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BioGain Terms of Use

Effective Date: 9 August 2026
Last Updated: 9 August 2025
Version: 2.1

Welcome to BioGain

BioGain is a cloud-based platform developed by BetterTrack Ltd that helps organisations and individuals manage land, grounds, habitats, biodiversity and outdoor spaces. Through our web and mobile applications, users can record observations, plan and manage tasks, collaborate with others and measure environmental improvements.

These Terms of Use govern your access to and use of the BioGain platform, websites, mobile applications and related services (collectively, the "Services").

When these Terms refer to "BioGain", "we", "our" or "us", they mean BetterTrack Ltd (Company No. 11877539), the legal owner and operator of the BioGain platform and all associated intellectual property.

By creating an account, accessing or using BioGain, you confirm that you have read, understood and agree to be bound by these Terms of Use, together with our:

If you do not agree with these Terms, you must not access or use the Services.

BioGain Principles

BioGain has been designed to support responsible land management and positive environmental action.

We are committed to:

  • protecting user privacy;

  • maintaining a professional and respectful community;

  • providing secure and reliable services;

  • supporting collaboration between organisations and their teams;

  • using Artificial Intelligence responsibly to assist, rather than replace, human decision-making;

  • complying with applicable legal and regulatory requirements.

These principles underpin the operation of the BioGain platform and the way we develop new features.

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1. About BioGain

BioGain is owned and operated by: BetterTrack Ltd

BioGain is the trading name and software platform operated by BetterTrack Ltd.

Company Number: 11877539

General enquiries: info@biogain.ai

Website: www.biogain.ai

 

Throughout these Terms:

  • BioGain, we, our and us mean BetterTrack Ltd.

  • You, your or User means the individual or organisation using BioGain.

  • Organisation means the company, club, charity, school, estate, authority or other body using BioGain.

  • Administrator means a user authorised to manage an Organisation.

  • Services means all BioGain applications, websites and associated services.

2. Purpose of BioGain

BioGain provides cloud-based web and mobile applications that enable users to record observations, manage work, collaborate with teams, maintain digital records of sites and measure environmental improvements:

  • Capture observations in the field

  • Record photographs and evidence

  • Manage assets and mapped features

  • Create and assign tasks

  • Coordinate projects

  • Record biodiversity information

  • Monitor habitat management

  • Collaborate with colleagues and contractors

  • Generate reports

  • Improve operational decision making

BioGain is intended to simplify day-to-day management of land and grounds.

Although BioGain provides tools that assist decision making, it does not replace professional ecological, engineering, surveying, legal or health and safety advice.

3. Acceptance of these Terms

These Terms form a legally binding agreement between you and BetterTrack Ltd.

You accept these Terms by:

  • creating a BioGain account;

  • signing into BioGain using Microsoft, Apple, Google or another supported identity provider;

  • downloading the BioGain application;

  • accessing the BioGain website;

  • using any BioGain service.

If you are accepting these Terms on behalf of an Organisation, you confirm that you have authority to bind that Organisation.

If you do not have such authority, you must not use BioGain on behalf of that Organisation.

4. Eligibility

To use BioGain you must:

  • be at least sixteen (16) years of age; or

  • have permission from a parent, guardian or educational establishment where permitted by applicable law; and

  • have authority to use the Services if acting on behalf of an Organisation.

BioGain is intended primarily for professional and organisational use.

Where schools, colleges or youth organisations use BioGain, the Organisation remains responsible for ensuring appropriate supervision and compliance with applicable safeguarding and privacy legislation.

5. Your BioGain Account

Creating an account allows you to securely access BioGain across supported devices.

When creating an account you agree to provide information that is:

  • accurate;

  • complete;

  • current; and

  • not misleading.

You agree to keep your account information updated if your details change.

You are responsible for maintaining the confidentiality of your login credentials.

You must not:

  • share your password with another person;

  • allow another individual to use your account;

  • attempt to access another user’s account.

You must notify BetterTrack immediately if you believe your account has been compromised or accessed without your permission.

We may suspend or disable an account where we reasonably believe account security has been compromised.

6. Organisation Accounts

Many BioGain customers operate as organisations rather than individual users.

Examples include:

  • Golf clubs

  • Country estates

  • Local authorities

  • Schools

  • Universities

  • Sports facilities

  • Contractors

  • Ecological consultancies

  • Conservation organisations

  • Property management companies

Each Organisation may appoint one or more Administrators.

