This document sets out the general terms and conditions of use of the Biome website and application, which offers a mobile and web platform for aggregating and analysing one’s biometric data and improving one’s lifestyle, provided by the Owner of the Application, both in the free version (Freemium Plan and Trial Period) and in the paid version (Premium Plan).
To allow full understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:
The Application provides Users with the following features:
Data Analysis:
The BioMe Application takes a transparent and secure approach to analysing the data collected. The raw data provided by the User are stored exclusively within the application’s infrastructure and are not shared with third parties, unless expressly required by law or authorised by the User, except for the technical providers that process the data on behalf of the Owner for the sole purpose of providing the Services (see the paragraph “Use of Artificial Intelligence Services”).
The data collected are analysed through automated processes that process the information in order to identify and calculate useful parameters. These parameters are for information purposes only and are not used to make decisions that produce legal or similarly significant effects on the User without their consent.
The analysed data are used to generate personalised summary reports, which are made available to users to give them a clear and simplified overview of the processed information. In addition, the platform offers an interactive interface, accessible through a dedicated chatbot, which allows the User to access and analyse their own data independently, exploring additional details or looking more closely at specific areas of interest.
Biome ensures that all data analysis processes comply with the applicable legislation on the protection of personal data and that the User’s information is processed with the utmost respect for privacy and security.
Chatbot Features:
The chatbot integrated into the BioMe Application is designed to operate fully autonomously, using advanced technologies based on LLM (Large Language Model) models. This tool offers three main features:
Note: The chatbot does not make autonomous decisions that may have legal or similarly significant effects on the User; it is limited to providing informational and operational support.
Meal Scanner:
The User can photograph their meals using the “Meal Scanner” feature. The photo is analysed using artificial intelligence services to estimate the foods present and their nutritional values. Photos and results are stored in the Owner’s systems for as long as the Account is active, so that the User can consult the history of what they have eaten; the User can delete them at any time from the Application or by writing to info@biome.coach.
The estimates are generated automatically, are approximate and are for information purposes only: they may contain errors (for example regarding quantities or ingredients that are not visible) and do not replace the advice of a doctor, dietitian or nutritionist. The Precautions below apply.
PRECAUTIONS:
THE SERVICES ARE NOT A MEDICAL DEVICE AND THE USER EXPRESSLY ACCEPTS THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE BY BIOME. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR INFORMATION PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF DOCTORS OR MEDICAL PROFESSIONALS.
THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY THIRD PARTIES, MUST NOT BE USED AS A SUBSTITUTE FOR (a) THE ADVICE OF YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR DOCTOR OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, PROMPTLY CALL OR SEE YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER. IN AN EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR 118 (OR YOUR LOCAL EMERGENCY NUMBER). THE USER MUST NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED IN THE SERVICES, AND MUST NOT USE THE SERVICES OR ANY INFORMATION PROVIDED IN THE SERVICES TO DIAGNOSE OR TREAT A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF THE SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS, DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN THE USER AND BIOME.
Always consult a doctor before making any change to your sleep or activity based on information provided through the Services, or if you have any questions about your medical condition. Biome is not responsible for any health problem that may result from information obtained through the Services. If the User makes any change to their sleep or activity based on the Biome Services, they agree to do so at their own risk. It is important to pay attention to how your body responds. For example, if after changing your sleep or activities you experience unexpected, repeated or prolonged pain, fatigue or discomfort, we recommend that you consult a doctor before continuing with those changes. The information in the Services may be misleading if your physiological functions and responses differ significantly from the population average due to medical conditions or rare natural differences.
Use of Artificial Intelligence Services:
Some features of the platform rely on artificial intelligence services provided by third parties, including OpenAI, L.L.C. (USA), for processing text, images and user performance indicators (KPIs). By using these features, the User accepts that the data entered may be transmitted to and processed by these providers solely for purposes connected with the provision of the service.
The service is configured so that OpenAI does not retain copies of conversations or meal photos and does not use them to train its models. The Owner does not use Users’ data to train artificial intelligence models.
The User undertakes not to use the AI services to transmit unlawful or sensitive content, or content containing unnecessary personal data, in particular data falling within the special categories referred to in Article 9 of the GDPR.
For further information, please refer to our Privacy Policy.
Use of the Application implies the User’s acceptance of the Conditions. If the User does not wish to accept the Conditions and/or any other note, legal notice or information published or referred to therein, they may not use the Application or the related services.
