Terms of Service

These Terms cover important information about the services provided to you, amounts we charge you, future changes to this agreement, subscription renewals, and the limits of what the Platform can tell you about your health. Please read them carefully before using the Platform.

These Terms of Service ("Terms") form a binding legal agreement between you ("you", "your", the "User") and N1Labz Pty Ltd (ABN 28 702 164 154), postal address PO Box 1193, Osborne Park DC WA 6916, Australia, the operator of the N1Labz platform ("we", "us", "our", the "Platform"). By accessing, registering for, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Platform.

"Platform" means our websites and subdomains, our mobile and desktop applications, and all products, services, features, programs, analyses, and content we make available through them from time to time, including any physical or digital goods, tests, consultations, and subscriptions ordered through them.

1. Nature of the Platform — Not Medical Advice, Not a Medical Device

The Platform is a technology service that aggregates, organizes, and presents health-related information, and that facilitates connections between Users and independent third-party healthcare practitioners, pharmacies, pathology providers, suppliers, and other service providers ("Third-Party Providers"). The Platform is not a healthcare provider, medical practice, pharmacy, or laboratory, and does not practise medicine.

Any information, score, metric, analysis, recommendation, or content made available through the Platform is provided for general informational, wellness, and educational purposes only and does not constitute medical, diagnostic, clinical, pharmaceutical, nutritional, or professional advice. It is not a substitute for consultation with a qualified healthcare professional. You should never disregard, avoid, or delay obtaining professional medical advice because of anything you have read or accessed on the Platform. Always seek the advice of your physician or other qualified health provider with any questions you may have. If you believe you are experiencing a medical emergency, call your local emergency number immediately.

Not a medical device. The Platform and its features are not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition, and are not intended to be used as a medical device. Measurements, estimates, trends, and derived figures (including any "biological age", longevity, recovery, risk, or readiness indicator) are approximate, may be affected by device accuracy, data gaps, and modelling assumptions, and must not be relied upon as clinical findings or to make treatment decisions.

2. Independent Third-Party Providers

Healthcare practitioners, pharmacies, pathology services, compounding services, meal/supplement suppliers, and any other practitioners or vendors accessible through the Platform are independent third parties and are solely responsible for the services, advice, diagnoses, prescriptions, products, and care they provide. They are not employees, agents, partners, or representatives of the Platform. We do not control, supervise, direct, or assume responsibility for the acts, omissions, competence, qualifications, or conduct of any Third-Party Provider, and we make no representation or warranty regarding any of them. Your relationship with any Third-Party Provider is solely between you and that provider, including any clinician–patient relationship, which is formed with that practitioner and not with us.

3. Connected Devices, Wearables and Linked Accounts

The Platform can connect to third-party devices, wearables, apps, and services (for example fitness trackers, continuous glucose monitors, blood pressure monitors, laboratories, and health data aggregators) ("Connected Services"). Connecting a Connected Service is optional and requires your authorization.

• Connected Services are operated by their own providers under their own terms and privacy policies. Those terms govern the device, the app, and the data they generate — not these Terms.
• You are responsible for maintaining your Connected Service accounts, subscriptions, and hardware, and for the accuracy and availability of the data they supply.
• We do not control whether a Connected Service continues to make data available. Providers may change, throttle, deprecate, or withdraw access at any time, and features that depend on them may stop working or lose historical data through no fault of ours.
• Data received from a Connected Service may be incomplete, delayed, estimated, vendor-modelled, or revised after the fact. Where sources disagree, the Platform resolves a value using its own precedence rules; the result remains informational only.
• You may disconnect a Connected Service at any time in the Platform. Disconnecting stops future data collection from it but does not by itself delete data already received — see our Privacy Policy.

4. Eligibility and Accounts

You must be at least 18 years of age and capable of forming a binding contract to use the Platform. You agree to provide true, accurate, current, and complete information and to keep it updated. Access to the Platform may be limited to invited or approved members during any pre-launch, waitlist, or trial period, and we may refuse, delay, or withdraw access at our discretion.

You are solely responsible for all activity under your account and for keeping your credentials confidential and secure. You must not use another person's account, impersonate another person, or select a username that infringes another person's rights or is obscene or offensive. Notify us immediately at hello@n1labz.com of any suspected breach of security or unauthorized use of your account. You may close your account at any time; see our Privacy Policy for what happens to your information.

