Terms of Service

Last Updated: October 6, 2026

1. Introduction and acceptance

These Terms of Service (the “Terms”) govern your access to and use of the products, websites (including biofusion.co), platform, and related services (the “Services”) provided by Biofusion Tech LLC (“Biofusion,” “we,” “us,” or “our”). Biofusion distributes healthcare products and provides technology to clinics and other healthcare organizations.

In these Terms, “you” means the clinic, practice, or other business that registers for or uses the Services, together with its affiliates and the individuals who use the Services on its behalf.

By creating an account, placing an order, or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

2. Accounts

Business use only. The Services are provided for business purposes only, not for personal, household, or family use. You must be at least 18 years old to open an account.

Registration. To use the Services, you must register for an account (“Account”) and provide your full legal name, business name, business address, phone number, a valid email address, and any other information we request. We may decline or cancel an Account at our discretion, subject to these Terms.

Account Owner. The business on whose behalf the Account is opened is the “Account Owner” and the contracting party under these Terms. If you register on behalf of a clinic or employer, you must use a business email address, and you confirm that you have authority to bind that business to these Terms.

Staff Accounts. The Account Owner may create accounts for its staff (“Staff Accounts”). Each Staff Account must use the user’s full legal name and a valid email address. The Account Owner is responsible for ensuring that its staff, agents, and contractors comply with these Terms, and for any breach by them.

Communications. We will use the email address on your Account as our primary way to contact you (“Primary Email Address”). You must keep it current and monitor it.

Security. You are responsible for keeping your login credentials secure and for all activity under your Account. Notify us immediately at admin@biofusion.co if you suspect unauthorized access.

3. Use of the platform

Access. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use our platform and technology during the term of your Account, solely for your internal business operations.

Changes to the Services. We may add, modify, or discontinue features of the Services at any time. Not all features are available to all customers. If we discontinue a feature that materially affects your use of the Services, we will try to give you reasonable advance notice.

Acceptable use. You agree not to:

• use the Services for any illegal or unauthorized purpose, or in violation of any law that applies to you or your patients;
• copy, resell, sublicense, or commercially exploit the Services, except as these Terms allow;
• reverse engineer, decompile, or try to access the source code of the Services, except where the law allows it;
• interfere with or disrupt the Services, or try to gain unauthorized access to any part of them;
• upload viruses or other harmful code; or
• use the Services to send unsolicited communications.

Conduct. Abusive or threatening behavior toward Biofusion staff may result in suspension or termination of your Account.

No exclusivity. We may provide the Services to your competitors, and nothing in these Terms gives you exclusive rights.

4. HIPAA, patient data, and privacy

Business associate agreement. If you are a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and you share protected health information (“PHI”) with Biofusion through the Services, Biofusion acts as your “business associate.” You and Biofusion must sign a business associate agreement (“BAA”) before you share any PHI with us. The BAA governs how we use, protect, and disclose PHI. If the BAA conflicts with these Terms or our Privacy Policy regarding PHI, the BAA controls.

Use of PHI. We use PHI only to provide the Services to you and as permitted by the BAA and applicable law. We do not sell PHI or use it for marketing or advertising.

Your responsibilities. You are responsible for obtaining any notices, consents, or authorizations from your patients that the law requires for you to share their information with us. Do not share PHI with us before a BAA is in place.

Other information. Our Privacy Policy describes how we handle personal information that is not PHI, such as account and contact information for your staff.

Your data on termination. When your Account ends, we will return or destroy PHI as the BAA requires. For other data you uploaded to the Services, you may request an export within 30 days after termination. After that period, we may delete it, except where we are legally required to keep it.

5. Your responsibilities and medical disclaimer

Not a healthcare provider. Biofusion is a product distributor and technology provider. We do not practice medicine or provide medical advice, diagnosis, or treatment. Any information we provide about products is for general informational purposes and is not a substitute for professional clinical judgment.

Clinical decisions. You and your licensed professionals are solely responsible for all clinical decisions, including whether a product is appropriate for a patient, and for its proper storage, handling, prescribing, administration, and use.

Compliance. You are responsible for complying with all laws, regulations, and licensing requirements that apply to your practice and your use of the Services and products, including those relating to licensure, prescribing, patient privacy, and advertising.

6. Text messages (SMS)

Program description. Biofusion sends text messages to clinic staff who opt in. Messages may include order and shipping updates, delivery confirmations, account and billing notices, security codes, and responses to support requests. We send marketing messages only to staff who separately opt in to them.

Consent. You consent to receive the type of text messages you select by entering your phone number and checking the applicable opt-in box, which is never pre-checked. Marketing consent is separate and is not required to use the Services. We keep records of each opt-in, including the date, time, and source.

Frequency and rates. Message frequency varies based on your account activity. Message and data rates may apply.