The Conditions may be amended at any time for justified reasons (for example, regulatory changes, or changes to the Services or the access Plans). Amendments are communicated to the User through the Application and/or by e-mail with at least 30 days’ notice and apply from the date indicated in the communication. A User who does not wish to accept them may, before that date, cancel the Premium Plan through the Store and/or delete their Account, at no cost.
The applicable Conditions are those in force on the date the purchase order or request for the provision of a Service is sent or, for the Freemium Plan, on the date of registration, without prejudice to the provisions of the previous paragraph.
Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.
The Owner reserves the right to change, at its discretion and at any time, including after the User’s registration, the graphical interface of the Application, the Contents and their organisation, as well as any other aspect of the functionality and management of the Application, providing the User with the relevant instructions where necessary.
All Services offered through the Application are described in detail on the relevant Service pages (quality, features, availability, price, delivery times, ancillary charges, etc.).
Purchases of one or more Services through the Application are permitted to both Consumer Users and Professional Users.
Natural persons may make purchases only if they are of legal age. For minors, any purchase and/or request for the provision of Services through the Application must be reviewed and authorised by their parents or by those exercising parental responsibility.
The offer of the Services through the Application constitutes an invitation to prepare an offer, and the order sent by the User shall constitute a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Accordingly, the Owner shall have the right, at its sole discretion, to accept or refuse the User’s order, without the User being entitled to raise any objection or complaint on any ground or for any reason whatsoever.
The contract for the sale of the Services is deemed concluded upon the Owner’s acceptance of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending an order confirmation to the e-mail address provided by the User, stating the date of the order, the User’s details, the features and availability of the Service, the price or the method for calculating the price, any additional charges and taxes, the delivery and performance times, the procedures for exercising the right of withdrawal or its possible exclusion, and the warranty.
The contract for the sale of the Services shall not be considered effective between the parties in the absence of what is indicated in the previous point.
If the Service is not available, the Owner will inform the User of the new delivery or supply terms, asking whether they wish to confirm the order. It is understood that the contract will be deemed concluded in respect of the Services accepted by the Owner.
The User undertakes to check that the details shown in the order confirmation are correct, to notify the Owner immediately of any errors, and to keep a copy of their order, the related confirmation and the Conditions.
Activation of the Freemium Plan does not constitute a purchase and does not require payment details to be entered. The contract relating to the Freemium Plan is concluded upon completion of registration and acceptance of the Conditions.
To use the features of the Application, Users must register by providing, truthfully and completely, all the information requested in the registration form and must fully accept the Privacy Policy (https://www.biome.coach/en/privacy.html) and the Conditions.
Registration, including for the Freemium Plan only, is permitted exclusively to natural persons who are at least 18 years old. Each User may register only one Account.
The User is responsible for safeguarding their access credentials, which must be used exclusively by the User and may not be transferred to third parties. The User undertakes to keep them secret, to ensure that no third party has access to them, and to inform the Owner immediately if they suspect or become aware of any misuse or unauthorised disclosure of them.
The User warrants that the personal information provided during the registration process is complete and truthful and undertakes to indemnify and hold the Owner harmless from any damage, compensation obligation and/or penalty arising from and/or in any way connected with the User’s breach of the rules on registration with the Application or on the safekeeping of the registration credentials.
A registered User may stop using the Application at any time and deactivate their account or request its deletion through the Application’s interface, where available, or by sending a written communication to the e-mail address info@biome.coach.
In the event of a breach by the User of the Conditions or of applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
Available plans. A registered User may access the Services through: (i) the Freemium Plan (shown in the Application as “Free”), free of charge; (ii) the Trial Period, free of charge and lasting 7 days; (iii) the Premium Plan, for a fee, which may also be activated with an Invite Code. The active plan, the limits and the remaining allowance can always be viewed in the “Your plan” section of the User’s profile.
Freemium Plan. The Freemium Plan is free of charge, open-ended and does not require payment details. The Freemium Plan never automatically converts into a paid plan: switching to the Trial Period or the Premium Plan only takes place through an express action by the User in the app.
