Terms of Service

Thank you for using AnyBio to access your clients' biometric data. AnyBio is a technology company that securely collects biometric data from your clients' devices for your review to inform their care.

Our aim is to enable meaningful collaboration between healthcare providers and wellness providers and their clients or patients ("Clients") while providing peace of mind that the data is safely and securely transmitted.

These Terms of Service ("Terms") apply to the AnyBio website located at anybio.io and all other sites, mobile sites, services, applications, platforms, and tools where these Terms appear or are linked (collectively, the "Site"). As used in these Terms, "AnyBio," "us," or "we" refers to Any Biosignal, Inc., a Delaware corporation, and any of our subsidiaries and affiliates.

Please read these Terms carefully, and contact us if you have any questions, requests for information, or complaints. By clicking "I accept" (or for those who have not yet created an account, by using our Services), you agree to be bound by these Terms, including the policies referenced in these Terms.

Definitions

Biometric Data means any data collected from internet connected devices, including but not limited to heart rate, sleep patterns, activity levels, blood oxygen levels, temperature readings, fingerprints, iris scans, facial geometry and images, voice recordings, and other health- and wellness-related information.
Healthcare Providers means any licensed medical professionals, hospitals, clinics, medical practices, telehealth providers, or other entities that provide healthcare services to individuals.
Wellness Providers means any companies or organizations that offer products or services related to health, fitness, or wellbeing, including but not limited to fitness centers, nutrition counselors, wellness coaches, meditation apps, corporate wellness programs, and health insurance companies.
Aggregated and Anonymized Data means Biometric Data that has been combined with data from other users and stripped of any personally identifiable information through technical and administrative measures that prevent re-identification of individual users.
Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Who May Use Our Services

You may use our Services if:

You are a Healthcare Provider or Wellness Provider.
You have the legal right and authority to enter into these Terms of Service.
You and/or your organization are residents of the United States or the European Union.
You and/or your organization provide services to clients who are residents of the United States or European Union.
You and/or your organization comply with these Terms, all applicable laws, and our policies.

User Representations and Warranties

By creating an account and using the Services, you represent and warrant that:

All information you provide to AnyBio is true, accurate, current, and complete.
You have the legal right and authority to enter into these Terms of Service.
You will comply with all applicable laws, regulations, and industry standards when using the Services, including without limitation all applicable data privacy laws.
You will not use the Services for any illegal, fraudulent, unauthorized, or improper purpose.
You will not interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
You will not attempt to gain unauthorized access to the Services or related systems or networks.
Your use of the Services will not violate any rights of third parties, including intellectual property rights, privacy rights, or publicity rights.

Scope of Services

AnyBio provides a secure platform for the collection, storage, processing, and distribution of Biometric Data from wearable devices to aid your healthcare or wellness practice. Our services include:

Collection of Personal Information of clients for identification purposes.
Collection of Biometric Data through integration with various wearable device manufacturers.
Secure storage of Biometric Data using industry-standard encryption and security protocols.
Analysis of Biometric Data to generate personalized health insights.
Transmission of Biometric Data to authorized Healthcare Providers and Wellness Providers.
Aggregation and anonymization of Biometric Data for research and commercial purposes.

AnyBio will provide you with a portal that is customizable to your organization that can be sent to your Clients, allowing them to link their biometric devices. Once your Client links their devices, AnyBio will share the collected Biometric Data subject to these Terms and applicable laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the Biometric Information Privacy Act (BIPA).

AnyBio may also resell Aggregated and Anonymized Data to third parties, but only when permitted by law and in accordance with the consent you and your Clients have provided.

User Registration and Consent

To use our services, you must register and create an account with AnyBio. During registration, you may be required to provide your name, contact details, and billing information. Once registered, you will be provided with a user portal to customize for your use. You will provide your own Terms of Service and Privacy Policy, or you may request that AnyBio provide its standard policies.

Once your portal is set up, you can provide your Clients with access. Your Clients' consent for the sharing of Biometric Data must be obtained through a clear affirmative action, such as checking a box or clicking an "I agree" button, and will be documented and stored by you. You will provide your Clients the ability to withdraw their consent at any time.

For users under the age of 18, parental or guardian consent is required before we can collect, use, or share any Biometric Data.

