Terms of Service & User Agreement | Gomen Biometrics
1. Binding Agreement & Acceptance of Terms
This User Agreement and Terms of Service govern your relationship with Gomen Biometrics (operating across https://gomen.my). Please review these terms carefully prior to utilizing our computational software. Your continued use of this website confirms your unreserved acceptance of all terms, conditions, and regulatory notices contained herein.
By browsing, calculating with, viewing, or interacting with https://gomen.my, you unequivocally represent and warrant that you are at least eighteen (18) years of age, or possess legal parental or guardian consent where permitted, and possess the full legal power, capacity, and authority to enter into these Terms of Service. If you do not accept all terms without reservation, you must discontinue your use of this platform immediately.
These Terms apply to all visitors, users, and others who access or use the platform. Your access to and use of our calculation tools is conditioned on your acceptance of and compliance with these Terms.
2. Permitted Educational License & Intellectual Property Rights
All software code, user interface designs, mathematical algorithms, textual explanations, educational articles, graphics, icons, charts, stylesheets, and branding deployed across https://gomen.my are the proprietary intellectual property of Gomen Biometrics or its licensors, protected under national copyright, trademark, trade secret, and international intellectual property treaties.
You are granted a limited, revocable, non-exclusive, non-transferable, personal license to access and use our calculation tools for non-commercial educational, informational, and personal fitness modeling purposes. You may not, without our prior written authorization: (a) scrape, harvest, or extract data via automated bots, spiders, or scripts; (b) reverse engineer, decompile, or disassemble our client-side software algorithms; (c) mirror or frame our tools within another digital application; or (d) repackage, redistribute, or commercially exploit our proprietary content.
3. Voluntary Assumption of Physical Risk & Complete Indemnification
You explicitly acknowledge that attempting to modify body mass, executing caloric deficits, implementing intermittent fasting routines, or performing cardiovascular exercise based on algorithmic projections involves inherent physical and biological risks. You agree that you voluntarily, knowingly, and freely assume all risks—both known and unknown—associated with any physical or dietary actions you undertake.
You agree to defend, indemnify, and hold harmless Gomen Biometrics, its founders, officers, developers, affiliates, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of or reliance on our calculation tools; (b) your violation of any provision of these Terms; or (c) any physical injury, medical complication, or metabolic condition resulting from exercise or dietary adjustments made following your interaction with https://gomen.my.
4. Prohibited Conduct, Automated Scraping & Network Security
While using Gomen Biometrics, you agree to abide by all applicable local, state, national, and international laws and regulations. You specifically agree not to engage in any of the following prohibited activities:
- Using automated scripts, web crawlers, scrapers, or extraction tools to harvest mathematical algorithms, educational manuscripts, or site assets without express written consent;
- Attempting to interfere with, compromise the system integrity of, or decipher any transmissions to or from the servers hosting
https://gomen.my; - Uploading invalid data, viruses, worms, or other malicious software agents through our interactive forms or contact gateways;
- Attempting to bypass security mechanisms, content delivery networks, or rate-limiting protocols deployed across our domain;
- Framing, mirroring, or deep-linking our calculation instruments within commercial applications designed to misrepresent the origin of our proprietary code.
5. Disclaimer of Warranties & 'As-Is' Operational Baseline
THE SERVICES, CALCULATORS, ARTICLES, CHARTS, AND CONTENT HOSTED AT https://gomen.my ARE PROVIDED STRICTLY ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Gomen Biometrics EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR HEALTH OR ATHLETIC PURPOSE, ACCURACY OF CALCULATIONS, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR PLATFORM WILL BE UNINTERRUPTED, SECURE, DEFECT-FREE, OR FREE OF VIRUSES OR HARMFUL SCRIPTS. YOU ACKNOWLEDGE THAT ALL BIOMETRIC CALCULATIONS ARE STATISTICAL ESTIMATES SUBJECT TO ERROR MARGINS AND BIOLOGICAL DIVERSITY.
6. Strict Limitation of Monetary & Consequential Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Gomen Biometrics OR ITS OPERATORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE TOOLS AND MATERIALS ON https://gomen.my, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (IF ANY) TO ACCESS OUR WEBSITE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY UNITED STATES DOLLARS ($50.00 USD), WHICHEVER IS LESS.
7. Binding Dispute Resolution & Class Action Waiver
You agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved through confidential, binding individual arbitration rather than in court. You explicitly waive any right to participate in a class-action lawsuit, class-wide arbitration, or private attorney general proceeding against Gomen Biometrics.
Arbitration proceedings shall be conducted under the commercial arbitration rules of the applicable arbitration association in the State of Delaware. Each party shall bear its own legal fees and expenses, and the arbitrator's ruling shall be final and enforceable in any court of competent jurisdiction.
8. Governing Law, Judicial Venue, & Severability
These Terms of Service and any dispute, controversy, or claim arising out of or related to your use of https://gomen.my shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law. You unequivocally agree that any legal action or proceeding arising under this Agreement shall be brought exclusively before the Courts of New Castle County, Delaware, USA.
If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. For formal legal notices or correspondence, please email our legal department at contact@gomen.my.
9. Binding Individual Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. You and Gomen Biometrics agree that any dispute, claim, or controversy arising out of or relating to these Terms, or your access to or use of our website, shall be resolved through final, confidential, and binding individual arbitration administered by an established arbitration provider in the State of Delaware, rather than in a court of law.
YOU AND Gomen Biometrics EXPLICITLY WAIVE ANY RIGHT TO TRIAL BY JURY, AND AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
10. Entire Agreement, Severability & Statutory Non-Waiver
These Terms of Service, together with our Medical Disclaimer and Privacy Policy, constitute the entire, integrated legal agreement between you and Gomen Biometrics concerning your use of https://gomen.my, superseding all prior oral or written communications, representations, or agreements.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by an arbitrator or court of competent jurisdiction, such provision shall be severed and shall not affect the validity and enforceability of any remaining provisions. The failure of Gomen Biometrics to enforce any right or provision shall not constitute a waiver of such right or provision in any future instance. Direct all legal notices to contact@gomen.my.