Features and limits. The Freemium Plan gives access to the same features as the Trial Period and the Premium Plan, within the following monthly limits:
| Feature | Freemium Plan | Trial Period / Premium Plan |
|---|---|---|
| AI Assistant (“Helios” chatbot) | 300,000 tokens per month | 1,000,000 tokens per month |
| Meal Scanner (food analysis from photos) | 300,000 tokens per month (roughly 100 meals) | 1,000,000 tokens per month (roughly 330 meals) |
| Data sources and devices that can be connected | 1 | unlimited |
A “token” is the unit that artificial intelligence systems use to measure the text and images processed. Token consumption per request is not fixed: it depends on the complexity of the question and on the amount of data to be analysed (for example, a request for a single data point consumes far less than an analysis of an entire month). The equivalents in number of meals are therefore only indicative. In the “Your plan” section, the User can see the remaining percentage of each limit at any time.
Limits are reset on the first day of each calendar month; unused allowance does not carry over to the following month. When a limit is close to being reached or has been reached, the User is notified in the Application; the feature concerned remains suspended until the next reset, unless the User switches to the Premium Plan. Reaching a limit never results in any charge.
Switching to the Premium Plan. A Freemium User may activate the Trial Period or the Premium Plan at any time through the Store, or redeem an Invite Code; the articles “Subscription”, “Trial period”, “Prices and payments” and “User’s right of withdrawal from the purchase of digital Services” apply.
Invite Codes. Invite Codes are distributed by the Owner through its partners and allow the Premium Plan to be activated free of charge for the period indicated at the time of redemption (1, 6 or 12 months). An Invite Code is redeemed using the “Redeem code” feature of the Application by any expiry date indicated, is personal, may be used only once, and is neither transferable nor convertible into cash. At the end of the period, the Account automatically continues on the Freemium Plan, without any charge, unless the User takes out a subscription.
Return to the Freemium Plan. If the Trial Period ends without a subscription being taken out, if the Premium Plan ends due to cancellation, non-renewal or refund, or if the period activated with an Invite Code expires, the Account remains active and automatically continues on the Freemium Plan, at no cost. Data already collected remain stored in accordance with the Privacy Policy. Data sources and connected devices beyond the first one are suspended: the User will be able to keep updating data only from the first device connected, in chronological order; data from suspended sources remain stored, can only be viewed and become available again if the User subscribes to the Premium Plan again. The rights of access and data portability under Articles 15 and 20 of Regulation (EU) 2016/679 remain unaffected.
Changes to the Freemium Plan. The Owner may improve the features or extend the limits of the Freemium Plan at any time. Changes that reduce features or limits are communicated with at least 30 days’ notice through the Application and/or by e-mail; a User who does not wish to accept them may delete their Account at no cost. The Owner may also discontinue the Freemium Plan with the same notice.
Fair use. Creating multiple Accounts, sharing an Account or using automated tools to circumvent the limits of the Freemium Plan is prohibited. The Trial Period may be activated only once per User, in accordance with the Store’s rules. In the event of a breach, the Owner may, after giving notice, limit the Account to the Freemium Plan or suspend it pursuant to the article “Account cancellation and closure”.
Inactivity. The Owner may close a Freemium Account that has not been used for 24 consecutive months, after notifying the User by e-mail at least 30 days in advance. The data are then processed in accordance with the retention periods set out in the Privacy Policy.
No advertising and use of data. The Application contains no advertising, under any Plan. The User’s data are processed solely to provide the Services they have requested: they are not used for advertising or commercial profiling, nor to train artificial intelligence models.
In addition to the Freemium Plan, the Application offers subscription Services (Premium Plan). The features and terms of the subscription are detailed in the Application.
To subscribe, the User must follow the procedure indicated in the Application and enter the required information. Any charge for the subscription fee will start on the date specified and at the frequency indicated at the time of subscription.
The subscription renews in the manner and at the times indicated in the Application.
Subscriptions, including activation, renewal and any cancellation, are managed exclusively through the official Stores (Apple App Store and Google Play Store). To avoid renewal, the User must cancel the subscription at least 24 hours before the end of the current period, following the procedure indicated in the Store used.
Cancelling the Premium Plan does not delete the Account: at the end of the period already paid for, the Account continues on the Freemium Plan. To delete the Account, the article “Account cancellation and closure” applies; deleting the Account does not automatically cancel the subscription in the Store, which must be cancelled separately.
