Terms of Service

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your access to and use of BioMaxing services, including our website, Telegram bots (@BioMaxingBot, @BioMaxingLifeBot, @BioMaxingSupportBot), and related services (collectively, the “Services”).

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

Service Provider:

BioMaxing is a trade name of Maria Elina, a sole proprietorship (eenmanszaak) registered in the Netherlands.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete information during registration

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Description of Services

BioMaxing provides educational information and tools related to supplements and wellness practices, including:

• Supplement Library: Database of supplements with research-backed information
• Stack Builder: Tools to create and manage personalized supplement combinations
• Habit Tracking: Features to track wellness habits and daily practices
• Symptom & Measurement Logging: Button-based logging of common wellness observations from a fixed catalog, and monthly objective body measurements you enter yourself (web application)
• AI Chat Assistant: AI-powered conversations about supplements and health topics
• Progress Analytics: Statistics and visualization of your wellness journey, including personalized insights and post-goal maintenance routines
• Support: A support channel for questions and issues (BioSupp)

3.1 Service Platforms

Our Services are available through:

• Website and web application: biomaxing.io and app.biomaxing.io
• Telegram Bots: @BioMaxingBot (supplement library), @BioMaxingLifeBot (habit and routine tracking), and @BioMaxingSupportBot (support)

3.2 Health Features and Where They Live

Personalized health features — including personal supplement stacks with dosages, declared health conditions and medications, health goals and maintenance routines, catalog-based symptom logs, objective body measurements, free-text journal entries, personalized insights, and personalized AI recommendations — are available only in the web application (app.biomaxing.io). Because this involves special-category (health) data under Article 9 of the GDPR, these features require your separate, explicit consent, which you can give or withdraw at any time. See our Health Data Processing Consent and Privacy Policy.

The Telegram bots are for educational discovery and general wellness/routine tracking only and do not collect special-category health data. The AI assistant in the Telegram bots is sent no personal, supplement, or health data; in the web application, the AI assistant is sent pseudonymized context to generate recommendations (see Privacy Policy §6.3).

3.3 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

4. User Accounts

4.1 Account Creation

To access certain features, you may need to create an account by:

• Authenticating via Telegram (for bot services)
• Registering with an email address (for web platform)

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4.3 Account Linking

You may link your Telegram and web accounts to synchronize data across platforms. By linking accounts, you consent to data synchronization as described in our Privacy Policy.

5. Subscription Plans and Pricing

Beta notice. BioMaxing is currently in a free beta. All plans are available at no cost, no payment is collected, and no payment provider is active. The pricing, payment, billing-cycle, and refund terms in this Section 5 and Section 6 describe how paid subscriptions will work once they launch and do not apply while the Services are free. We will notify you in advance (see Section 15) before any paid plan or charge takes effect.

5.1 Available Plans

5.2 Payment Processing

• Once paid plans launch, payments will be processed securely by Stripe
• We will accept major credit cards and payment methods supported by Stripe
• Prices are displayed in Euros (EUR) and include applicable VAT
• We do not store your credit card details on our servers

5.3 Billing Cycle

• Subscriptions are billed monthly on the anniversary of your subscription start date
• You will receive a receipt via email for each payment
• Billing history is available in your account settings

5.4 Price Changes

We reserve the right to modify subscription prices. Any price changes will:

• Be communicated at least 30 days in advance
• Take effect at the start of your next billing cycle
• Not affect current billing periods already paid

5.5 Taxes (VAT) and Invoicing

• Our subscriptions are electronically supplied services under EU VAT law and are taxed at the customer’s location (the destination principle)
• Prices shown to consumers are stated in Euros (EUR) and are inclusive of VAT at the applicable rate
• We issue a VAT-compliant invoice for every payment, showing our VAT (BTW) identification number NL005398711B41; your invoices and billing history are available in your account settings
• Business customers (B2B): if you provide a valid EU VAT identification number, it will be verified via the EU VIES system and, where the reverse-charge mechanism applies, VAT will not be charged and you will account for it yourself
• We retain transaction and invoicing records as required by Dutch and EU law (see our Privacy Policy §8)

6. Free Trial and Cancellation

6.1 Free Trial

We may offer free trial periods for paid subscriptions. During the trial:

• You will have access to premium features
• No payment is required until the trial ends
• You may cancel at any time before the trial ends without charge