Administrators may:

  • invite users;

  • remove users;

  • assign permissions;

  • manage subscriptions;

  • manage Sites;

  • export Organisation data;

  • configure Organisation settings.

Administrators are responsible for ensuring that permissions granted to users are appropriate.

BetterTrack cannot determine whether a particular user should or should not have access to an Organisation’s information.

Responsibility for managing Organisation access remains with the Organisation.

7. User Responsibilities

BioGain is designed to support collaborative working.

To help maintain a secure and trusted platform you agree to:

  • comply with these Terms;

  • comply with applicable laws;

  • respect the rights of other users;

  • use BioGain responsibly;

  • keep your login credentials secure;

  • maintain appropriate security on devices used to access BioGain;

  • promptly report security concerns.

Where BioGain is used in a professional environment you remain responsible for ensuring information entered into BioGain is appropriate for your Organisation.

BioGain does not automatically verify the accuracy of information entered by users.

8. Acceptable Use

You agree not to use BioGain in any way that:

  • breaches any applicable law or regulation;

  • infringes another person’s intellectual property rights;

  • contains defamatory, abusive, discriminatory or unlawful material;

  • contains malware, viruses or malicious software;

  • attempts to interfere with the operation of BioGain;

  • attempts to gain unauthorised access to BioGain or another user’s information;

  • distributes spam or unsolicited communications;

  • uses automated tools to extract or scrape information without permission;

  • reverse engineers or attempts to discover BioGain source code except where expressly permitted by law;

  • attempts to build competing software using BioGain.

We reserve the right to investigate suspected misuse.

Where necessary we may suspend or terminate accounts to protect BioGain, our users or third parties.

9. Observations, Tasks and User Content

One of BioGain’s core purposes is enabling users to create operational records.

These records may include:

  • Observations

  • Tasks

  • Projects

  • Features

  • Areas

  • Habitat records

  • Biodiversity records

  • Maintenance records

  • Comments

  • Reports

  • Checklists

  • Uploaded documents

  • Photographs

  • Videos

  • GPS locations

Collectively these are referred to within these Terms as User Content.

 

You retain ownership of the content you create. Personal information is handled in accordance with our Privacy Policy. Operational records created within an organisation generally remain part of that organisation's records unless otherwise agreed.

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You confirm that:

  • you own the content or have permission to upload it;

  • uploading the content does not infringe another person’s rights;

  • the content is accurate to the best of your knowledge;

  • the content complies with applicable law.

BetterTrack does not routinely review User Content before it is stored.

However, where we reasonably believe content breaches these Terms or applicable law we may remove or restrict access to that content.

10. Photographs, Images and Evidence

BioGain has been designed as a camera-first platform.

Photographs provide valuable evidence of site conditions, completed work and environmental improvement.

Images uploaded to BioGain may contain additional metadata automatically created by your device, including:

  • date and time;

  • GPS coordinates;

  • camera model;

  • device type;

  • image orientation;

  • image resolution.

This metadata helps BioGain provide mapping, reporting and operational functionality.

You remain responsible for ensuring that photographs uploaded to BioGain comply with applicable privacy, copyright and data protection legislation.

Where practical, photographs should avoid unnecessarily identifying individuals.

11. Ownership of Your Content

Your Organisation retains ownership of the operational information created within BioGain.

This includes, but is not limited to:

  • observations;

  • tasks;

  • projects;

  • photographs;

  • reports;

  • uploaded documents;

  • mapped features;

  • biodiversity records.

To enable BioGain to operate, you grant BetterTrack Ltd a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, back up and display your User Content solely for the purpose of providing and improving the BioGain Services.

This licence ends when your content is deleted from BioGain, except where retention is required by law or forms part of secure system backups retained for disaster recovery purposes.

12. Artificial Intelligence

BioGain may include Artificial Intelligence (“AI”) features to help users work more efficiently and gain additional insight from their data.

Current and future AI capabilities may include:

  • generating observation summaries;

  • suggesting task descriptions;

  • identifying habitats or landscape features;

  • recognising plants, trees or other environmental features;

  • recommending management activities;

  • highlighting trends or patterns;

  • producing reports;

  • assisting with searches;

  • answering user questions about data held within BioGain.