The User may use the digital Services for a free 7-day trial period, with the features of the Premium Plan, activated and managed through the Store. The Trial Period may also be activated from a Freemium Account, only once per User. The User may cancel the subscription at any time, and in any case no later than 24 hours before the end of the trial period, at no cost, via the Subscriptions section of their Store account.
The features of the trial period are specified in the Application.
If the User cancels the Trial Period within the above deadline, at its end the Account automatically continues on the Freemium Plan, without any charge.
At the end of the trial period, if the User has not cancelled the subscription within the 24-hour deadline mentioned above, the subscription will be deemed automatically taken out and the Store will immediately charge the full price indicated when the trial period was requested. This amount is non-refundable, unless the Store’s policy provides otherwise.
By requesting activation of the trial period, the User gives express consent to the immediate performance of the digital Service. If the User exercises the right of withdrawal during the trial period after partial use, an amount proportionate to the days of use may be charged (Art. 57(3) of the Consumer Code).
The Owner reserves the right to modify or terminate trial periods at any time, without notice and at its sole discretion.
All payments are processed by the Stores, which act as “merchant of record”. The Owner does not come into contact with payment details. For each Service, the price is shown inclusive of VAT, where applicable. Where the nature of the Service means that the price cannot be calculated in advance, the method for calculating the price is indicated.
In addition, any taxes and additional charges that may vary depending on the payment method used will be indicated. Where such charges cannot reasonably be calculated in advance, an indication will be given of which charges will be borne by the User.
The Owner reserves the right to change the price of the Services and any additional costs at any time. It is understood that any price changes will in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Service within the times and in the manner indicated in the Application and to provide any necessary information that may be requested.
If these third-party payment instruments refuse to authorise the payment, the Owner will be unable to provide the Services and cannot be held liable in any way.
Receipts or invoices for purchases are issued directly by the Store. The Owner cannot modify, reissue or cancel these documents.
The Owner will provide the digital Services in the manner and within the time limit indicated in the Application and stated in the order confirmation.
If it is not possible to provide the requested digital Services within that time limit, the User will be promptly notified by e-mail, with an indication of when they are expected to be provided or of the reasons why provision is impossible.
If provision becomes permanently impossible, the Owner will inform the User without delay; any refund requests must be submitted directly to the Store through its official refund procedure. The Owner is not authorised to issue refunds for transactions completed in the Stores.
The Freemium Plan is free of charge: the User may withdraw at any time, at no cost and without giving any reason, by deleting their Account in accordance with the article “Account cancellation and closure”. The following provisions concern the Trial Period and the Premium Plan.
Pursuant to Art. 52 of Legislative Decree 206/2005 (Consumer Code), the Consumer User has 14 days from the conclusion of the contract to withdraw without costs or penalties. The 14-day period runs from the date of activation of the free trial. Therefore, if the User does not cancel the purchase within the trial period, they may still exercise the statutory right of withdrawal up to the 14th day from the date of activation.
Since the purchase takes place through the Apple App Store or Google Play Store, withdrawal and refund requests are handled exclusively by the respective Stores, in accordance with their commercial policies and the rules they have established:
Therefore, a User who wishes to exercise the right of withdrawal or request a refund must contact Apple or Google directly, following the procedures they indicate.
The Owner has no power to intervene in or authorise refunds for purchases made through these platforms.
If the User requests immediate activation of the digital Service before the end of the withdrawal period, they:
The right of withdrawal is excluded (Art. 59(o) of the Consumer Code) if the digital Service has been fully performed with the prior and express consent of the User, who has accepted the loss of the right of withdrawal.
The other mandatory rights of the Consumer provided for by Chapter I, Title III, Part III of Legislative Decree 206/2005 remain unaffected.
The User’s right of withdrawal from the contract for the sale or provision of Services is excluded in relation to:
For further clarification, please contact the Owner at the e-mail address info@biome.coach.
Consumer Users are granted the legal guarantee of conformity provided for by Art. 135-decies et seq. of the Consumer Code for all digital Services sold through the Application, except in the cases of exclusion provided for by Art. 135-novies of the Consumer Code.
The Owner is liable for any lack of conformity that becomes apparent within two years from the date of supply. Any lack of conformity must be reported by the Consumer User within twenty-six months from the date of supply or from the last act of supply. Where the sales contract provides for the digital Services to be supplied over a given period of time, the obligation to ensure conformity continues for the entire duration of that period.
