Terms & conditions

01Eligibility and account responsibility

You must be at least 18 years old and legally able to enter into a binding agreement to create a Blue Pomera account or purchase the Services. The Services are not intended for minors unless Blue Pomera later introduces a specifically authorized minor program with appropriate parental/guardian and clinical consents.

You agree to provide accurate, current information and to protect your login credentials. You are responsible for activity under your account except to the extent caused by Blue Pomera's own acts or omissions. Contact us promptly if you believe your account has been accessed without authorization.

02What Blue Pomera is

Blue Pomera is a consumer health-intelligence and wellness platform. The platform may organize information you choose to provide or connect, including genetics, biomarkers, connected-health data, lifestyle information, symptoms, goals, and other wellness information, and may use software and artificial intelligence to identify patterns, organize information, and generate personalized wellness insights and educational content.

Blue Pomera may also enable you to order or access products and services supplied by independent third parties, including genetic testing, biomarker testing, at-home collection devices, laboratory services, telehealth or physician authorization, fulfillment services, supplements, and other wellness products.

03Blue Pomera is not a medical provider or laboratory

Information and AI-generated or algorithmic content provided through the Services is for informational and general wellness purposes unless a separate licensed medical provider expressly states otherwise in a service that provider delivers. Do not use Blue Pomera content as the sole basis for diagnosing a condition, starting or stopping medication, changing treatment, or delaying professional care.

If you believe you are experiencing a medical emergency, call 911 in the United States or the applicable emergency service in the user's jurisdiction immediately. Do not use the Blue Pomera app, chat, messaging, or support channels for emergencies.

04Independent laboratories, clinicians and other providers

Certain testing services may require an independent licensed clinician or telehealth provider to determine whether a test may be ordered or authorized for you. Samples may be collected using independent collection providers and processed by independent laboratories. These providers are separate entities and may have their own terms, privacy notices, consent forms, eligibility criteria, geographic restrictions, professional duties, and refund limitations.

Blue Pomera does not control independent professional judgment. A clinician or laboratory may decline, modify, cancel, repeat, or recommend follow-up concerning a test when permitted or required by law, professional standards, sample quality, safety, or the provider's protocols.

Where an independent provider has responsibility for clinical follow-up concerning a laboratory result, that provider, not Blue Pomera, determines and performs that responsibility under its own professional and legal obligations.

05Laboratory results and reference ranges

Laboratory values, flags, units, reference intervals, comments and similar clinical result information are generated by the laboratory or clinical provider responsible for the test. Blue Pomera may display, organize, trend, or contextualize that information, but Blue Pomera does not establish the laboratory's reference intervals and does not convert those intervals into diagnosis or treatment targets.

A laboratory value outside a reference interval does not by itself establish that you have a disease, and a value inside an interval does not guarantee that you do not. Questions about the clinical meaning of a result should be directed to an appropriate licensed health professional.

06Genetics and DNA services

Genetic services require separate consent. Depending on the service ordered and applicable law in the user's jurisdiction, you may be required to provide express or written authorization addressing collection, analysis, use, retention, disclosure, and destruction of DNA samples and genetic results. Your acceptance of these Terms does not replace a genetic-testing consent when a separate consent is required by law or by the testing provider.

Genetic information may indicate associations or predispositions; it does not predict with certainty whether a condition will occur. Blue Pomera wellness content based on genetic information is not a clinical diagnosis and should not be treated as one.

07Connected health data and wearables

You may choose to connect compatible third-party platforms, devices, or applications, such as Apple Health or Android Health Connect. You control whether to grant or revoke those permissions through the relevant platform or device settings. The accuracy, completeness, timing and availability of connected data depend on the third-party device or platform and are not guaranteed by Blue Pomera.

Blue Pomera may use member-authorized connected data to organize trends, support your selected wellness goals, and personalize the Services. A wearable reading is not a substitute for clinical evaluation.

08The Blue Pomera Guide, artificial intelligence and automated insights

Blue Pomera may use AI-enabled features, including the Blue Pomera Guide, to summarize information, identify patterns, explain data, prioritize wellness topics, and generate educational or lifestyle suggestions. AI systems can be incomplete, inaccurate, or inconsistent. You should review important information and use appropriate professional judgment before acting on it.