AI features are intended to assist users and should not replace professional judgement.

Although we continually improve the accuracy of AI-generated information, we cannot guarantee that AI-generated content will always be complete, accurate or appropriate for your particular circumstances.

Users remain responsible for reviewing and verifying AI-generated outputs before relying upon them.

BetterTrack may improve AI features over time by refining prompts, algorithms and system behaviour.

Unless expressly stated otherwise within the BioGain Privacy Policy, customer content is not used to train publicly available AI models.

Where third-party AI providers are used, BetterTrack will only share the minimum information reasonably necessary to provide the requested AI functionality.

13. Mapping and GPS Accuracy

BioGain provides mapping and location-based functionality to improve operational management.

Location information may be obtained from:

  • your mobile device;

  • manually positioned map markers;

  • imported geographic information;

  • image metadata;

  • external mapping services.

GPS accuracy varies depending upon factors including:

  • satellite visibility;

  • weather conditions;

  • surrounding buildings;

  • tree cover;

  • mobile device hardware;

  • operating system;

  • network connectivity.

Accordingly, locations displayed within BioGain should be regarded as approximate unless independently verified.

Users should always confirm precise locations before undertaking operational work, construction activities, ecological surveys or other activities where positional accuracy is important.

BetterTrack is not responsible for losses arising solely from inaccuracies in GPS or third-party mapping services.

14. Professional Advice

BioGain is an operational management platform.

It is not intended to replace professional advice.

Information contained within BioGain, including AI-generated recommendations, reports and analytics, should not be treated as:

  • legal advice;

  • ecological advice;

  • engineering advice;

  • planning advice;

  • surveying advice;

  • arboricultural advice;

  • agricultural advice;

  • health and safety advice.

Where legislation or regulation requires qualified professional assessment, users should obtain appropriate professional advice before making decisions.

Examples include:

  • protected species licensing;

  • statutory ecological surveys;

  • planning applications;

  • environmental impact assessments;

  • health and safety obligations;

  • structural engineering decisions.

BioGain should be viewed as supporting operational management rather than replacing professional expertise.

15. Intellectual Property

BioGain contains valuable intellectual property owned by BetterTrack Ltd and its licensors.

This includes:

  • software;

  • databases;

  • user interface designs;

  • graphics;

  • branding;

  • trademarks;

  • documentation;

  • reports;

  • artificial intelligence systems;

  • workflows;

  • algorithms;

  • source code;

  • object code.

Nothing within these Terms transfers ownership of BioGain intellectual property to any user or Organisation.

You may use BioGain only in accordance with these Terms and your applicable subscription.

You may not:

  • copy substantial parts of the software;

  • reproduce BioGain branding;

  • modify the software;

  • create derivative software;

  • reverse engineer the platform except where expressly permitted by law;

  • use BioGain intellectual property to develop competing products.

Suggestions, comments and feedback provided by users may be used by BetterTrack without restriction to improve BioGain.

Providing feedback does not transfer ownership of BioGain intellectual property to you.

16. Software Licence

Subject to these Terms, BetterTrack grants you a limited, non-exclusive, non-transferable and revocable licence to use BioGain during the period your account remains active.

This licence permits you to use BioGain solely for your own internal personal or organisational purposes.

The licence does not permit you to:

  • sublicense BioGain;

  • sell access to BioGain;

  • rent or lease BioGain;

  • distribute copies of the software;

  • create competing hosted services;

  • remove copyright notices or trademarks.

Any rights not expressly granted remain reserved by BetterTrack.

17. Third-Party Services

BioGain integrates with a number of trusted third-party technology providers in order to deliver functionality.

Depending upon your subscription and device, these services may include:

  • Microsoft Entra ID;

  • Apple Sign In;

  • Google Sign In;

  • Microsoft Azure;

  • MongoDB Atlas;

  • Azure Maps;

  • Google Maps;

  • Apple Push Notification Service;

  • Firebase Cloud Messaging;

  • Stripe;

  • email delivery services;

  • analytics services;

  • artificial intelligence providers.

These third-party providers operate under their own terms and privacy policies.

BetterTrack does not control third-party services and cannot accept responsibility for their operation, availability or security.

Where a third-party service changes or becomes unavailable, BetterTrack may replace or discontinue the associated functionality where reasonably necessary.