We may suspend, restrict, or terminate your account at any time, with or without notice, where we reasonably consider it necessary — including for breach of these Terms, suspected fraud or misuse, risk to other users, or to comply with law.

5. Your Responsibilities and Acknowledgements

• You are responsible for any decisions you make based on information accessed through the Platform.
• You confirm that any data, results, history, imagery, or content you upload is accurate and that you are entitled to provide it, including where it relates to another person.
• You acknowledge that automated analyses, estimates, and indicators are inherently approximate, may contain errors, and must not be relied upon as clinical findings.
• You are responsible for the devices, connectivity, and third-party subscriptions needed to use the Platform.
• You will keep your health, medication, and allergy information current, since Third-Party Providers may rely on it when providing care.

6. Acceptable Use

You must not, and must not attempt to, and must not permit any other person to:

• use the Platform for any unlawful purpose, or in breach of any applicable law, regulation, or professional obligation;
• obtain, or assist another person in obtaining, prescription medicines, tests, or care by providing false, misleading, or incomplete information;
• gain unauthorized access to any account, system, or data, probe or test the Platform's security, or circumvent any access control, rate limit, or eligibility gate;
• reverse engineer, decompile, scrape, data-mine, or use automated means to extract data from the Platform, or use it to train any machine-learning model;
• interfere with, overload, or disrupt the Platform or any network or system connected to it, or introduce malicious code;
• resell, sublicense, rent, or commercially exploit the Platform or any content, analysis, or output from it without our written consent;
• upload content that is unlawful, infringing, defamatory, harassing, or that contains another person's personal or health information without their authority;
• use the Platform to send unsolicited communications, or misuse any messaging, referral, or email feature.

7. Purchases, Memberships and Renewals

Purchases. Where you purchase products or services through the Platform, you authorize us and our payment providers to charge your nominated payment method for the total amount shown at checkout, including any taxes, GST, delivery, and applicable fees. Payment is processed by third-party payment providers and is subject to their terms; we do not store full card numbers. Prices, availability, and eligibility may change at any time before you place an order. A tax invoice for each purchase is available in your account under Paperwork.

Membership. We offer a paid membership ("Membership") that gives you access to member-only features and member pricing for the period you have paid for (the "Membership Period"). Memberships are sold for various periods, at the price shown when you join. Products and services that are available without a Membership are sold at the standard price shown; features and prices marked as member-only require an active Membership.

Automatic renewal. Your Membership renews automatically at the end of each Membership Period, and your nominated payment method is charged the then-current Membership price, until you cancel. For an annual Membership we will email you at least thirty (30) days, and again seven (7) days, before each renewal, stating the amount, the renewal date, and how to cancel. If we change the Membership price, the new price applies only from your next renewal, and we will tell you at least thirty (30) days before it takes effect so that you can cancel first.

Cancelling. You can cancel your Membership at any time from your account settings, without needing to call or email us, or by contacting hello@n1labz.com. Cancellation takes effect at the end of the current Membership Period: you keep your member features until then and are not charged again. Where a monthly Membership carries a minimum term, that term is stated when you join, and cancellation takes effect at the end of it.

Cooling-off. If you cancel within fourteen (14) days of first purchasing a Membership, and in that time have not used a member-priced test, consultation, product, or prepaid test credit, we will refund the Membership fee in full. Outside that window, and unless the law requires otherwise, Membership fees for the current Membership Period are not refunded in whole or in part.

Failed payments. If a renewal payment fails, we will tell you and retry it over the following fourteen (14) days, during which your Membership continues. If payment has not succeeded by the end of that period, your Membership lapses. A lapsed Membership does not close your account or delete your data: you keep your account and your records, and lose member pricing and member-only features until you rejoin.

Prepaid tests and bundles. Where you prepay for more than one test, each test is a credit that you can use for that test within six (6) months of purchase. Unused credits expire at the end of that period and are not refunded, except where the law requires it. Credits are for your own use and cannot be transferred or exchanged for cash.

Trials and introductory pricing. Where we offer a free or discounted trial period, it converts to a paid Membership at the price stated when you accepted the trial unless you cancel before the trial ends. Introductory or discounted pricing for a first Membership Period does not carry into renewals unless we say so.

