-12) https://cvoutcomes.org/faqs/3031#3219

9. Representations and Warranties
When you access our Site and/or use our Services, you hereby represent and warrant that:
• if you are an individual:
o you are at least 18 years of age;
o you are capable of entering into and performing legally binding contracts under
Applicable Law; and
o all information which you provide is accurate, up to date, truthful and complete.
• if you represent a corporate entity:
o you have the full right, legal power and actual authority to bind such entity to this
Terms of Use;
o that entity is duly organized, validly existing and in good standing under the laws of
the state, province or country of its incorporation; and
o all information which you provide is accurate, up to date, truthful and complete.

10. Reliance on Information Posted
You understand and agree that the Content and other materials on the Site may not be free from
errors. To the extent permitted by Applicable Law, we therefore disclaim all liability and
responsibility arising from any reliance placed on such Content by any user of the Site, or by anyone
who may be informed of any of its Contents.

11. Our Site Changes Regularly
We aim to update our Site regularly, and may change the Content at any time. If the need arises, we
may suspend access to our Site, or close it indefinitely. Any of the Content on our Site may be out of
date at any given time, and we are under no obligation to update such material.

12. Compatibility
We do not warrant or represent that the Site or Services will be compatible or interoperable with
your device or any other piece of hardware, software, equipment or device installed on or used in
connection with your device. Furthermore, you acknowledge that compatibility and interoperability
problems can cause the performance of your device to diminish or fail completely, and may result in
permanent damage to your device, loss of data located on your device and corruption of the
software and files located on your device. You acknowledge and agree that Biofourmis and its
Group, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting
from or arising in connection with compatibility or interoperability problems.

13. Disclaimer of Warranties and Limitation of Liability
THE SITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE AND THE
SERVICES ARE PROVIDED "WITH ALL FAULTS", "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT GIVE
ANY GUARANTEES, CONDITIONS OR WARRANTIES:
• AS TO THE ACCURACY, RELIABILITY OR CORRECTNESS OF ANY DATA PROVIDED THROUGH
THE SERVICES;
• THAT THE SERVICES WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE OR
FREE FROM ERRORS; AND
• THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OR RIGHTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR GROUP AND THIRD PARTIES CONNECTED
TO US HEREBY EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH
OUR SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR
SITE, ANY SERVICES, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING,
WITHOUT LIMITATION ANY LIABILITY FOR:
• LOSS OF INCOME OR REVENUE;
• LOSS OF BUSINESS;
• LOSS OF PROFITS OR CONTRACTS;
• LOSS OF ANTICIPATED SAVINGS;
• LOSS OF DATA;
• LOSS OF GOODWILL;
• WASTED MANAGEMENT OR OFFICE TIME; AND
• FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN
IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, NOTHING IN THESE TERMS OF USE SHALL
EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR
NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION
AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
BIOFOURMIS AND ITS GROUP WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR
ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF
ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR
FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE. THE FOREGOING SHALL NOT APPLY
TO THE EXTENT THAT ANY SUCH INJURY OR HARM IS THE RESULT OF BIOFOURMIS’ OWN
NEGLIGENCE.
BIOFOURMIS AND THE GROUP MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE,
CONTENT, SOFTWARE, OR ANY PRODUCT/SERVICE OFFERED OR PURCHASED THROUGH THE SITE IS
APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES,
HONG KONG, OR SINGAPORE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BIOFOURMIS OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE IN THESE TERMS OF USE. IN ADDITION, BIOFOURMIS AND ITS GROUP DISCLAIM
ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, ITS CONTENT, THE
SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, BIOFOURMIS DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE SITE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE CONTENT OR THE SOFTWARE, YOU AGREE
THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE SITE. IN THE EVENT OF ANY PROBLEM
WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, YOU AGREE THAT YOUR REMEDY,
IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN
ACCORDANCE WITH THE MANUFACTURER'S OR SUPPLIER'S WARRANTY OR TO SEEK A REFUND OR
RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU
ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING,
REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN
CONNECTION WITH YOUR USE OF THE SITE AND THAT WE AND THE GROUP SHALL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.
TO THE EXTENT THAT OUR LIABILITY MAY NOT BE EXCLUDED UNDER THESE TERMS OF USE, OUR
LIABILITY SHALL BE LIMITED TO YOUR DIRECT AND DOCUMENTED DAMAGES AND, YOU AGREE,
THAT IN NO EVENT WILL SUCH LIABILITY EXCEED IN AGGREGATE THE AMOUNT OF USD PAID BY THE
RELEVANT CLINIC, HOSPITAL OR INSURER TO BIOFOURMIS FOR YOUR USE OF OUR MOBILE APP OR
SERVICES.
The foregoing disclaimer of implied warranties or liabilities, including the scope and duration of such
warranties and the extent of Biofourmis’ liabilities, shall apply to the fullest extent permitted by law.