18. Apple App Store Terms

Where BioGain is downloaded from Apple’s App Store, the following additional terms apply.

These Terms are concluded solely between you and BetterTrack Ltd and not with Apple Inc.

Apple has no obligation to provide maintenance or support services for BioGain.

Apple is not responsible for:

  • maintenance;

  • customer support;

  • product warranties;

  • product liability claims;

  • claims relating to intellectual property infringement.

If BioGain fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the application where required under Apple’s policies.

To the maximum extent permitted by law, Apple shall have no further warranty obligations.

You agree to comply with all applicable Apple App Store Usage Rules.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the provisions applicable to them.

19. User-Generated Content

BioGain enables users to create, upload, store and share user-generated content ("UGC") as part of managing land, grounds, habitats, gardens and outdoor spaces.

User-generated content may include, but is not limited to:

  • Observations

  • Actions (Tasks)

  • Photographs and Images

  • Comments

  • Chat Messages

  • Maps and Location Information

  • Documents and Attachments

  • Site Information

  • User Profile Information

  • AI-assisted summaries or descriptions created by users

  • Any other content submitted through the BioGain platform

You remain responsible for all content you create, upload or share through BioGain.

By submitting content, you confirm that:

  • you have the necessary rights and permissions to upload and share it;

  • the content does not infringe another person's intellectual property, privacy or other legal rights;

  • the content complies with these Terms of Use, our Community Standards and applicable laws;

  • the content is accurate to the best of your knowledge and is not deliberately misleading or fraudulent.

Unless specifically configured otherwise by your organisation, content within BioGain is intended to be shared only with authorised users of the relevant organisation, site or project. BioGain does not publish your content publicly without appropriate permission.

20. Community Standards & Acceptable Use

BioGain is intended to provide a professional, collaborative environment for managing land, grounds, biodiversity, habitats and outdoor spaces.

All users are expected to behave respectfully and responsibly.

You must not use BioGain to upload, publish or distribute content that:

  • is unlawful or fraudulent;

  • is abusive, threatening, intimidating or harassing;

  • promotes hatred, discrimination or violence;

  • contains defamatory or misleading information;

  • infringes copyright, trademarks or other intellectual property rights;

  • discloses confidential information without permission;

  • contains malware, viruses or other malicious software;

  • promotes illegal activities;

  • contains spam or unsolicited commercial communications;

  • impersonates another individual or organisation;

  • exploits, harms or endangers children;

  • contains sexually explicit material or child sexual abuse material;

  • attempts to interfere with the operation, security or availability of the BioGain platform.

BioGain reserves the right to investigate suspected breaches of these Terms and to take appropriate action where necessary.

21. Content Moderation

To help maintain a safe and professional platform, BioGain operates content moderation processes designed to protect users and organisations.

Moderation measures may include:

  • user reporting of observations, tasks, comments, photographs, chat messages and user profiles;

  • automated profanity and inappropriate language detection;

  • automated screening to help identify potentially inappropriate content;

  • manual review by authorised moderators or administrators;

  • removal or hiding of content that breaches these Terms or our Community Standards;

  • temporary restriction of content or user accounts;

  • suspension or permanent termination of accounts for serious or repeated breaches.

Automated moderation assists our review process but does not replace human judgement where significant decisions are required.

BioGain reserves the right to remove or restrict any content that we reasonably believe breaches these Terms, Community Standards or applicable law.

22. Reporting Content & Users

BioGain provides tools enabling users to report inappropriate content or behaviour.

Users may report:

  • observations;

  • actions (tasks);

  • photographs;

  • comments;

  • chat messages;

  • user profiles.

Reports may include concerns relating to:

  • offensive or abusive language;

  • harassment or bullying;

  • inappropriate images;

  • spam;

  • misleading information;

  • copyright infringement;

  • child safety concerns;

  • illegal content;

  • other behaviour that breaches these Terms or our Community Standards.

Reported content may be investigated and, where appropriate, removed, restricted or referred to the relevant organisation or authorities where required by law.

23. Blocking Users

Where communication features are available, BioGain may allow users to block communications from another user.

Blocking helps prevent unwanted interaction while allowing organisations to retain operational records necessary for managing sites and projects.

Blocking another user does not necessarily remove shared organisational information or prevent administrators from carrying out their responsibilities.

