1. Scope

This policy applies to paid BioSensr Software access, BioSensr hardware and related services purchased directly from BODY BIOSENSE Pty Ltd (ABN 65 662 642 444) (BioSensr, we, us or our).

This policy forms part of the BioSensr Terms of Use. A separate signed agreement, order form or written commercial arrangement may provide additional rights. Nothing in another document reduces a right or remedy that cannot lawfully be excluded.

2. Australian Consumer Law

Our goods and services may be subject to guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in this policy excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

Depending on the circumstances, a failure to meet a consumer guarantee may entitle you to a repair, replacement, repeat performance, cancellation, refund, price reduction or compensation. The available remedy can depend on whether the problem is major or minor and whether the purchase concerns goods, services or both.

A voluntary change-of-mind condition in this policy does not apply where you are exercising rights for faulty, unsafe, misdescribed or otherwise non-compliant goods or services. In particular, a faulty product does not need to be unused or in its original packaging for you to exercise any ACL right that applies.

3. One-year paid software access

Paid BioSensr Software access is generally sold as a one-time 12-month purchase through Stripe, unless a different arrangement is stated before payment, on an invoice or in a separate written agreement.

The current yearly option does not renew automatically. Access ends on the date shown in the BioSensr account unless it is extended by a later purchase, manual grant or written agreement.

You may request early cancellation before the end of the current paid access period. If accepted under this voluntary policy, access ends when the cancellation takes effect and BioSensr will refund the unused portion on a daily pro-rata basis. Contact BioSensr to request cancellation. These voluntary terms operate in addition to any cancellation, refund or other remedy required by law.

4. How an early-cancellation refund is calculated

For a voluntary early cancellation, the refund is calculated on a daily pro-rata basis using the net software-access fee actually paid for the current access period.

Refund = software-access fee actually paid x unused days remaining in the purchased access period / total days in that access period.

The calculation does not include a refund of hardware, one-off services or other separately charged items. Any discount applied to the software-access purchase is reflected in the amount actually paid and therefore in the refund calculation. GST and other tax adjustments will be handled consistently with the original transaction and applicable law.

There is no separate BioSensr cancellation fee. Stripe or the receiving financial institution may require additional processing time after an approved refund is initiated.

This voluntary early-cancellation right is additional to any cancellation, refund or other remedy required by law.

5. Later purchases, promotions and complimentary access

A later purchase extends any remaining valid access rather than replacing unused time. If an extension is cancelled early under this voluntary policy, the unused portion is assessed using the same daily pro-rata approach.

Any refund for a promotional or discounted purchase is calculated from the amount actually paid. A refund does not reinstate a coupon, pilot position or expired promotional offer.

Complimentary, pilot or manually granted access has no cash value and is not refundable. Ending complimentary access does not affect a separate valid paid entitlement.

6. Hardware change-of-mind returns

BioSensr offers a voluntary change-of-mind return for hardware requested within 30 calendar days after delivery, provided the hardware:

• has not been used;

• is undamaged and in original condition;

• is returned with its original packaging, accessories and supplied components; and

• is accompanied by reasonable proof of purchase.

For an approved change-of-mind return, we will refund the hardware purchase price actually paid. Original delivery charges are not refundable unless required by law, and the customer is responsible for change-of-mind return shipping.

Used hardware is not eligible for a change-of-mind refund. This restriction does not apply to a remedy available under the ACL or the BioSensr Limited Hardware Warranty where the hardware is faulty or otherwise covered.

Contact us before returning hardware so that we can provide return instructions and a return reference.

7. One-year BioSensr Limited Hardware Warranty

In addition to any rights under the ACL, BioSensr provides the original purchaser with a 12-month limited hardware warranty commencing on the date the hardware is delivered.

During the warranty period, BioSensr warrants that the supplied BioSensr hardware will be free from defects in materials and workmanship under normal use in accordance with the current Instructions for Use (IFU).

If a defect is covered by this limited warranty, BioSensr will, at its option and at no charge, repair the affected hardware, replace it with the same or an equivalent product, or provide another reasonable remedy. Any ACL right that gives the customer the choice of remedy takes priority over this voluntary warranty term.

The limited warranty does not cover damage or failure caused by:

• misuse, abuse, accident or use outside the IFU;

• unauthorised modification, repair, disassembly or reverse engineering;

• improper storage, cleaning or handling;

• liquid entering a connector or other area not intended for liquid exposure;

• excessive cable strain, twisting, pulling or mechanical loading outside the stated operating conditions;

• use with unsupported equipment, software or accessories where that use caused the problem;

• ordinary wear and tear; or

• loss, theft or cosmetic damage that does not affect normal operation.

These exclusions apply only to the voluntary limited warranty and do not exclude a statutory remedy that applies despite them.

The 12-month warranty period is not a limit on rights under the ACL. Depending on the circumstances, consumer-guarantee rights may continue beyond the express warranty period.

8. Software problems

If BioSensr Software does not operate as described, contact us with the account email, software version, operating system and a description of the problem. Do not send identifiable athlete data or raw measurement files through ordinary email or the public website form.

For a minor problem, we may first provide troubleshooting, an update or another correction within a reasonable time. If a problem is major, cannot be remedied within a reasonable time, or otherwise gives rise to a remedy under the ACL, the applicable statutory remedy remains available.

Compatibility limitations clearly disclosed before purchase, problems caused by unsupported environments, customer modifications, misuse or third-party systems outside our control may not qualify for a voluntary refund. This does not exclude rights that apply in the particular circumstances.

9. Returns, assessment and shipping costs

We may reasonably assess returned hardware before providing a remedy.

For a valid ACL or limited-warranty claim, BioSensr will bear or reimburse reasonable return or collection costs where required by law or this policy. Contact us before sending the hardware so that appropriate arrangements can be made.

If assessment shows that the issue is not covered by the ACL or the limited warranty, we may ask you to pay reasonable inspection, transport or repair costs, but we will disclose those costs before proceeding where reasonably practicable.

Do not include a computer, local BioSensr data folder or athlete information with a hardware return unless we specifically agree on a secure process.

10. Refund method and timing

Approved card refunds are ordinarily returned through Stripe to the original payment method. Approved bank-transfer refunds are ordinarily returned to the originating account or another verified account belonging to the customer. We may request information reasonably necessary to verify the payer and prevent fraud.

We will initiate an approved refund within a reasonable time. The receiving bank or payment provider may require additional processing time.

11. How to make a claim

Submit a request through BioSensr Contact or email jett@biosensr.com and provide, where relevant:

• the account email and organisation;

• the invoice, order or payment reference;

• the purchase, delivery or access-extension date;

• whether the claim concerns software, hardware or another service;

• a concise description of the issue and requested remedy; and

• photographs or other non-sensitive evidence where reasonably relevant.

Do not include identifiable athlete information or measurement data. We will acknowledge the request, may seek further information reasonably required to assess it, and will explain the outcome.

12. Contact

BODY BIOSENSE Pty Ltd
ABN 65 662 642 444
Email: jett@biosensr.com
Contact: https://www.biosensr.com/contact