Terms of Service
Last Updated: October 6, 2026
1. Acceptance of Terms
By accessing or using the BioTrac mobile application and related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and BioTrac LLC ("BioTrac," "we," "us," or "our").
2. Eligibility
You must be at least thirteen (13) years of age to use BioTrac. If you are under eighteen (18) years of age, you confirm that you have obtained verifiable consent from a parent or legal guardian to use the Service. By creating an account, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate, complete, and current.
3. Account Registration
To access certain features of the Service, you must register for an account. You agree to: (a) provide accurate and complete information when creating your account; (b) maintain the security of your login credentials; (c) promptly update your account information as needed; and (d) accept responsibility for all activities that occur under your account. You may not share your account credentials with others or create multiple accounts for exploitative purposes. We reserve the right to suspend or terminate accounts that violate these requirements.
4. Free Trial
BioTrac offers a 14-day free trial for new accounts. The trial starts when you create your account, and no payment method is required. During the trial you have access to all premium features of the Service. When the trial ends, premium features stop until you subscribe. The trial never converts to a paid subscription on its own, and you are not charged for it. If you subscribe before the trial ends, your paid subscription starts and is charged right away, and any trial time you have left ends.
5. Subscription and Billing
BioTrac operates on a subscription-based model. Current pricing is:
- Monthly subscription: $9.99 per month
- Annual subscription: $99.99 per year (approximately 17% savings)
Payment Processing: If you subscribe on our website or in the Android app, payment, billing management, and subscription processing are handled throughPolar ("polar.sh"), our third-party payment processor, and you agree to Polar's terms of service and privacy policy. If you subscribe through the App Store in our iOS app, Apple charges your Apple ID and Apple's terms apply to the purchase. BioTrac does not directly store or process your payment card information.
Automatic Renewal: Subscriptions renew automatically at the end of each billing period, for the same period (one month or one year) and at the then-current price, until you cancel. You are charged at the start of each period. Website and Android subscriptions can be canceled at any time from your account page on biotrac.org, in the app under Profile, Subscription, or by contacting us. App Store subscriptions are canceled in your App Store account settings, at least 24 hours before the current period ends to avoid the next charge. Cancellations take effect at the end of the current billing period, and you keep access to the Service until then.
Price Changes: We reserve the right to modify subscription pricing. Any price changes will take effect at the beginning of your next billing cycle after providing at least 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
6. Refund Policy
We offer a 7-day money-back guarantee for all new paid subscriptions. If you are not satisfied with the Service, you may request a full refund within 7 days of your initial subscription purchase by contacting us at[email protected]. Refunds will be processed within 5-10 business days and will be credited to the original payment method. This guarantee applies only to initial subscriptions, not renewals. After the 7-day period, all subscription fees are non-refundable except where required by law. Refunds for purchases made through the App Store are handled by Apple under its refund policies.
7. Medical Disclaimer and Assumption of Risk
IMPORTANT: BioTrac provides general fitness and wellness information for educational purposes only. We do not provide medical advice, diagnosis, or treatment. The content within our Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
You acknowledge that physical exercise involves inherent risks, including but not limited to physical injury, illness, or death. You agree to:
- Consult a qualified healthcare professional before beginning any fitness or nutrition program
- Immediately stop any exercise that causes pain, discomfort, or dizziness
- Not use the Service if you have been advised against physical activity by a healthcare provider
By using BioTrac, you assume all risks associated with physical exercise and participation in fitness activities.BioTrac, BioTrac LLC, and our affiliates shall not be liable for any injuries, health complications, damages, or losses arising from your participation in physical activity or reliance on information provided through the Service.
8. Acceptable Use
You agree not to misuse the Service, including but not limited to:
- Engaging in any unlawful activity through the Service
- Sharing, selling, or transferring your account to others
- Attempting to reverse engineer, decompile, or hack the platform
- Uploading malicious code, viruses, or harmful content
- Interfering with or disrupting the Service or our servers
- Scraping, data mining, or harvesting user data
- Impersonating any person or entity
- Using automated systems to access the Service without authorization
BioTrac reserves the right to suspend or terminate accounts, remove content, and take legal action against users who violate these Terms at our sole discretion, without prior notice.