6.2 Cancellation Policy

• You may cancel your subscription at any time through your account settings or by contacting support
• Subscriptions are entered into for an indefinite term and, in line with Dutch law (the Wet van Dam), can be cancelled at any time with no more than one month’s notice; there is no minimum commitment period beyond the current billing month
• Cancellation takes effect at the end of the current billing period
• You retain access to paid features until the end of the billing period
• No partial refunds are provided for unused portions of a billing period, except where required by law or stated otherwise in these Terms

6.3 Right of Withdrawal (EU Consumers)

As an EU consumer, you have a statutory 14-day right of withdrawal for distance contracts. Because our paid plans provide digital services that begin immediately:

• When you start a paid subscription, you will be asked to expressly request that the service begin during the 14-day withdrawal period and to acknowledge that you lose your right of withdrawal once the service has been fully performed, in accordance with Article 16 of the EU Consumer Rights Directive (2011/83/EU)
• If you withdraw before the service is fully performed, you may owe an amount proportionate to what has been provided up to the point of withdrawal
• Nothing here limits your statutory withdrawal rights where they apply

6.4 Refund Policy

• To request a refund or exercise your withdrawal right, contact support@biomaxing.io
• Eligible refunds are processed within 14 days to the original payment method
• Outside your statutory rights, refunds are granted at our discretion

7. User Responsibilities

7.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use the Services for commercial purposes without authorization
• Scrape, crawl, or use automated tools to access the Services without permission
• Impersonate any person or entity

7.2 User Content

You retain ownership of any content you submit through our Services (e.g., chat messages, notes, custom stacks). By submitting content, you grant us a limited license to:

• Store and process your content to provide the Services
• Create anonymized, aggregated data for service improvement

7.3 Accuracy of Information

You are responsible for ensuring that any information you provide is accurate and complete. We are not liable for any consequences resulting from inaccurate information you provide.

8. Health and Medical Disclaimer

8.1 Educational Purpose Only

IMPORTANT: BioMaxing provides educational information about supplements, wellness practices, and health topics. Our Services are:

• NOT medical advice
• NOT intended to diagnose, treat, cure, or prevent any disease
• NOT a substitute for professional medical consultation

8.2 Consult Healthcare Professionals

Before making any changes to your supplement regimen, diet, or health practices, you should:

• Consult with a qualified healthcare professional
• Disclose all supplements and medications you are taking
• Consider potential interactions and contraindications
• Inform your healthcare provider about any health conditions

8.3 Individual Results

Health outcomes vary between individuals. Information provided through our Services:

• May not apply to your specific situation
• Should not be relied upon as medical guidance
• Does not account for your individual health conditions, medications, or circumstances

8.4 No Liability for Health Decisions

We expressly disclaim any liability for health decisions you make based on information obtained through our Services. You assume full responsibility for your health choices.

8.5 Supplement Safety

Dietary supplements are not regulated in the same way as pharmaceutical drugs. We do not:

• Guarantee the safety or efficacy of any supplement
• Endorse specific supplement brands or products
• Verify third-party supplement quality or claims

9. Intellectual Property

9.1 Our Content

All content provided through our Services, including but not limited to text, graphics, logos, images, software, and database compilations, is owned by BioMaxing or our licensors and protected by intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for personal, non-commercial purposes
• View and download content for personal reference

9.3 Restrictions

You may not:

• Copy, modify, or distribute our content without permission
• Use our content for commercial purposes
• Remove any copyright or proprietary notices
• Create derivative works based on our content
• Reverse engineer our software or systems

9.4 Trademarks

“BioMaxing” and our logos are trademarks. You may not use our trademarks without prior written consent.

10. AI-Powered Features

10.1 AI Chat Assistant

Our AI chat assistant is powered by third-party large language models (LLMs). In accordance with Article 50 of the EU AI Act (Regulation (EU) 2024/1689), we inform you that the assistant is an artificial intelligence system: you are interacting with AI-generated content, not a human. By using AI features, you acknowledge that:

• AI responses are generated automatically and may contain errors
• AI is not a substitute for professional medical advice
• Conversations may be processed by third-party AI providers
• We do not guarantee the accuracy or completeness of AI responses

10.2 AI Limitations

AI-generated content:

• Should not be relied upon for medical decisions
• May not reflect the most current research
• Could contain inaccuracies or hallucinations
• Is provided “as is” without warranties

10.3 Data Processing

Chat conversations with our AI assistant are processed by:

• Our own EU-hosted servers, and
• The Scaleway Generative API (Paris, EU), our AI sub-processor, under a Data Processing Agreement

In the Telegram bots, no personal, supplement, or health data is sent to the AI. In the web application, the AI receives pseudonymized context only (never directly-identifying identifiers and never raw journal text). See our Privacy Policy §6.3 for details on how chat data is handled.