Eligibility-gated items. Some products and services (including prescription medicines, compounded items, pathology, and consultations) require clinical review, valid identity verification, a completed intake, or a practitioner's approval. Placing an order does not guarantee supply. If a Third-Party Provider determines an item is not clinically appropriate for you, the item will not be supplied and we will refund the amount paid for it.

Refunds. Refunds, where offered, are governed by our then-current refund practices and applicable law, including any non-excludable consumer guarantees. For health, safety, and regulatory reasons, prescription medicines, compounded preparations, perishable items, and collected biological samples generally cannot be returned or refunded once dispatched, prepared, or processed, except where required by law or where the item is faulty, incorrectly supplied, or unsafe.

8. Your Content and Feedback

You retain ownership of the data and content you submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, adapt, and transmit your content solely as necessary to operate, secure, support, and improve the Platform and to provide the services you request (including passing relevant information to Third-Party Providers involved in your care), in accordance with our Privacy Policy. This licence continues for as long as we retain the content under our retention obligations.

We may create and use de-identified and aggregated information derived from your data for research, benchmarking, safety, and product improvement, provided it cannot reasonably be used to identify you.

If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or obligation to you.

9. Automated Analysis and AI Features

Parts of the Platform use algorithms, statistical models, and artificial intelligence to organize your data, generate summaries, insights, and suggestions, and to power conversational features. These outputs are generated automatically, may be incomplete or incorrect, and are not reviewed by a clinician unless we expressly state that they are. They are informational only and are not medical advice, a diagnosis, or a recommendation to start, stop, or change any treatment. Do not use them in an emergency. Always confirm anything material with a qualified healthcare professional.

10. No Warranties

To the maximum extent permitted by law, the Platform and all content and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of harmful components, or that any result, analysis, or information will be accurate, complete, or current.

11. Limitation of Liability

To the maximum extent permitted by law, in no event will the Platform, its operators, owners, officers, directors, employees, contractors, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Platform, any Third-Party Provider, any Connected Service, or any content, products, or services, whether based in contract, tort (including negligence), statute, or otherwise, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Platform or these Terms is limited to the greater of (a) the total amount of fees you paid to us (if any) in the three (3) months immediately preceding the event giving rise to the claim, or (b) AUD $100.

Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded or limited. Where our liability for a failure to comply with a non-excludable guarantee can be limited, our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.

12. Assumption of Risk

You knowingly and voluntarily assume all risks associated with using the Platform and with engaging any Third-Party Provider, including risks relating to the accuracy of health information, the use of any medicine, supplement, meal, or test, and the outcomes of any care, products, or services you obtain. If you undertake any physical test, exercise, or activity suggested or recorded through the Platform, you do so at your own risk and should stop immediately and seek medical attention if you feel unwell.

13. Indemnity

You agree to indemnify, defend, and hold harmless the Platform and its operators, owners, officers, directors, employees, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) any content or data you submit.

14. Intellectual Property

All intellectual property in the Platform, including software, design, text, graphics, models, and trademarks, is owned by or licensed to us. You are granted a limited, revocable, non-exclusive, non-transferable licence to use the Platform for your personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.

15. Suspension, Termination and Survival

We may modify, suspend, or discontinue any part of the Platform at any time. We may terminate or suspend your access immediately if you breach these Terms. On termination, your right to use the Platform ceases; you may request a copy of your health information in accordance with our Privacy Policy. Provisions that by their nature should survive termination (including sections on content licences, liability, indemnity, disclaimers, and governing law) will survive.

16. Supplemental Terms

Some features, programs, or purchases may be subject to additional terms presented to you at the time ("Supplemental Terms"), which are incorporated into these Terms. Where Supplemental Terms conflict with these Terms, the Supplemental Terms prevail for that feature or purchase, but only to the extent of the inconsistency.

17. Changes to these Terms

We may update these Terms from time to time. Updates take effect when posted. Where a change is material and you hold an account, we will also notify you — for example by email to the address on your account or by an in-app notice — before or when the change takes effect. Your continued use of the Platform after that time constitutes acceptance of the revised Terms. If you do not accept a change, you must stop using the Platform and may close your account and cancel any Membership as set out in section 7.

18. Notices

We may give you notices by email to the address on your account, by posting on the Platform, or through in-app messaging, and you consent to receiving notices electronically. You must keep your contact details current. You may give us notice at hello@n1labz.com or by post to our postal address in section 23.