14. Indemnification
You shall defend and indemnify us against any claims, actions, proceedings, losses, damages,
expenses and costs (including without limitation, court costs and reasonable legal fees) arising out of
or in connection with: (a) your use of the Site or the Services; (b) your breach of any provision of the
Terms of Use; (c) any commentary that you have posted on the Site; or (d) your violation of any
rights of another person or entity. This indemnity is a continuing obligation, constitutes a separate
and independent obligation of the party giving the indemnity and will survive the termination or
expiration of these Terms of Use.

15. No Medical Advice
You understand and agree that the Site and Services are not provided in the course of a professional
relationship between a health care provider and a patient and are not intended to create any
doctor-patient relationship between us and your patient (or any professional relationship between
us and you), nor should you rely on them as a replacement for exercising your own professional
judgment when providing medical advice to your patients. You should never disregard professional
medical advice because of content available on the Site or the results you receive through the Site.
The Content and any other information you receive from Biofourmis are not intended, designed, or
implied to diagnose, cure, mitigate, treat, or prevent, any condition or disease, to ascertain the state
of your patient's health, or to be a substitute for professional medical care. You acknowledge and
agree that you shall be responsible for providing any medical advice to your patients if they have
questions or concerns arising from the Site or the results therefrom.

16. Termination
These Terms of Use are effective upon the date you first access or use the Services and shall
continue for the subscription period of your account. You may terminate these Terms of Use by
deleting your account and ceasing to use the Services. If you create another account with us, or use
our Services again, you are consenting to these Terms of Use.
We may terminate these Terms of Use at any time for any reason by providing you with notice and,
upon such termination, any subscription fees and charges paid in advance in relation to the
terminated aspects of the Services paid by you (or the entity that paid for your subscription) shall be
non-refundable.
We may suspend your account with us and your ability to use the Services or terminate these Terms
of Use if:
• the service agreement between Biofourmis and the entity which paid for your subscription
to the Services (such as your relevant hospital, clinic, medical institution or insurance
company) has been terminated;
• we determine in our sole discretion that you pose a risk of fraud or credit risk;
• we determine in our sole discretion that you have used the Services in a prohibited manner
or otherwise do not comply with any of the provisions of these Terms of Use; or
• any Applicable Law or governmental or regulatory authority requires us to do so.
Without prejudice to paragraph 1 of the Terms of Use, and without limiting any other rights or
remedies, upon the expiry or termination of these Terms of Use:
• all licenses and permissions granted by us under these Terms of Use shall immediately
terminate;
• Biofourmis may suspend and/or withdraw any passwords and access to the Site;
• save as set out in this paragraph 16, we will not be liable to you for any compensation,
reimbursement or damages related to your use of the Services or any termination or
suspension of the Services or the deletion of your information or account data; and
• paragraphs 7 (User Content), 10 (Reliance on information posted), 12 (Compatibility), 13
(Our liability), 16 (Termination), 22 (Jurisdiction and applicable law) and 26 (Miscellaneous –
rights of third parties) of the Terms of Use and any other terms of these Terms of Use which
expressly or by implication have effect after expiry or termination shall continue in full force
and effect.

17. Information about You, Others and Your Visits to Our Site
We process information about you in accordance with our Privacy Policy ‘https://biofourmis.com/
privacy-policy’. By using our Site or Services, you agree that you have read our Privacy Policy and you
warrant that all data provided by you is accurate.

18. Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must not attempt to gain unauthorised
access to our Site, the server on which our Site is stored or any server, computer or database
connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed
denial-of service attack.
We will report any breach of this provision to the relevant law enforcement authorities and we will
co-operate with those authorities by disclosing your identity to them. In the event of such a breach,
your right to use our Site and Services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses
or other technologically harmful material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of our Site or to your downloading of
any material posted on it, or on any website linked to it.

19. Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where none exists.

20. You Must Not Establish a Link From Any Website that is Not Owned by You.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other
than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Site other than that set out above, please address
your request to privacy@biofourmis.com.

21. Links from Our Site
Where our Site contains links to other sites and resources provided by third parties, these links are
provided for your information only. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that may arise from your
use of them. As we have no control over such sites and resources, you acknowledge and agree that
we are not responsible for the availability of such external sites or resources and are not responsible
or liable for any content, advertising, information, products, services or other materials on or
available from such sites or resources.

22. Jurisdiction and Applicable Law
Subject to paragraph 23, the following terms shall apply for any claim arising from, or related to, a
visit to, or use of, our Site:
A. Users within the United States
These Terms of Use and your use of the Site shall be governed by the laws of the State of Delaware,
without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any
way to these Terms of Use will be resolved exclusively by final and binding arbitration in Delaware
under the rules of the American Arbitration Association (“AAA”), except that either party may bring
a claim related to intellectual property rights, or seek temporary and preliminary specific
performance and injunctive relief, in any court of competent jurisdiction, without the posting of
bond or other security. The parties agree to the personal and subject matter jurisdiction and venue
of the courts located in Delaware, for any action related to these Terms of Use.
B. Users From All Other Countries
These Terms of Use and your use of the Site shall be governed by the laws of Singapore in
accordance with the SIAC Rules for the time being in force which rules are deemed to be
incorporated by reference in this paragraph. Any dispute arising under or relating in any way to
these Terms of Use will be resolved exclusively by final and binding arbitration in Singapore,
although we retain the right to bring proceedings against you for breach of these conditions in your
country of residence or any other relevant country. The arbitration tribunal shall consist of 1
arbitrator to be jointly appointed by the parties and in the event that the parties fail to agree on the
appointment, by the President of the Court of Arbitration of the SIAC. The language of the
arbitration shall be English. Nothing in this paragraph prevents a party from seeking urgent or similar
interim relief from a court of competent jurisdiction.

23. Dispute resolution
If any dispute arises with Biofourmis under or in relation to these Terms of Use it shall first be
referred to Biofourmis (legal@biofourmis.com). If the parties are unable to resolve the dispute
within 14 days of referral, then such dispute shall be referred to and finally resolved by arbitration in
accordance with the terms set forth in Section 22 above.
In furtherance of Section 22 above:
• You may not act as a class representative or private attorney general, nor participate as a
member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a
class or representative basis. The arbitrator can decide only your individual claims. The
arbitrator may not consolidate or join the claims of other persons or parties who may be
similarly situated. You understand that by visiting or using the Site, you are consenting and
agreeing to these Terms of Use. No waiver by us of any term or condition set forth in these
Terms of Use shall be deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure of us to assert a right or provision
under these Terms of Use shall not constitute a waiver of such right or provision.
• This arbitration agreement does not preclude you or us from seeking action by federal,
state, or local government agencies. We both also have the right to bring qualifying claims in
small claims court. In addition, we both retain the right to apply to any court of competent
jurisdiction for provisional relief, including pre-arbitral attachments or preliminary
injunctions, and any such request shall not be deemed incompatible with these Terms of
Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these
Terms of Use.
• If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the
Terms of Use will continue in full force and effect.
SECTIONS 22 and 23 LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION,
THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR
REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR
SIAC RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT
YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

24. Trademarks
All trademarks, service marks, trade names and logos used and displayed on the Site ("Trademarks")
are registered and unregistered trademarks of us or third parties. Except as expressly provided in
these Terms of Use, nothing on the Site and in these Terms of Use shall be construed as granting, by
implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot”
link to any other website) any Trademarks displayed on the Services, without our written permission
or any other applicable trademark owner.