Opt out and help. Reply STOP to any message to opt out, and you will receive one confirmation message. Reply HELP for help, or contact admin@biofusion.co.

Carriers. Mobile carriers are not liable for delayed or undelivered messages.

No sharing of SMS data. We do not sell or share your phone number or SMS consent information with third parties for their marketing purposes.

7. Intellectual property

Our property. Biofusion and its licensors own all rights in the Services, including our software, platform, website, content, and trademarks. Except for the limited rights expressly granted in these Terms, you receive no rights to them.

Your content. “Your Content” means any information, files, or materials you or your staff submit to the Services. You keep ownership of Your Content. You grant Biofusion a limited, non-exclusive, royalty-free license to host, store, copy, process, and display Your Content only as needed to provide, secure, and support the Services, and as permitted by any BAA. PHI is handled only as the BAA allows.

Your name and logo. You allow us to identify you as a customer, using your business name and logo, in our customer lists and marketing materials. You may withdraw this permission at any time by emailing admin@biofusion.co.

Feedback. If you send us ideas, suggestions, or reviews about the Services (“Feedback”), we may use it freely without any obligation to you. Feedback does not include Your Content or PHI.

Copyright complaints. If you believe content on the Services infringes your copyright, please send a notice to admin@biofusion.co, Attn: Copyright Agent. We may remove or disable access to the content in response.

8. Confidentiality

“Confidential Information” means non-public information that one party shares with the other and that a reasonable person would understand to be confidential, such as business plans, pricing, customer lists, technical information, and financial information. It does not include information that is or becomes public through no fault of the receiving party, was already known to it, or is independently developed or lawfully received from a third party.

Each party will use the other’s Confidential Information only to perform under these Terms, and will take reasonable steps to protect it from unauthorized use or disclosure. A party may disclose Confidential Information when required by law, after giving the other party notice where legally permitted. PHI is protected under the BAA.

9. Disclaimers

Except as expressly stated in these Terms, the Services and products are provided “as is” and “as available.” To the fullest extent permitted by law, Biofusion disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free. Any manufacturer warranty for a product is provided by the manufacturer, not by Biofusion, and we will pass it through to you where we can.

10. Limitation of liability

To the fullest extent permitted by law:

1. Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility of such damages.
2. Biofusion’s total liability arising out of or relating to these Terms or the Services will not exceed the total amount you paid to Biofusion in the 12 months before the event giving rise to the claim.

These limits do not apply to a party’s fraud, gross negligence, or willful misconduct, to your payment obligations, or to your indemnification obligations, or where the law does not allow them.

11. Indemnification

You will defend, indemnify, and hold harmless Biofusion and its affiliates, officers, employees, agents, and suppliers from any third-party claim, including reasonable attorneys’ fees, arising out of (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) your clinical decisions or your use, prescribing, or administration of products; or (d) Your Content.

12. Term and termination

Term. These Terms begin when you register for an Account or first use the Services, and continue until terminated.

Termination by you. You may close your Account at any time by emailing admin@biofusion.co. Orders already accepted will still be fulfilled and paid for.

Termination by us. We may suspend or terminate your Account (a) on 30 days’ notice for any reason; or (b) immediately if you breach these Terms, fail to pay, engage in suspected fraud or illegal activity, or no longer meet licensing requirements for products you order.

Effect of termination. On termination, your right to use the Services ends, and Section 5 governs your data. Sections that by their nature should survive will survive, including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law.

13. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Wyoming, and each party consents to the jurisdiction of those courts. Before filing a claim, each party agrees to try in good faith to resolve the dispute informally for at least 30 days after written notice.

14. Changes to these Terms

We may update these Terms from time to time. For changes that materially and adversely affect your rights, we will give you at least 30 days’ notice by email to your Primary Email Address. Other changes take effect when posted with an updated “Last Updated” date. Your continued use of the Services after changes take effect means you accept them. If you do not agree, you must stop using the Services.

15. General

Entire agreement. These Terms, together with our Privacy Policy and any BAA between us, are the entire agreement between you and Biofusion about the Services, and replace any prior agreements on that subject.

Order of priority. For PHI, the BAA controls. For everything else, these Terms control over any conflicting terms in a purchase order or other document you send us.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of all or part of our business.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, carrier or supply chain disruptions, government actions, or internet outages. This does not excuse payment obligations.

Notices. We will send notices to your Primary Email Address. You must send legal notices to us by email at admin@biofusion.co, with a copy by mail to the address below.

Severability and waiver. If any provision is found unenforceable, it will be interpreted to best achieve its original purpose, and the rest of these Terms remain in effect. Our failure to enforce a provision is not a waiver of it.

Independent parties. You and Biofusion are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.

16. Contact us

Biofusion Tech LLC
5830 East 2nd Street
Casper, WY 82609
Email: admin@biofusion.co