The Freemium Plan is provided free of charge and the User’s personal data are processed solely to provide the Services and to comply with legal obligations: therefore, this guarantee does not apply to the Freemium Plan, without prejudice to the Consumer’s mandatory rights.
If the Consumer User wishes to make use of the remedies provided by the guarantee of conformity, they must send a written communication to the e-mail address info@biome.coach. The Owner will promptly respond to the notification of the alleged lack of conformity and will inform the Consumer User of the specific procedure to follow. For matters not covered by this clause, Articles 135-octies to 135-vicies bis of the Consumer Code apply, together with the provisions of the Italian Civil Code on the formation, validity and effectiveness of contracts, including the consequences of termination of the contract and the right to compensation for damages.
All contents of the Application, including texts, documents, trademarks, logos, images, graphics, their layout and their adaptations, are protected by copyright and trademark law. The Application may also contain images, documents, logos and trademarks of third parties who have expressly authorised the Owner to publish them in the Application. Except for strictly personal use, the Contents may not be copied, altered, distributed, published or used without the Owner’s specific authorisation.
The Application is provided “as is” and “as available”, and the Owner gives no express or implied warranty in relation to the Application, nor any warranty that the Application will meet Users’ needs, that it will never be interrupted, or that it will be free of errors, viruses or bugs.
The Owner will endeavour to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any way be held liable if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, for reasons entirely beyond the Owner’s control, or due to force majeure events.
The Owner shall not be liable to the User, except in cases of wilful misconduct or gross negligence, for service disruptions or malfunctions connected with the use of the internet beyond its own control or that of its suppliers.
Furthermore, the Owner shall not be liable for damage, losses and costs incurred by the User as a result of failure to perform the contract for reasons not attributable to the Owner, the User being entitled only to a full refund of the price paid and of any ancillary charges incurred.
The Owner accepts no liability for any fraudulent or unlawful use by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment details used (credit card number, cardholder name, password, etc.)
The Owner shall not be liable for:
In no event shall the Owner be liable for an amount exceeding the greater of (i) twice the price paid by the User in the 12 months preceding the event giving rise to the damage and (ii) EUR 50.
The limitations of liability set out in this article do not apply in cases of wilful misconduct or gross negligence on the part of the Owner (Art. 1229 of the Italian Civil Code), to personal injury, or, with respect to Consumer Users, where they conflict with mandatory provisions of the Consumer Code.
The Owner shall not be held liable for failure or delay in performing its obligations due to circumstances beyond its reasonable control resulting from force majeure events or, in any case, from unforeseen and unforeseeable events beyond its control.
The performance of the Owner’s obligations shall be deemed suspended for the period during which force majeure events occur.
The Owner will do everything in its power to identify solutions that allow its obligations to be properly performed despite the continuation of force majeure events.
The Application may contain links to third-party sites/applications. The Owner has no control over them and is therefore in no way responsible for the contents of these sites/applications.
Some of these links may lead to third-party sites/applications that provide services through the Application. In such cases, the individual services will be governed by the general conditions for use of the site/application and for use of the service drawn up by those third parties, for which the Owner accepts no liability.
Personal data will be protected and processed in accordance with the Privacy Policy, which can be consulted at https://www.biome.coach/en/privacy.html
The Conditions are governed by Italian law.
For Professional Users, any dispute relating to the application, performance and interpretation of these Conditions shall fall under the jurisdiction of the court of the place where the Owner has its registered office.
For Consumer Users, any dispute relating to the application, performance and interpretation of these Conditions shall be referred to the court of the place where the Consumer User resides or has elected domicile, if located within the territory of the Italian State, without prejudice to the Consumer User’s right to bring proceedings before a court other than the “consumer court” under Art. 66-bis of the Consumer Code, having territorial jurisdiction according to one of the criteria set out in Articles 18, 19 and 20 of the Italian Code of Civil Procedure.
This is without prejudice to the application, for Consumer Users who do not have their habitual residence in Italy, of any more favourable and mandatory provisions of the law of the country in which they have their habitual residence, in particular with regard to the time limit for exercising the right of withdrawal, the time limit for returning the Services if that right is exercised, the manner and formalities of communicating the withdrawal, and the legal guarantee of conformity.
The Consumer User may use the out-of-court dispute resolution procedures (ADR) provided for by Art. 141 et seq. of the Consumer Code. The Owner has not undertaken to adhere to any specific ADR body.
Last updated: 27/10/2026