9. Intellectual Property
All software, branding, content, designs, graphics, text, and other intellectual property associated with BioTrac (collectively, "Our Content") are the exclusive property of BioTrac LLC and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, reproduce, republish, download, display, post, transmit, or sell any of Our Content without our prior written authorization. The BioTrac name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BioTrac LLC or its affiliates.
10. Privacy and Analytics
Your use of the Service is also governed by ourPrivacy Policy, which explains how we collect, use, and protect your personal information. By using BioTrac, you consent to the collection and use of your information as described in the Privacy Policy.
Our website uses Google Analytics and PostHog to collect anonymized usage data, including pages visited, session duration, button clicks, and referral sources. Our mobile app uses PostHog to record product usage and subscription lifecycle events (such as trial starts, subscription starts, renewals, and cancellations), and Meta (Facebook) App Events to measure advertising and conversion performance. This data helps us improve the Service and understand how users interact with our content. These services may use cookies or similar tracking technologies. For details on what we collect and how to opt out, please refer to ourPrivacy Policy.
11. Limitation of Liability
To the fullest extent permitted by applicable law, BioTrac LLC and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or goodwill
- Personal injury or property damage
- Any damages resulting from: (a) your access to or use of (or inability to access or use) the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; or (d) unauthorized access, use, or alteration of your transmissions or content
This limitation applies regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our total liability to you exceed the amount you paid to us, if any, in the twelve (12) months preceding the event giving rise to the liability.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service with an updated "Last Updated" date. We will make reasonable efforts to notify you of material changes via email or in-app notification. Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue using the Service.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of law provisions.
14.1 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and BioTrac LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with us (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, which are available atwww.adr.org. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Hamilton County, Tennessee. The arbitrator shall apply Tennessee law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
If you initiate arbitration, BioTrac LLC will promptly reimburse you for your payment of the filing fee unless your claim exceeds $75,000, in which case the payment of fees will be governed by the AAA Rules. If BioTrac LLC initiates arbitration, we will pay all filing and arbitration fees. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees and costs to the prevailing party.
14.2 Class Action and Jury Trial Waiver
YOU AND BIOTRAC LLC 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void, and the Dispute shall proceed in the state or federal courts located in Hamilton County, Tennessee.
YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL in connection with any Dispute that is not subject to the arbitration provisions above.
14.3 Informal Resolution First
Before initiating arbitration, you agree to first contact us at[email protected]and attempt to resolve the Dispute informally for at least thirty (30) days. If the Dispute is not resolved within that period, either party may proceed with arbitration as set forth above.
14.4 Venue for Non-Arbitrable Claims
For any Disputes that are not subject to arbitration (including any claims that are found to be exempt from arbitration by applicable law), you and BioTrac LLC agree to submit to the exclusive jurisdiction of the state and federal courts located in Hamilton County, Tennessee, and you agree to waive any objection to venue in such courts.
15. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitations of liability, and indemnification.
16. Data Retention Upon Termination
Upon termination or deletion of your account, we will remove your personal data from all active systems within 30 days. However, due to our automated database backup system, some of your data may remain in backups for up to 7 days after account deletion.
Our backup retention period is 7 days, meaning that deleted data may persist in encrypted backups until the next backup cycle overwrites them. During this period, backup data is not accessible or used for any purpose; it exists solely for disaster recovery in the event of system failure.
After 30 days from account deletion, all your data is permanently removed from our active systems and will be automatically purged from backups during the next backup cycle (within 7 days). We cannot recover data after this period.
17. Copyright Complaints (DMCA)
We respect intellectual property rights. If you believe material on the Service infringes your copyright, send a written notice to our designated agent under the Digital Millennium Copyright Act (17 U.S.C. § 512(c)). Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe is infringed; (c) identification of the material you believe is infringing, with enough detail for us to locate it; (d) your name, mailing address, telephone number, and email address; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.
Designated agent:
Copyright Agent, BioTrac LLC
Email:[email protected]
Phone:(423) 260-3530
Mail: 1703 Leavitt Dr, Signal Mountain, TN 37377
Counter-notice: If material you posted was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same agent. It must include: your physical or electronic signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which BioTrac may be found) and that you will accept service of process from the person who sent the original notice.
Repeat infringers: In appropriate circumstances, we terminate the accounts of users who repeatedly infringe the copyrights of others.
18. Contact Information
If you have any questions about these Terms, please contact us at:
BioTrac LLC
Email:[email protected]