Blue Pomera may limit, modify, or disable an AI feature when necessary for safety, compliance, security, quality, or product changes. Identifiable genetic and health data will not be used for general-purpose AI model training without explicit authorization and legal review, as further described in our Privacy Policy.

09Wellness goals

The Services may allow you to select personal wellness goals. Goals are used to organize and prioritize lifestyle and wellness information relevant to what you want to work on. A selected goal is not a diagnosis or treatment plan. Laboratory values may appear as part of your record, but Blue Pomera does not establish clinical targets for those laboratory values.

10Membership, billing and automatic renewal

Unless your checkout states otherwise, Blue Pomera membership is billed monthly and automatically renews at the price disclosed at checkout until canceled. The current standard monthly membership is $79, before applicable taxes. Promotional or future plans may have different pricing and terms, which will be shown before purchase.

By starting a recurring membership, you authorize Blue Pomera and its payment processor to charge the payment method you provide for each renewal until you cancel. You may cancel through the cancellation method provided in your account or by contacting [email protected]. Cancellation stops future renewals and ordinarily takes effect at the end of the current paid billing period. Monthly membership charges are non-refundable once processed, including the initial membership charge and subsequent renewal charges, except where a refund is required by applicable law in the user's jurisdiction. Turning off automatic renewal prevents future recurring charges but does not generate a refund for the current or any prior billing period.

We will provide renewal or price-change notices when required by applicable law. If we materially increase a recurring price, we will provide notice before the new price applies and any additional consent required by law.

11Purchases, taxes and payment processing

Prices are displayed before purchase. You are responsible for applicable taxes, shipping, and other charges disclosed at checkout. Payment-card information may be collected and processed by a third-party payment processor; Blue Pomera may receive limited transaction information such as payment status, card type, and the last digits of a card, but does not need to store the full card number in order to operate the Services.

If a payment fails, we may retry the charge, request an updated payment method, restrict paid features, or suspend an order or membership until payment is resolved, subject to applicable law.

12Shipping, collection kits and samples

Physical products and testing/collection kits are shipped to eligible locations using the shipping methods shown at checkout. Estimated delivery dates are estimates, not guarantees. You are responsible for providing an accurate delivery address and following collection, packaging, storage, and return-shipping instructions supplied with a testing kit.

A sample may be rejected or require recollection if it is insufficient, damaged, contaminated, delayed, collected improperly, outside acceptance criteria, or otherwise unsuitable for processing. The laboratory or collection partner determines sample acceptability.

13Refunds, cancellations and returns

Refund, cancellation and return rules are described in our Refund, Cancellation, Returns & Fulfillment Policy, which is incorporated into these Terms. Certain third-party laboratory, clinician, telehealth, processing, shipping, and collection costs may become non-refundable after an order reaches a specified processing stage. Supplements may be eligible for a refund under that policy but are not returnable, whether opened or unopened. Refund eligibility, limits and any related account restrictions are governed by that policy and applicable law.

14Supplements and other wellness products

If Blue Pomera offers supplements or other wellness products, product labels and instructions control their intended use. Dietary supplements are not intended to diagnose, treat, cure, or prevent disease. Consult a qualified professional before using a supplement if you are pregnant, nursing, taking medication, have a medical condition, are preparing for surgery, or have concerns about ingredients or interactions.

15Independent distributors and referral relationships

Blue Pomera may use independent distributors or referral partners as a customer-acquisition channel. An independent distributor is not your healthcare provider and is not authorized to diagnose, prescribe, interpret laboratory results as a clinician, promise health outcomes, or make unauthorized income or product claims on Blue Pomera's behalf.

Your underlying health information, including DNA, biomarkers, symptoms, laboratory results, connected-health data and AI-generated health insights, is not provided to an independent distributor merely because that distributor referred or supports your account. Limited commercial information, such as account status, customer relationship, order or eligibility information, may be used where necessary to service the relationship or administer lawful compensation.

