1. About These Terms
These Terms of Service ("Terms") are a legal agreement between you ("you", "your", "Client") and CYORA Pty Ltd (ABN 59 649 153 935), a company incorporated in Australia and based on the Gold Coast, Queensland ("CYORA", "we", "us", "our").
These Terms govern your access to and use of:
- the CYORA website and any CYORA landing pages (together, the "Website");
- the CYORA App client portal at app.cyora.com.au (the "App");
- the CYORA lab, diagnostic and analysis report surfaces (the "Reports");
- wearable device integrations you choose to connect (the "Integrations"); and
- the CYORA Peak Performance Protocol program and related advisory, coaching and diagnostic services (the "Services").
Together, the Website, App, Reports, Integrations and Services are referred to as the "Platform".
By accessing the Website, creating an account, purchasing a program, or otherwise using any part of the Platform, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy at cyora.com.au/privacy, which forms part of these Terms. If you do not agree, you must not use the Platform.
Where you have also signed a separate Client Services Agreement, Terms of Engagement or program agreement with CYORA (an "Engagement Agreement"), that agreement governs the specific commercial terms of your program. If there is any inconsistency, the Engagement Agreement prevails over these Terms to the extent of the inconsistency in relation to your program.
2. Who We Are
CYORA is an Australian precision health and longevity advisory practice. Our team includes health practitioners registered with the Australian Health Practitioner Regulation Agency (AHPRA) and other qualified professionals, including:
- Dr Daniel Kirkbride (Osteopath, AHPRA registration OST0002224719), Doctor of Osteopathic Medicine, Functional Medicine Practitioner and Longevity Coach;
- Hannah King, Accredited Practising Dietitian (APD050601); and
- an exercise physiologist.
Where the courtesy title "Dr" is used in connection with Dr Daniel Kirkbride, his registered profession is Osteopath. He is not a registered medical practitioner (medical doctor). References to "Dr Daniel Kirkbride (Osteopath)" reflect his protected AHPRA registration.
3. Nature of the Services (Important)
The Services are a health, wellness and longevity advisory and coaching program delivered as a process. They include diagnostics, education, analysis, phase-based protocols and coaching support.
The Services are provided on an informational and advisory basis to support your health and performance goals. They are not a substitute for, and do not replace, your relationship with your general practitioner (GP), specialist or other treating medical practitioner.
Nothing on the Platform, and nothing in your use of the Services, creates a doctor-patient relationship in the sense of primary, emergency or acute medical care. CYORA does not provide primary medical care, emergency care, or ongoing management of acute or serious medical conditions. You remain responsible for maintaining your own relationship with your GP and treating practitioners, and for seeking their advice on any medical matter.
4. Health and Medical Disclaimer
Please read this section carefully.
4.1 Not for Emergencies. The Platform is not designed for medical emergencies. If you are experiencing a medical emergency, or believe you may be, call 000 (Triple Zero) immediately or attend your nearest emergency department. Do not rely on the Platform, the App, your coach or any Report in an emergency.
4.2 Advisory and Informational Only. The content, diagnostics, protocols, coaching and Reports we provide are intended to inform and support you. They are general and advisory in nature and are not a diagnosis, prescription, or personal medical advice tailored to a medical condition. You should always consult your GP or an appropriately qualified medical practitioner before starting, stopping or changing any medication, treatment or clinical management.
4.3 Your Disclosure Obligations. You are responsible for giving CYORA accurate, current and complete information about your health, including your medical history, diagnosed conditions, allergies, and all medications, supplements and treatments you are taking or have recently taken. Our ability to support you safely depends on this. You must promptly update us if your circumstances change.
4.4 No Guarantee of Outcomes. Health, performance and longevity outcomes depend on many factors that are individual to you and outside our control, including your physiology, genetics, adherence, lifestyle and other circumstances. Individual results vary. We do not, and cannot, guarantee any specific health, performance, body-composition, biomarker or longevity outcome. This clause does not limit any consumer guarantee that applies under the Australian Consumer Law (see clause 12).
4.5 Supplements and Nutrition. Where the Services include supplement or nutrition recommendations, these are made to support your program. You must check suitability with your GP or pharmacist, particularly if you are pregnant, breastfeeding, have a medical condition, or take prescription medication. Do not exceed recommended intakes.
5. Lab Reports and Analysis (Analysis and Education Only)
CYORA may provide you with diagnostic testing and Reports across up to six diagnostic areas: blood, stool, DNA, VO2 max, DEXA and Organic Acids Testing (OAT).