24. Artificial Intelligence

BioGain may provide AI-assisted features to help users summarise observations, classify information, draft descriptions or improve productivity.

AI-generated suggestions are provided for assistance only.

Users remain responsible for reviewing, validating and approving all AI-generated content before relying upon or sharing it.

BioGain does not guarantee that AI-generated content will always be complete, accurate or suitable for a particular purpose.

25. Child Safety

BioGain is designed primarily for adults and organisations managing land, grounds and outdoor spaces. Educational use should be supervised by a responsible adult or organisation.

BioGain has zero tolerance for content or behaviour involving:

  • child exploitation;

  • grooming;

  • child sexual abuse material;

  • bullying or harassment of children;

  • any activity that places children at risk.

Users can report child safety concerns directly within the platform.

BioGain may immediately suspend accounts and report serious child safety concerns to the appropriate authorities where required by law.

26. Suspension & Termination

We may suspend, restrict or permanently terminate access to BioGain where we reasonably believe a user has:

  • breached these Terms of Use or our Community Standards;

  • repeatedly uploaded inappropriate or prohibited content;

  • engaged in harassment, abuse or threatening behaviour;

  • attempted to compromise the security of the platform;

  • misused reporting or moderation features;

  • created multiple accounts to evade enforcement;

  • engaged in unlawful or fraudulent activity.

Where appropriate, we may remove offending content before or instead of suspending an account.

27. Appeals

If you believe content has been incorrectly removed or your account has been suspended in error, you may contact BioGain Support to request a review.

We will consider appeals fairly and in good faith. However, BioGain reserves the right to make the final decision regarding enforcement of these Terms and our Community Standards.

28. Relationship to Other Policies

These Terms of Use should be read together with our:

Together, these documents explain how BioGain operates, how personal information is protected, how user-generated content is moderated and how users can report concerns or request assistance.

29. Privacy and Data Protection

Protecting user information is fundamental to BioGain.

Our collection, use and protection of personal information is explained in the BioGain Privacy Policy.

The Privacy Policy forms part of these Terms and should be read alongside them.

By using BioGain you acknowledge that your personal information will be processed in accordance with the Privacy Policy.

Where an Organisation uses BioGain, BetterTrack may act as either:

  • Data Controller; or

  • Data Processor,

depending upon the particular processing activity being undertaken.

Organisations remain responsible for ensuring that they collect and use information lawfully.

30. Fees and Subscriptions

Certain BioGain services require payment.

Subscription plans may include:

  • Free;

  • Trial;

  • Individual;

  • Team;

  • Organisation;

  • Enterprise.

Subscription fees are payable in advance unless agreed otherwise in writing.

Subscriptions automatically renew unless cancelled before the renewal date.

We may change subscription prices from time to time.

Where prices increase, we will provide reasonable advance notice before the new pricing takes effect.

Applicable taxes, including VAT or sales taxes, may be charged where required by law.

Failure to pay subscription fees may result in suspension or termination of access.

31. Free Trials

BioGain may offer free trials to allow users to evaluate the platform.

Unless otherwise stated:

  • trials are temporary;

  • features may be limited;

  • support may be limited;

  • trial data may be deleted after expiry.

Users should export any important information before a trial expires.

BetterTrack may modify or withdraw trial programmes at any time.

32. Beta Features

From time to time BetterTrack may release functionality labelled:

  • Beta;

  • Preview;

  • Early Access;

  • Experimental.

These features are provided to gather user feedback and improve future releases.

Beta features:

  • may change significantly;

  • may be incomplete;

  • may not perform as expected;

  • may contain defects;

  • may be withdrawn without notice.

Users should avoid relying upon Beta functionality for critical operational activities unless they are satisfied that it is suitable for their intended use.

Feedback provided during Beta programmes helps us improve BioGain and may be incorporated into future releases without compensation.

33. Customer Support

BetterTrack is committed to providing a reliable and responsive service to BioGain users.

Support may be provided through:

  • email;

  • online documentation;

  • knowledge base articles;

  • in-application guidance;

  • user training;

  • webinars;

  • demonstrations.

The level of support available may depend upon your subscription plan.

Whilst we aim to respond promptly to support enquiries, we do not guarantee response or resolution times unless these form part of a separate written service agreement.

Support requests should be sent to: support@bettertrack.org or use this page to send a request.

