Last Updated: April 1, 2025
Effective Date: April 1, 2025
1. Definitions and Interpretation
1.1 Definitions
- App means the Testosterone.tools software platform and all related services
- Company means Testosterone.tools, its successors, and assigns
- User means any individual accessing or using the App
- Controlled Substances means substances regulated under the Controlled Substances Act or equivalent state/international laws
- Health Data means all medical, biometric, and health-related information entered by User
- PHI means Protected Health Information as defined under HIPAA
- Professional Medical Advice means guidance from licensed healthcare providers within their scope of practice
- Terms means these Terms of Service as may be amended from time to time
- Provider means User whose roles is management or who oversees patients and uses the app to view data that other Users have voluntarily entered.
- Protocol means any regimented schedule of pharmaceutical, compound or nutritional supplement that the user voluntarily enters and purports to be taking for the intent of evaluating that protocol against future self entered bloodwork and symptom logging.
1.2 Interpretation
These Terms shall be interpreted according to their plain meaning. Headings are for convenience only. References to "including" or "such as" are illustrative and not limiting.
For the avoidance of doubt, Testosterone.tools is not a Covered Entity under HIPAA and does not create or receive PHI except in rare cases where a healthcare provider engages the platform under a separate agreement.
2. Acceptance and Modifications
2.1 Binding Agreement
By accessing the App, User represents that User is: (a) at least 18 years of age; (b) legally competent to enter contracts; (c) not prohibited from using the App under applicable law; and (d) accessing the App for lawful purposes only.
2.2 Modifications
Company reserves the right to modify these Terms at any time. Material changes will be communicated via email to User's registered address and prominent in-app notice 30 days prior to effectiveness. Continued use after the effective date constitutes acceptance. If User disagrees with modifications, User's sole remedy is to discontinue use and request account deletion. Users are responsible for reviewing the Terms periodically.
3. Service Description and Limitations
3.1 Service Overview
The App provides data management tools for personal health metrics, fitness tracking, and physician-directed treatment plan (Protocol) documentation. THE APP IS STRICTLY A DATA MANAGEMENT TOOL AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT RECOMMENDATIONS, TELEHEALTH SERVICES, OR HEALTHCARE SERVICES.
3.1.1 Specific Functionality
Testosterone.tools allows Users to:
- Input and track blood work data, symptoms, wellness metrics (on a 1-5 scale), and physician-directed medication or compound Protocols (including dosage and frequency)
- Create, manage, and log fitness plans, including exercises, workout logs, and body measurements
- Analyze data to gain insights into health, fitness, wellness, and Protocol outcomes using general mathematical algorithms and generally agreed upon conventions.
All data is User-entered, and the Company does not verify its accuracy or authenticity. Use of the App does not substitute for licensed professional care and should not delay seeking medical attention.
3.2 No Medical Practice or Telehealth Services
Company does not practice medicine, pharmacy, or provide healthcare services. The App does not facilitate telehealth services, including remote consultations, prescriptions, or medical supervision. No doctor-patient, pharmacist-patient, or healthcare provider relationship is created through App use.
3.3 Algorithm Limitations
All calculations, predictions, and analyses are based solely on user-entered data and general mathematical/statistical models. Results may be inaccurate and should never replace professional medical judgment.
Analyses, predictions, and insights generated by any AI or algorithmic tools within the App are provided for informational purposes only and are not intended for medical decision-making.
3.4 Third Party Engagement
In the future, Users may choose to engage with third-party healthcare providers through the App. Such engagements are governed by separate agreements between the User and Provider, and Company shall not be liable for any interactions, data exchange, or outcomes arising therefrom.
Should the App offer messaging or record-sharing functionality between Users and Providers, such tools are solely a conduit and shall not constitute endorsement, clinical validation, or medical supervision by the Company.
4. Regulatory Compliance and Prohibited Uses
4.1 Healthcare Regulatory Compliance
The Company complies with applicable healthcare regulations including:
- Health Insurance Portability and Accountability Act (HIPAA) for the protection of Protected Health Information (PHI)
- FDA regulations regarding medical software and devices
- DEA regulations for controlled substance tracking and monitoring
- State pharmacy board regulations and telehealth laws
All third-party service providers handling PHI are bound by Business Associate Agreements ensuring equivalent safeguards. The app is not a covered entity under HIPAA.
4.2 Controlled Substances Compliance
Users acknowledge that testosterone and related substances may be controlled substances requiring prescriptions. User represents that any substances tracked in the App are: (a) legally prescribed by licensed physicians; (b) obtained through licensed pharmacies; and (c) used in compliance with all federal, state, and local laws, including the Ryan Haight Online Pharmacy Consumer Protection Act.