5.1 What a Report Is. Each Report is an analysis and education tool only. It presents your results, measures them against reference ranges CYORA uses, and explains, in plain English, what each marker is and what your result shows, including trends over time.
5.2 What a Report Is Not. A Report is not a medical diagnosis, is not a prescription, and is not personal medical advice or a treatment plan directed at you. A Report does not tell you what to do about your results, does not direct you to take, start, stop, increase or reduce any medication, supplement, treatment or activity, and is not a substitute for consulting your GP or treating practitioner.
5.3 Acting on Results. If a Report raises anything that concerns you, or that appears to require medical assessment, you should take it to your GP or an appropriate medical practitioner. Diagnostic testing has inherent limitations, including the possibility of false positives, false negatives and results that require clinical correlation. You should not make medical decisions on the basis of a Report alone.
6. Eligibility and Accounts
6.1 Eligibility. You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Platform and purchase the Services. By using the Platform you represent that you meet these requirements.
6.2 Account Registration. To access the App and certain Services you must create an account. You agree to provide accurate and complete information and to keep it current.
6.3 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly at support@cyora.com.au if you suspect any unauthorised access to or use of your account. We are not liable for loss arising from unauthorised use of your account where you have failed to keep your credentials secure, except to the extent that loss is caused by us.
6.4 One User Per Account. Your account and access to Reports and protocols are personal to you and must not be shared with, or transferred to, any other person.
7. Wearable and Third-Party Integrations
7.1 Connecting a Device. You may choose to connect a wearable or health device to the App, including Oura, Withings, WHOOP and Hilo, using secure authorisation (OAuth). When you connect a device, you authorise CYORA to receive and use the data from that device for the purpose of delivering and personalising your coaching and program.
7.2 Your Authorisation Controls Access. We only receive the data you authorise through the third-party provider. You can disconnect any Integration at any time through the App or the relevant provider, which will stop the future flow of data to CYORA. Disconnecting does not affect the lawfulness of processing carried out before disconnection.
7.3 Third-Party Providers. Wearable providers, and other third-party services we use (including Go High Level, Stripe and Procuret), are independent third parties governed by their own terms and privacy policies. We do not control, and are not responsible for, the accuracy, availability or practices of those third parties, and we do not warrant their products or services. Your use of a third-party device or service is subject to that third party's terms.
8. Payments, Financing and Pricing
8.1 Prices and GST. All prices for the Services quoted on or after 1 July 2026 are in Australian dollars and inclusive of GST unless stated otherwise. Supplements are billed separately from program fees.
8.2 Payment Methods. We accept payment by Procuret, Stripe and electronic funds transfer (EFT), as offered at the time of purchase.
8.3 Procuret Financing. Where you choose Procuret's pay-in-full financing, Procuret pays CYORA the program fee upfront and you repay Procuret over time under a separate financing agreement between you and Procuret. That financing agreement is solely between you and Procuret. CYORA is not a party to it, is not a credit provider, and is not responsible for Procuret's terms, fees, interest or collection processes. Any question about your repayments must be directed to Procuret.
8.4 Supplements. Supplements are supplied on a pass-through basis and billed separately. Where CYORA dispatches supplements to you, CYORA is the supplier for the purposes of the consumer guarantees under the Australian Consumer Law that apply to those goods.
8.5 Commercial Interest Disclosure. Where CYORA recommends and supplies supplements, CYORA has a commercial interest in that supply. We disclose this to you openly. Every supplement recommendation we make is made on clinical grounds in your interests, and you are free to obtain equivalent products from any supplier you choose.
9. Refunds and Cancellation
9.1 Your Consumer Rights Are Not Affected. Nothing in this clause limits or excludes your rights under the Australian Consumer Law, including your rights where a service or good fails to meet a consumer guarantee (see clause 12).
9.2 Change of Mind. Diagnostic testing, analysis and program delivery involve costs that CYORA commits to as soon as your program begins. Where you cancel for change of mind, our position on refunds reflects the stage your program has reached and the diagnostics, analysis and coaching already delivered or committed. We deal with change-of-mind requests fairly and on a case-by-case basis. Any change-of-mind refund is at CYORA's discretion and does not affect your non-excludable rights under clause 12.
9.3 Diagnostics Already Performed. Once a diagnostic test has been dispatched, collected or processed, the cost of that test is generally non-refundable, because it has been incurred.
9.4 Cancelling an Ongoing Program. For programs with an ongoing term (including the Boardroom and Concierge tiers), the cancellation terms are set out in your Engagement Agreement. You may cancel in accordance with that agreement. We do not charge cancellation or early-termination fees that are out of proportion to our actual loss.