34. Service Availability

We aim to make BioGain available twenty-four (24) hours a day, seven (7) days a week.

However, no online service can guarantee uninterrupted availability.

BioGain may occasionally be unavailable due to:

  • planned maintenance;

  • emergency maintenance;

  • software updates;

  • internet outages;

  • cloud infrastructure failures;

  • telecommunications issues;

  • cyber security incidents;

  • events beyond our reasonable control.

Where reasonably practical we will provide advance notice of planned maintenance.

We continually monitor and improve the resilience, performance and reliability of the BioGain platform.

35. Security

Protecting customer information is fundamental to BioGain.

We implement administrative, technical and organisational measures designed to protect the confidentiality, integrity and availability of information stored within BioGain.

These measures may include:

  • encryption in transit;

  • encryption at rest;

  • role-based access control;

  • secure authentication;

  • audit logging;

  • vulnerability management;

  • software updates;

  • malware protection;

  • disaster recovery procedures;

  • secure backups.

No internet-connected system can be guaranteed completely secure.

Users also play an important role in protecting BioGain.

You agree to:

  • use strong passwords;

  • enable multi-factor authentication where available;

  • keep your devices secure;

  • install operating system updates;

  • report suspected security incidents promptly.

36. Communications

By creating a BioGain account you agree that BetterTrack may send communications relating to your use of BioGain.

These communications may include:

  • account notifications;

  • security alerts;

  • password resets;

  • subscription information;

  • billing notices;

  • service announcements;

  • planned maintenance notices;

  • important legal updates.

These communications form part of providing the BioGain service and cannot always be opted out of while your account remains active.

Where you have provided consent, we may also send:

  • newsletters;

  • product updates;

  • educational material;

  • event invitations;

  • marketing communications.

Marketing communications may be withdrawn at any time using the unsubscribe facility or by contacting BetterTrack.

37. Suspension of Services

We may temporarily suspend access to BioGain where reasonably necessary to:

  • protect the security of BioGain;

  • investigate suspected misuse;

  • prevent unlawful activity;

  • comply with legal obligations;

  • respond to court orders;

  • protect other users;

  • prevent material damage to the platform.

Where practical we will notify affected users before suspension.

In urgent circumstances immediate suspension may be necessary without prior notice.

We will restore access as soon as reasonably possible once the underlying issue has been resolved.

38. Account Closure and Termination

You may stop using BioGain at any time.

Organisation Administrators may remove users from their Organisation.

You may request deletion of your BioGain account using the application or by contacting BetterTrack.

Where an Organisation removes your access, historical records that you created may remain within that Organisation to preserve operational history, audit records and project continuity.

This helps maintain an accurate record of activities undertaken on behalf of the Organisation.

BetterTrack may terminate or suspend accounts where:

  • these Terms are materially breached;

  • payment obligations are not met;

  • fraudulent activity is suspected;

  • required by law;

  • continued access presents an unacceptable security risk.

Termination does not affect any rights or obligations accrued before termination.

39. Export of Data

We believe customers should remain in control of their information.

Subject to subscription level and technical limitations, BioGain may provide facilities to export customer information including:

  • observations;

  • tasks;

  • projects;

  • reports;

  • images;

  • mapped data.

Export formats may change as BioGain evolves.

BetterTrack is not responsible for maintaining compatibility with third-party software used after export.

40. Confidentiality

Both BetterTrack and BioGain users may receive confidential information during the course of using the Services.

Examples include:

  • commercial information;

  • pricing;

  • project information;

  • ecological records;

  • maintenance plans;

  • customer lists;

  • technical information.

Each party agrees to:

  • protect confidential information;

  • use confidential information only for its intended purpose;

  • disclose confidential information only where authorised or legally required.

This obligation continues after termination of these Terms.

41. Warranties

BetterTrack warrants that BioGain has been developed using reasonable skill and care consistent with modern software development practices.

Except as expressly stated in these Terms, BioGain is provided on an “as available” and “as is” basis.

To the fullest extent permitted by law we exclude all implied warranties including warranties relating to:

  • merchantability;

  • fitness for a particular purpose;

  • uninterrupted operation;

  • non-infringement.

Nothing within these Terms limits statutory rights that cannot legally be excluded.

42. Disclaimer

BioGain is designed to support operational management.