4.3 Prohibited Activities
User shall not use the App to:
- Track illegal substance use or unauthorized controlled substances
- Share or promote illegal drug use or distribution
- Circumvent prescription requirements or medical supervision
- Provide medical advice to third parties
- Reverse engineer, decompile, or create derivative works
- Violate any applicable laws or regulations
- Share PHI with unauthorized parties
4.4 Geographic Restrictions
The App may not be available or legal in all jurisdictions. User is responsible for compliance with local laws, including state-specific telehealth and pharmacy regulations.
5. Data Provisions and Privacy
5.1 Data Accuracy Responsibility
User is solely responsible for data accuracy. False or misleading health data could result in dangerous analytical outputs. Company disclaims all liability for decisions based on inaccurate user data.
5.2 Limited Data License
User grants Company a non-exclusive, revocable license to process User's data solely for: (a) providing App functionality; (b) improving user experience; (c) anonymized research and development. This license terminates upon account deletion, except for permanently anonymized data that cannot be re-identified using current technology and resources.
5.3 International Data Protection Compliance
For Users in the European Union, United Kingdom, Canada, Australia, or other jurisdictions with applicable data protection laws, the Company complies with the General Data Protection Regulation (GDPR), UK GDPR, PIPEDA, Privacy Act 1988, and equivalent frameworks. See the Privacy Policy for details on data subject rights and international transfer mechanisms.
6. Comprehensive Liability Limitations
6.1 Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
6.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF: (A) $100; OR (B) AMOUNTS PAID BY USER IN THE 12 MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES INDIVIDUALLY TO EACH CLAIM AND CUMULATIVELY ACROSS ALL CLAIMS
6.3 Excluded Damages
IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR HEALTH CONSEQUENCES.
6.4 Medical Consequence Disclaimer
COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR ANY HEALTH CONSEQUENCES, ADVERSE REACTIONS, MEDICAL EMERGENCIES, OR TREATMENT DECISIONS ARISING FROM APP USE.
7. User Indemnification
7.1 Comprehensive Indemnification
User agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) User's use of the App; (b) violation of these Terms; (c) violation of applicable laws; (d) User's health data or decisions based thereon; (e) any third-party claims related to User's App use; (f) User's unauthorized sharing of PHI or data; (g) User's provision of false or misleading health data; (h) User's failure to comply with applicable healthcare or controlled substances regulations; (i) breach of representations or warranties contained in these Terms.
8. Dispute Resolution
8.1 Mandatory Arbitration
Any dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Rules. Any arbitration shall take place in Delaware, unless otherwise mutually agreed by the parties. The arbitration shall be conducted in English by a single arbitrator experienced in technology disputes and administered by the American Arbitration Association under its Commercial Arbitration Rules
8.2 Exceptions to Arbitration
The following disputes are exempt from arbitration: (a) intellectual property disputes; (b) small claims court matters within jurisdictional limits; (c) injunctive relief requests; (d) regulatory compliance matters.
8.3 Class Action Waiver
Users waive the right to participate in class actions, collective actions, or representative proceedings.
8.4 Severability
If any arbitration provision is deemed unenforceable, disputes shall be resolved in courts of competent jurisdiction in the United States of America, and the User consents to personal jurisdiction.
9. Account Management
9.1 Account Security
Users are responsible for maintaining account confidentiality and all activities under the User's account. Immediately notify us of unauthorized access.
9.2 Termination Rights and Process
We may suspend or terminate accounts for: (a) Terms violations; (b) illegal activity; (c) extended inactivity (1 year); (d) non-payment. Upon account termination, User may request a review of the decision by contacting support@testosterone.tools within 14 days. The Company's determination, following review is final. Termination does not relieve payment obligations for services already provided.
10. Intellectual Property
10.1 Company IP
All App content, algorithms, and functionality are Company's proprietary property protected by intellectual property laws.
10.2 User Data Ownership
The User retains ownership of user-entered data, subject to the limited license granted herein.
10.3 Feedback
If User provides feedback, suggestions, or improvements, Company has an unrestricted right to use them.
11. Miscellaneous Provisions
11.1 Governing Law
These Terms are governed by the laws of the United States of America and the state of Delaware, excluding conflict of law principles.
11.2 Entire Agreement
These Terms, Privacy Policy, and Medical Disclaimer constitute the complete agreement between parties.
11.3 Severability
Invalid provisions shall be severed without affecting remaining Terms' enforceability.
11.4 Force Majeure
Company is not liable for performance delays due to circumstances beyond reasonable control.
11.5 Contact Information
Questions regarding these Terms: support@testosterone.tools