Biometric Data Collection and Use

AnyBio collects Biometric Data from your connected Clients' devices, which may include data such as heart rate, sleep patterns, activity levels, blood oxygen levels, temperature readings, client images, and other health-related information. AnyBio will use this Biometric Data for the following purposes:

Providing you with your Clients' Biometric Data to inform and personalize your services to your Clients.
Improving our services and developing new features.
Creating Aggregated and Anonymized Data sets for research and commercial purposes.
Complying with legal obligations and enforcing these Terms.

AnyBio will take reasonable technical, administrative, and physical measures to protect the privacy and security of Biometric Data, in accordance with applicable laws and regulations, including but not limited to:

Encryption of data in transit and at rest.
Access controls and authentication mechanisms.
Regular security assessments and audits.
Employee training on data protection.
Incident response procedures.

AnyBio maintains compliance with relevant industry standards and certifications to ensure the secure handling of your Biometric Data.

Sharing of Biometric Data

To the extent allowed by law and by your agreements with your Client, AnyBio may also share Aggregated and Anonymized Data with third parties, but this data will not be traceable back to your Clients. Our anonymization process includes:

Removing all direct identifiers (name, email, phone number, etc.).
Aggregating data across a minimum threshold of users.
Applying statistical techniques to prevent re-identification.
Regular testing of anonymization effectiveness.

AnyBio may disclose information, including account information, communications, and Client Biometric Data, without your consent only when required by law, such as in response to a valid court order, subpoena, or to comply with a legal obligation.

Data Retention, Deletion, and Monetization

Data Retention: AnyBio will retain Client Biometric Data for as long as your account remains active, plus an additional period of seven years to comply with legal obligations and resolve disputes. After this period, your Client data will be securely deleted or anonymized.

Data Deletion: You and your Clients have the right to request deletion of Biometric Data at any time. Upon receipt of a valid deletion request from you, AnyBio will delete your Clients' Biometric Data within 45 days, except for information that we are required to retain for legal, compliance, or legitimate business purposes.

Data Resale and Monetization: AnyBio may resell Aggregated and Anonymized Data to third parties, such as research organizations, pharmaceutical companies, health insurance providers, or commercial entities, when permitted by law. AnyBio will ensure that any Aggregated and Anonymized Data it resells does not contain any personally identifiable information and cannot be re-identified through reasonable means.

AnyBio will not resell or monetize individual Biometric Data without the individual's explicit consent, which will be obtained separately from their consent to our general Terms of Service. Any individual may opt out of having their data included in Aggregated and Anonymized Data sets at any time through the manner prescribed by you in your online policies.

Your Rights and Responsibilities

Access Rights: You have the right to access the Biometric Data stored by AnyBio. You may request a copy of your data by logging into your account or contacting our Privacy Officer.

Responsibilities: You are responsible for:

Ensuring the accuracy of the information you provide to AnyBio.
Maintaining the confidentiality of your account credentials.
Promptly notifying us of any unauthorized access to your account.
Using AnyBio's services only for lawful purposes and in accordance with these Terms.

Complaint Procedure: If you have concerns about our data practices, you may file a complaint by:

Contacting our Privacy Officer at privacy@anybiosignal.com.
Submitting a complaint form on our website.
Calling our customer service at (415) 323-6275.

We will acknowledge receipt of your complaint within 5 business days and provide a substantive response within 30 days.

Intellectual Property Rights

Company's Intellectual Property: AnyBio owns and retains all right, title, and interest in and to its services, website, software, algorithms, and any content created by AnyBio, including all intellectual property rights therein.

Your Content: You and your Clients retain ownership of the Biometric Data, but grant AnyBio a non-exclusive, worldwide, royalty-free license to collect, store, process, and share your Biometric Data as described in these Terms.

Feedback: Any feedback, suggestions, or ideas you provide regarding our services may be used by AnyBio without any obligation to compensate you.

Restrictions: You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

Limitation of Liability and Indemnification

Disclaimer of Warranties: ANYBIO'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANYBIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES.
ANY CONTENT OBTAINED FROM THE SERVICES.
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

Limitation Amount: IN NO EVENT SHALL ANYBIO'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO ANYBIO FOR USE OF THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT MADE ANY PAYMENTS TO ANYBIO.