16Acceptable use

You may use the Services only for lawful personal purposes. You may not:

• access or use another person's account or health information without authorization;
• submit another person's biological sample, DNA, or health information without all legally required authority and consent;
• interfere with, reverse engineer, scrape, probe, or attempt to bypass security or access controls except to the extent such restriction is prohibited by law;
• use the Services to create or distribute unlawful, deceptive, harmful, or infringing content;
• misrepresent Blue Pomera content as medical diagnosis or professional medical advice; or
• use Blue Pomera branding, claims, or materials in a way that violates applicable field policies, intellectual-property rights, or law.

17Privacy and data protection

Our handling of personal information is governed by our Privacy Policy and, where applicable, our Consumer Health Data Privacy Policy. Additional consents may apply to genetics, testing, connected-health integrations, or specific data sharing. If a conflict exists between a specific consent and these general Terms regarding that specific data use, the more specific consent controls.

18Intellectual property

The Services, software, design, trademarks, logos, text, videos, graphics, algorithms, workflows, and other Blue Pomera content are owned by or licensed to Blue Pomera and are protected by intellectual-property laws. Subject to these Terms, Blue Pomera grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Services for your own lawful use.

You retain ownership of personal information and content you submit, subject to the permissions necessary for Blue Pomera and its service providers to operate the Services as described in the Privacy Policy and your consents.

19Third-party services and links

The Services may connect to or reference third-party products, websites, laboratories, providers, devices, platforms or services. Blue Pomera is not responsible for a third party's independent acts, professional services, availability, security, content, or terms, except to the extent applicable law provides otherwise.

20Service availability and changes

We may update, add, remove, suspend, or discontinue features, integrations, tests, products, or services. Availability may vary by location and may depend on third-party partners, regulatory requirements, device compatibility, or clinical eligibility. We will provide notice when required by law or when a change materially affects an ongoing paid service.

21Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BLUE POMERA DISCLAIMS IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH WARRANTIES CANNOT LEGALLY BE DISCLAIMED. BLUE POMERA DOES NOT GUARANTEE A PARTICULAR HEALTH, WELLNESS, LABORATORY, FITNESS, FINANCIAL, OR OTHER OUTCOME.

22Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE POMERA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR DATA, ARISING FROM THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE POMERA'S AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO BLUE POMERA FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.

These limitations do not apply where prohibited by law, including to liability that cannot legally be limited. Consumer-protection rights that apply to you remain in effect.

23Suspension and termination

You may stop using the Services at any time and may cancel recurring membership as described above. We may suspend or terminate access for fraud, abuse, nonpayment, repeated or abusive refund activity, an approved refund where permitted under our Refund, Cancellation, Returns & Fulfillment Policy, legal or regulatory reasons, threats to security, violation of these Terms, or conduct that creates material risk to Blue Pomera, members, providers, or third parties. Where appropriate and lawful, we will provide notice and an opportunity to resolve the issue. Any non-waivable consumer rights remain in effect.

24Governing law and disputes

For U.S. users, these Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where mandatory consumer law requires otherwise. Before filing a formal dispute, you and Blue Pomera agree to make a good-faith effort for at least 30 days to resolve the matter by contacting [email protected]. If unresolved, disputes may be brought in a court with lawful jurisdiction, subject to any mandatory rights that apply where you live.

For users outside the United States, nothing in these Terms waives any non-waivable consumer-protection, privacy, or other rights that apply under law in the user's jurisdiction.

25Changes to these Terms

We may update these Terms from time to time. The "Effective Date" will show when the current version became effective. If a change materially affects your rights or an ongoing paid service, we will provide additional notice or obtain consent when required by law.

26Apple App Store and Google Play

If you downloaded the Blue Pomera app from Apple's App Store or Google Play, the following also applies:

• These Terms are between you and Blue Pomera only, not Apple or Google. Blue Pomera, not Apple or Google, is solely responsible for the app and its content.
• Your licence to use the app is limited to devices you own or control, as permitted by the App Store or Google Play usage rules.
• Apple and Google have no obligation to provide maintenance or support for the app.
• If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are Blue Pomera's responsibility, as limited by these Terms.
• Blue Pomera, not Apple or Google, is responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If a third party claims that the app or your use of it infringes their intellectual property rights, Blue Pomera, not Apple, is responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms, such as your mobile data agreement, when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.
• Purchases made through the App Store or Google Play are subject to Apple's or Google's payment, cancellation and refund terms.

27Contact

Email: [email protected]
Privacy: [email protected]