25. Variations
We may revise these Terms of Use at any time by amending this page. You are expected to check
this page from time to time to take notice of any changes we made, as they are binding on you.
Some of the provisions contained in these Terms of Use may also be superseded by provisions or
notices published elsewhere on our Site. We may provide you with notice of any changes through
the Site, via email, or through other means. Your use of the Services after a change has taken effect
constitutes your acceptance of the terms of the modified Terms of Use. You can find out when these
Terms of Use were last changed by checking the “Last Updated” date at the bottom of these Terms
of Use.
Any terms or conditions that are contained in any other document that is issued by you or in
correspondence or documents passing between Biofourmis and you will have no effect, and will not
affect any agreement between the parties, even if Biofourmis has had notice of those terms or
conditions and do not constitute an offer or a counter-offer by Biofourmis.

26. Miscellaneous
If any part of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed
modified to the minimum extent necessary to make it valid, legal and enforceable. If such
modification is not possible, the relevant terms shall be deemed deleted. Any modification to or
deletion of a term under this paragraph shall not affect the validity and enforceability of the rest of
these Terms of Use, except as expressly stated.
Our failure or delay to exercise or enforce any right or remedy provided in these Terms of Use or by
Applicable Law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent
or restrict any further exercise of that or any other right or remedy. No single or partial exercise of
any right or remedy provided under these Terms of Use or by law shall prevent or restrict the further
exercise of that or any other right or remedy. Any waiver of any provision of these Terms of Use will
be effective only if in writing signed by us or our authorised representative.
These Terms of Use will be binding upon and will inure to the benefit of the parties, their successors,
and permitted assigns. No one other than the parties, their successors and permitted assigns, shall
have any right to enforce any of these Terms of Use.
You may not assign these Terms of Use, any rights or licences granted in these Terms of Use, or
operation of your account with Biofourmis to others without our prior written consent. We may
assign these Terms of Use without your consent or any other restriction.
Except as provided in paragraphs 12 (Compatibility) and 13 (Our liability), a person who is not a party
to these Terms of Use may not enforce any of its provisions under Contracts (Rights of Third Parties)
Act (Chapter 53B of Singapore). The consent of each of the entities identified in paragraphs 12 and
13 is not necessary for any variation (including any release or compromise in whole or in part of any
liability) or termination of these Terms of Use or any one or more provisions of it.
Neither party will be liable for any delays in processing or other non-performance caused by
telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist
attacks; non-performance of our vendors or suppliers, fires or acts of nature; or any other event over
which the respective party has no reasonable control.
Except as expressly stated in these Terms of Use, nothing in these Terms of Use serves to establish a
partnership, joint venture, or other agency relationship between you and us. Neither you nor we
have the ability to bind the other party to any contract or obligation, and neither party will represent
that you or we have such ability.
These Terms of Use and all policies and procedures that are incorporated by reference constitute
the entire agreement between you and Biofourmis for provision and use of the Site and Services.
Except where expressly stated otherwise in writing executed between you and Biofourmis, these
Terms of Use will prevail over any conflicting policy or agreement for the provision or use of the Site
and Services.
We respect the intellectual property rights of others. Please notify us in writing, by email or mail to
our designated agent listed below, if you believe that a user of the Site has infringed your intellectual
property rights. Notice should be sent or emailed to: legal@biofourmis.com.
To be effective the notification should include:
• identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to
permit us to locate the material on the App; information reasonably sufficient to permit us
to contact you, such as an address, telephone number, and, if available, an email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notification is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf; and
• your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may
immediately remove the identified materials from the Site without liability, and the claims of the
complaining party and party that originally posted the materials will be referred to the local court for
adjudication.

27. Your concerns
If you have any concerns about material which appears on our Site, please contact
privacy@biofourmis.com.
We shall provide all notices to you at the email address or physical address that you have provided
to us. You are solely responsible for keeping that information current with us. You hereby agree that
all agreements, notices, disclosures, and other communications that we provide electronically to you
satisfy any legal requirement that such communications be in writing.
Thank you for visiting our Site.

Note: This Privacy Policy (or, in the case of the Terms of Use, the "Terms of Use") is translated into
Chinese. To the extent there is any inconsistency between the Chinese and the English versions, the
English version shall prevail.

Last Updated: 9 March, 2020