19. Complaints and Disputes

If you have a concern, please contact us first at hello@n1labz.com so we can try to resolve it. Complaints about clinical care, a prescription, or a product supplied by a Third-Party Provider should also be raised with that provider, and may be raised with the relevant regulator or health complaints body in your State or Territory. Privacy complaints are handled under our Privacy Policy. Nothing in these Terms prevents either of us from seeking urgent interlocutory relief from a court.

20. Dispute Resolution and Arbitration

This section applies to any dispute, controversy, or claim between you and us arising out of or relating to the Platform, these Terms, or any product or service obtained through the Platform, whether based in contract, tort, statute, or otherwise (a "Dispute"). It does not apply to a Dispute with a Third-Party Provider, which is between you and that provider.

Step one: talk to us. The party raising a Dispute must first give the other written notice describing the claim and the relief sought. You can notify us at hello@n1labz.com or at our postal address in section 23; we will notify you at the email address on your account. Both of us will then try in good faith to resolve the Dispute within thirty (30) days of that notice.

Step two: mediation. If the Dispute is not resolved within that period, either of us may refer it to mediation by a mediator we agree on or, if we cannot agree within fourteen (14) days of the referral, a mediator appointed by the Resolution Institute. The mediation takes place in Perth, Western Australia, or by video, and the mediator's fees are shared equally. Neither of us may start arbitration or court proceedings until the mediation has ended or sixty (60) days have passed since the referral, whichever is earlier.

Step three: arbitration. If the Dispute is still unresolved, it must be referred to and finally resolved by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under the ACICA Arbitration Rules in force at the time of referral, which are incorporated by reference. The seat of arbitration is Perth, Western Australia, the language is English, and there will be one arbitrator. The Commercial Arbitration Act 2012 (WA) applies. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. The arbitrator may award only the relief that a court could award on the individual claims before them.

Individual claims only. To the maximum extent permitted by law, each of us agrees to bring Disputes only in an individual capacity, and not as a plaintiff, group member, or class member in any class, consolidated, collective, or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative arbitration. If this paragraph is found unenforceable for a particular Dispute, the agreement to arbitrate does not apply to that Dispute, which will instead be heard in the courts identified in section 22 once steps one and two above have been completed. The rest of this section continues to apply.

What this section does not prevent. Either of us may seek urgent interlocutory or injunctive relief from a court; bring an individual claim in a small claims court, tribunal, or other low-value civil jurisdiction where the claim qualifies; bring a claim to enforce intellectual property rights; or make a complaint to, or take part in a proceeding brought by, a regulator, ombudsman, health complaints body, or other public authority. You may always contact a regulator directly.

Costs. Each of us bears our own legal costs of the mediation and arbitration. The mediator's, ACICA's, and the arbitrator's fees are shared equally, unless the arbitrator decides otherwise or the law requires a different allocation. Where the law would not allow us to require you to bear a cost you would not bear in court, we will pay that cost.

Opting out of arbitration. You may opt out of the arbitration and individual-claims paragraphs of this section by emailing hello@n1labz.com with the subject line "Arbitration Opt-Out", stating your name and the email address on your account, within thirty (30) days of first accepting these Terms. If you opt out in time, Disputes that are not resolved through steps one and two will be heard in the courts identified in section 22, and nothing else about these Terms or your use of the Platform changes. If you do not opt out within that period, you are bound by this section.

Your legal rights. Nothing in this section excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law, the Privacy Act 1988 (Cth), or any other law that cannot lawfully be excluded, or prevents you from bringing a claim in any forum where the law gives you a non-excludable right to do so. If any part of this section is unenforceable, it is severed and the rest continues in force. This section survives termination of these Terms and closure of your account.

21. General

These Terms are the entire agreement between us about the Platform. If any provision is unenforceable, it is severed and the remainder continues in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for any failure or delay caused by events beyond our reasonable control.

22. Governing Law

These Terms are governed by the laws of Western Australia, Australia. Subject to the agreement to arbitrate in section 20, you submit to the non-exclusive jurisdiction of the courts of that State and the courts competent to hear appeals from them.

23. Contact

Questions about these Terms may be directed to hello@n1labz.com or by post to N1Labz Pty Ltd, PO Box 1193, Osborne Park DC WA 6916, Australia.