9.5 Financed Programs. If your program is financed through Procuret, cancelling your program with CYORA does not, by itself, end your financing agreement with Procuret. You must deal with Procuret separately regarding your repayments. We will liaise reasonably to support a fair outcome, but the financing contract is between you and Procuret.
9.6 How to Request. To request a refund or cancel, contact us at support@cyora.com.au.
10. Intellectual Property
10.1 CYORA Owns Its Content. All content, materials, methods, frameworks, protocols, Reports, analysis, software, designs, text, graphics, logos and the CYORA name and brand (the "CYORA Materials") are owned by CYORA or its licensors and are protected by intellectual property laws. CYORA's models, frameworks and protocol methodology (including its phase-based and biological-hierarchy approach) are proprietary.
10.2 Your Licence. Subject to your compliance with these Terms and payment of applicable fees, CYORA grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the CYORA Materials that are provided to you, solely for your own personal, non-commercial use in connection with your program.
10.3 Your Own Data. You retain ownership of the personal and health information you provide to us and of the raw data generated by your diagnostics and connected devices. You grant CYORA the rights necessary to use that data to deliver the Services and as described in our Privacy Policy.
10.4 Restrictions. You must not copy, reproduce, republish, distribute, sell, commercialise, sublicense, reverse-engineer or create derivative works from the CYORA Materials, or remove any proprietary notices, except as permitted by law or with our prior written consent.
11. Acceptable Use
You agree not to:
- use the Platform for any unlawful, harmful, fraudulent or misleading purpose;
- share your account, Reports or protocols with, or resell them to, any other person;
- interfere with, disrupt, probe or attempt to gain unauthorised access to the Platform or its security;
- upload malicious code or content that is unlawful, defamatory or infringing;
- use automated means (scraping, bots) to access or extract data from the Platform without our consent; or
- misrepresent the CYORA Materials, including presenting a Report or protocol as medical advice from CYORA to any third party.
We may suspend or restrict access where we reasonably believe this clause has been breached.
12. Australian Consumer Law and Consumer Guarantees
12.1 Your Rights Are Protected. Our Services and goods come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL"). Among other things, services must be provided with due care and skill, and goods must be of acceptable quality.
12.2 Nothing Excludes Non-Excludable Rights. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified. Any provision of these Terms that would otherwise do so is to be read down to the extent necessary so that it does not, and is otherwise severed.
12.3 Remedies for Major and Non-Major Failures. For a major failure with a service, you are entitled to cancel and to a refund for the unused portion, or to compensation for the reduction in value, and to compensation for any other reasonably foreseeable loss or damage. For a failure that does not amount to a major failure, we are entitled to remedy the failure within a reasonable time; if we do not, you may cancel and obtain a refund for the unused portion, or recover the cost of having the failure remedied.
12.4 Where We May Limit Liability. Where the ACL permits us to limit our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the ACL), our liability is limited, at our option, to:
- in the case of services, resupplying the services or paying the cost of having the services resupplied; and
- in the case of goods, replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.
12.5 No Misleading Conduct. We do not engage in misleading or deceptive conduct or make false representations about the Services. If you consider any statement we have made to be inaccurate, please tell us at support@cyora.com.au so we can address it.
13. Limitation of Liability
13.1 Subject to the ACL. This clause applies to the extent permitted by law and is subject to clause 12. Nothing in these Terms limits liability that cannot be limited under the ACL or other applicable law, including for death or personal injury caused by our negligence, or for fraud.
13.2 Exclusion of Indirect Loss. To the extent permitted by law, CYORA is not liable to you for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, opportunity, data or anticipated savings, however arising, in connection with the Platform or the Services.
13.3 Cap on Liability. To the extent permitted by law, CYORA's total aggregate liability to you arising out of or in connection with these Terms, the Platform and the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the total amount of program fees actually paid by or on behalf of you to CYORA for the Services in the twelve (12) months immediately before the event giving rise to the liability.
13.4 Your Responsibility. To the extent permitted by law, we are not liable for loss arising from your failure to disclose relevant health information, your failure to follow the advice of your GP or treating practitioner, your reliance on a Report as if it were medical advice, or your use of the Platform contrary to these Terms.
14. Privacy and Data
14.1 Privacy Policy. Our collection, use, storage and disclosure of your personal information is governed by our Privacy Policy at cyora.com.au/privacy, which forms part of these Terms. Please read it.