Exclusions: THE LIMITATIONS OF THIS SECTION SHALL NOT APPLY TO LIABILITY ARISING FROM ANYBIO'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

Indemnification: You agree to indemnify, defend, and hold harmless AnyBio and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

Your use of the services.
Your violation of these Terms.
Your violation of any third-party right, including without limitation any intellectual property right or privacy right.

Insurance: AnyBio maintains appropriate insurance coverage, including cyber liability insurance, to protect against potential liabilities arising from the collection, use, and sharing of Biometric Data.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the services provided by AnyBio shall be resolved as follows:

Informal Resolution: We encourage you to contact us first to seek an informal resolution of any dispute.
Mediation: If the dispute cannot be resolved informally, either party may request non-binding mediation, with the costs of mediation to be shared equally by the parties.
Arbitration: If mediation is unsuccessful, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the rules of JAMS. The arbitration shall take place in San Francisco, CA, and shall be conducted in the English language. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Small Claims: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of the small claims court.

Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ANYBIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Time Limitation: Any claim arising out of or related to these Terms must be filed within one (1) year after such claim arose, otherwise, the claim is permanently barred.

Data Security and Breach Notification

Security Measures: As stated in these Terms, AnyBio implements and maintains reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of your Biometric Data, including:

Encryption of data in transit and at rest using industry-standard protocols.
Multi-factor authentication for system access.
Regular security assessments and penetration testing.
Continuous monitoring for unauthorized access.
Physical security controls for our facilities.

Breach Notification: In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your Biometric Data, AnyBio will:

Notify you without undue delay, and in any event within 72 hours of becoming aware of the breach.
Provide a description of the nature of the breach.
Describe the likely consequences of the breach.
Outline the measures taken or proposed to address the breach.
Provide contact information for our Privacy Officer.

Incident Response: AnyBio maintains an incident response plan that includes procedures for identifying, containing, eradicating, and recovering from security incidents, as well as for notifying affected individuals, regulatory authorities, and law enforcement as required by applicable law.

Modifications to these Terms

AnyBio reserves the right to modify these Terms at any time, with or without prior notice. If we make material changes to these Terms, we will notify you by:

Sending an email to the address associated with your account.
Displaying a prominent notice on our website.
Requiring you to acknowledge the updated Terms before continuing to use our services.

It is your responsibility to review these Terms periodically and to ensure that you are aware of any changes. Your continued use of AnyBio's services after any modifications to these Terms will constitute your acceptance of the revised terms. If you do not agree to the modified terms, you must stop using our services and close your account.

Termination

Termination by You: You may terminate these Terms at any time by closing your account and discontinuing use of our services. Upon termination, your right to use the services will immediately cease.

Termination by AnyBio: AnyBio may terminate or suspend your access to the services at any time, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Effect of Termination: Upon termination of these Terms:

Your access to the services will cease.
We will retain Client Biometric Data.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Compliance with Laws and Industry Standards

AnyBio is committed to complying with all applicable laws and regulations governing the collection, use, and sharing of Biometric Data, including but not limited to:

Health Insurance Portability and Accountability Act (HIPAA).
General Data Protection Regulation (GDPR).
California Consumer Privacy Act (CCPA).
Biometric Information Privacy Act (BIPA).
State-specific biometric privacy laws.

AnyBio maintains compliance with relevant industry standards and certifications, including:

ISO 27001 (Information Security Management).
SOC 2 Type II (Security, Availability, and Confidentiality).

Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and AnyBio regarding the subject matter hereof at this time. Should you enter into a separate written agreement with AnyBio, the language of that agreement may supersede these Terms if specified in that agreement.

Additional Agreements: You may be required to enter into additional, legally required agreements for AnyBio's Services. If you are a Healthcare Provider, located outside of the United States, or have clients located outside of the United States, please contact AnyBio before starting use of the Services.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent possible under law.

No Waiver: The failure of AnyBio to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without AnyBio's prior written consent. AnyBio may assign these Terms without restriction.

Force Majeure: AnyBio shall not be liable for any failure to perform its obligations where such failure results from any cause beyond AnyBio's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

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

Email: legal@anybiosignal.com
Phone: (415) 323-6275
Address: 2261 Market Street STE 86985, San Francisco, CA 94114

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.