11. Third-Party Services and Links

11.1 Third-Party Integrations

Our Services integrate with third-party platforms including:

• Telegram (bot platform)
• Stripe (payment processing — planned; not yet active during the free beta)

Your use of these platforms is subject to their respective terms and policies.

11.2 External Links

Our Services may contain links to external websites. We are not responsible for:

• The content of external websites
• Privacy practices of external websites
• Any transactions you conduct on external websites

12. Limitation of Liability

12.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of information

12.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIOMAXING BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or goodwill
• Service interruption or system failure
• Any damages arising from your use of or inability to use the Services

12.3 Liability We Do Not Exclude

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be excluded or limited under applicable mandatory law, including your statutory rights as a consumer and the conformity guarantees for digital content and services under Directive (EU) 2019/770

12.4 Maximum Liability

Subject to Section 12.3, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the 12 months preceding the claim, or
• €100 (one hundred euros)

12.5 Essential Purpose

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.6 Consumer Rights

If you are a consumer in the European Union, you may have statutory rights that cannot be waived. Nothing in these Terms affects your statutory consumer rights.

13. Indemnification

You agree to indemnify, defend, and hold harmless BioMaxing and its owner from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through the Services
• Your health decisions based on information from the Services

This indemnification applies only to the extent permitted by applicable law. If you are a consumer, it applies only to claims arising from your intentional misuse of the Services or your deliberate or negligent breach of these Terms, and nothing in this Section limits your mandatory statutory rights.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in settings
• Contacting support@biomaxing.io
• Stopping use of the Services

14.2 Termination by Us

We may suspend or terminate your access to the Services if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• We discontinue the Services
• Required by law

Where we terminate or suspend without cause (for example, if we discontinue the Services) and you have an active paid subscription, we will give you reasonable prior notice and refund any prepaid amount covering the unused remainder of your current billing period.

14.3 Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• We may delete your data in accordance with our Privacy Policy
• Sections of these Terms that should survive termination will remain in effect

14.4 Data Export

Before terminating your account, you may request a copy of your data in accordance with your GDPR rights. See our Privacy Policy for details.

15. Modifications to Terms

15.1 Changes

We reserve the right to modify these Terms. Minor or non-material changes (for example, clarifications or legally required updates) become effective upon posting to our website with an updated “Last Updated” date.

15.2 Material Changes and Notice

For material changes, we will give you at least 30 days’ notice before they take effect, through:

• Email notification (if you have an account)
• Prominent notice on our website
• Notification through our Telegram bots

Before material changes take effect, you may reject them by terminating your account. If you have an active paid subscription and do not agree to a material change, you may cancel and receive a pro-rata refund of any prepaid, unused portion of your billing period. Where required by law, we will ask you to review and re-accept the updated Terms.

15.3 Continued Use

Your continued use of the Services after the changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services before they take effect.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles. If you are a consumer, this choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of habitual residence (Article 6 of the Rome I Regulation (EC) No 593/2008).

16.2 Jurisdiction

Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Amsterdam, Netherlands.

16.3 EU Consumer Rights

If you are a consumer in the European Union:

• You may bring proceedings in the courts of your country of residence
• You may be entitled to use an alternative dispute resolution (ADR) body in your country of residence (the EU’s central Online Dispute Resolution platform was discontinued in 2025)
• Nothing in these Terms affects your statutory consumer rights

16.4 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us to resolve disputes informally. We will make reasonable efforts to resolve any issues within 30 days.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Health Data Processing Consent, and Legal Notice, constitute the entire agreement between you and BioMaxing regarding the Services.

17.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet/telecommunications failures.

17.6 Language

These Terms are written in English. If translated into other languages, the English version prevails in case of conflict.

18. Contact Information

If you have any questions about these Terms, please contact us:

Appendix: Subscription Comparison

Your GDPR data export is always free. Regardless of plan, every user can export a complete copy of their account data in a machine-readable format (JSON) at any time, free of charge, under your right to data portability (GDPR Article 20). The “Advanced/Scheduled Export” feature above refers only to additional convenience options (such as scheduled or formatted exports) and does not affect this statutory right.

Plan names, pricing, and feature allocation are indicative during the free beta and may change before paid plans launch (see Section 5).

— End of Terms of Service —