14.2 Sensitive Health Information. Much of the information we handle is sensitive health information. We handle it in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), and collect it with your consent and where reasonably necessary to deliver the Services.
14.3 Wearable Data. Data from connected devices (clause 7) is collected under your own authorisation and used to deliver and personalise your coaching. You may disconnect and withdraw at any time.
14.4 Cross-Border and AI Processing. Where any processing of your information would involve disclosure outside Australia or the use of automated or artificial-intelligence tools, we handle it consistently with the APPs, including APP 8 (cross-border disclosure), and we rely on your informed, specific consent where that consent is required. Details are set out in the Privacy Policy.
14.5 Data Residency. We store client data in Australia. Our controls are designed so that identifiable health information is not sent to overseas endpoints without an appropriate basis and, where required, your consent.
14.6 Access, Correction and Withdrawal. You may request access to or correction of your personal information, and may withdraw a consent, by contacting us at support@cyora.com.au, subject to any legal obligation we have to retain records.
15. Service Availability
We aim to keep the Platform available and to deliver the Services with due care and skill. However, we do not guarantee that the Platform will be uninterrupted, error-free or available at all times. Access may be affected by maintenance, updates, third-party outages or events beyond our reasonable control. We may modify, suspend or discontinue parts of the Platform from time to time. This clause does not limit your rights under clause 12.
16. Suspension and Termination
16.1 By You. You may stop using the Platform at any time and may cancel your program in accordance with clause 9 and your Engagement Agreement.
16.2 By Us. We may suspend or terminate your access to the Platform, or a program, where you materially breach these Terms or your Engagement Agreement, where required by law, where necessary to protect the safety or rights of any person, or where continuing would place CYORA in breach of its professional or regulatory obligations. Where practicable and lawful, we will give you notice and a reasonable opportunity to remedy a breach that can be remedied.
16.3 Effect of Termination. On termination, your licence under clause 10.2 ends and you must stop using the CYORA Materials. Clauses that by their nature should survive (including clauses 10, 12, 13, 14, 17 and 20) survive termination. Termination does not affect any right or liability that accrued before it, or any refund entitlement under clause 9 or the ACL.
16.4 Record Retention. We retain client health records for the period required by law and professional obligation (generally at least seven years from your last service, or longer where required), after which they are securely destroyed or de-identified, as described in our Privacy Policy.
17. Regulator and Complaints Carve-Out
Nothing in these Terms, your Engagement Agreement, or any other agreement between you and CYORA prevents you from making a complaint to, providing information to, or cooperating with any regulator, ombudsman, court or law enforcement body (including AHPRA, the Office of the Health Ombudsman, the Office of the Australian Information Commissioner (OAIC) and the Australian Competition and Consumer Commission (ACCC)), or from making any disclosure required or authorised by law. Any term that would purport to do so is void to that extent.
If you have a concern or complaint, we encourage you to contact us first at support@cyora.com.au so we can try to resolve it.
18. Variation of These Terms
We may update these Terms from time to time, for example to reflect changes in our Services, technology or the law. Where a change is material, we will take reasonable steps to notify you, including by posting the updated Terms on the Website with a new "Last Updated" date and, where appropriate, by notifying you through the App or by email. Changes are not retrospective. Your continued use of the Platform after a change takes effect means you accept the updated Terms. If you do not accept a material change, you may stop using the Platform and, where relevant, cancel in accordance with clause 9.
19. General
19.1 Governing Law and Jurisdiction. These Terms are governed by the laws of Queensland, Australia. You and CYORA submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.
19.2 Severability. If any provision of these Terms is or becomes invalid, illegal or unenforceable, it is read down to the minimum extent necessary or, if it cannot be read down, severed, without affecting the validity of the remaining provisions.
19.3 Waiver. A failure or delay by CYORA to exercise a right does not operate as a waiver of that right, and no single or partial exercise prevents any further exercise.
19.4 Assignment. You may not assign or transfer your rights under these Terms without our consent. We may assign our rights and obligations to a related body corporate or in connection with a sale or restructure of our business, provided your rights are not materially prejudiced.
19.5 Entire Agreement. These Terms, together with the Privacy Policy and any Engagement Agreement you have signed, form the entire agreement between you and CYORA about your use of the Platform and the Services, and supersede any prior representation or arrangement.
19.6 Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and CYORA.
20. Contact Us
CYORA Pty Ltd
ABN 59 649 153 935
52/17 Great Southern Drive, Robina QLD 4226 Australia
Email: support@cyora.com.au
For privacy requests, please also see our Privacy Policy at cyora.com.au/privacy.