Although we strive to provide reliable software, BetterTrack does not guarantee that:

  • BioGain will always operate without interruption;

  • information entered by users will be accurate;

  • AI-generated outputs will always be correct;

  • maps or GPS locations will always be precise;

  • every feature will be available on every device.

Users remain responsible for reviewing information before relying upon it.

43. Limitation of Liability

Nothing in these Terms excludes or limits liability where such exclusion is prohibited by law.

Subject to that limitation:

BetterTrack shall not be liable for:

  • indirect losses;

  • consequential losses;

  • loss of profits;

  • loss of revenue;

  • loss of opportunity;

  • business interruption;

  • loss of goodwill;

  • loss resulting from inaccurate information entered by users;

  • failures caused by third-party services beyond our reasonable control.

To the fullest extent permitted by law, BetterTrack’s total aggregate liability arising from the use of BioGain shall not exceed the greater of:

  • the subscription fees paid by the relevant customer during the previous twelve months; or

  • £1,000.

This limitation reflects the allocation of commercial risk between the parties.

44. Indemnity

You agree to indemnify BetterTrack against reasonable losses, liabilities and costs arising directly from:

  • your breach of these Terms;

  • unlawful use of BioGain;

  • infringement of another person’s intellectual property rights;

  • content uploaded by you in breach of applicable law.

This indemnity applies only to the extent permitted by applicable law.

45. Export Controls and Sanctions

You agree not to use BioGain in violation of applicable export control laws, sanctions or trade restrictions.

You confirm that you are not prohibited from using the Services under applicable laws.

BetterTrack may suspend access where required to comply with international sanctions or export regulations.

46. Force Majeure

Neither party shall be liable for delays or failures resulting from events beyond their reasonable control.

Examples include:

  • natural disasters;

  • flooding;

  • fire;

  • war;

  • terrorism;

  • industrial disputes;

  • epidemics;

  • pandemics;

  • widespread internet outages;

  • failures of cloud infrastructure providers;

  • government action.

Each party will use reasonable efforts to minimise the effects of such events.

47. Changes to BioGain

BioGain is continually evolving.

We may:

  • improve features;

  • remove obsolete functionality;

  • introduce new capabilities;

  • change the appearance of the platform;

  • modify subscription plans.

Where changes materially affect these Terms we will provide reasonable notice before the revised Terms become effective.

Continued use of BioGain after the effective date constitutes acceptance of the updated Terms.

48. Governing Law

These Terms are governed by the laws of England and Wales.

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless mandatory consumer protection legislation provides otherwise.

49. General Legal Provisions

Entire Agreement

These Terms, together with the BioGain Privacy Policy and any written subscription agreement, constitute the entire agreement between the parties relating to BioGain.

Severability

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

Assignment

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

BetterTrack may assign these Terms in connection with a merger, acquisition, business restructuring or sale of assets.

No Waiver

Failure by BetterTrack to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Relationship of the Parties

Nothing within these Terms creates a partnership, joint venture, agency or employment relationship between you and BetterTrack.

Electronic Communications

You agree that electronic communications, notices and agreements satisfy any legal requirement for communications to be in writing.

50. Contact Information

If you have questions regarding these Terms or BioGain, please contact:

BetterTrack Ltd, 1 St Johns Court, Brookwood, Woking, Surrey, GU24 0AJ, United Kingdom

Email: info@biogain.ai

Support: support@biogain.ai

Website: www.biogain.ai

Version History

v1.0 1 August 2025 Initial BioGain Terms of Use.

v2.0 9 July 2026 Complete rewrite aligned with UK GDPR, UK Consumer Rights Act, modern SaaS practice, Apple App Store Review Guidelines, Google Play policies, AI functionality and enterprise customer requirements.

v2.1 August 2926 Updated the Terms of Use to reflect the latest BioGain platform features and governance, including expanded provisions for user-generated content, community standards, acceptable use, content moderation, reporting and blocking users, AI-assisted features, child safety, account suspension and appeals. The update also clarifies user responsibilities, operational data handling and the relationship between the Terms of Use, Privacy Policy, Community Standards, Account Deletion Policy and Support documentation, improving transparency and aligning with current Apple App Store, Google Play and applicable data protection requirements.

Email: info@mysite.com

Tel: 123-456-7890

© 2025 BetterTrack Ltd

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