Terms of use
Valid from February 5, 2020.
These Terms of Use (hereinafter the "Agreement") constitute a binding agreement between you ("You") and Flo Health, Inc.,
a company based in Delaware ("The Company", "we", "us"), regulating the rules of using the Flo FemⓇ mobile application, the website (flo.health and reg.flo.health), the website offering the Courses (courses.flo .health) ("Courses"), the servers used by the Application, computer files stored on those servers, and all related services, features and content offered by the Company (collectively, the "Application").
This Agreement is not entered into with Apple, Inc.,
Google, Inc.,
nor with any of their subsidiaries, as well as with any other entity.
1.
Acceptance of the terms
Please read this Agreement carefully.
By creating an account or using the application, you confirm that you accept the provisions of this Agreement.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT LOG IN AND DO NOT USE THE APP.
This Agreement may be amended from time to time.
If the changes made will materially change your rights, we will notify you by e-mail, via the App, or by presenting you with a new version of the Agreement for your approval.
Continuing to use the Application after the effective date of the updated version of the Agreement will constitute your consent to the changes introduced in the Agreement.
2.
Medical Services Disclaimer
THE COMPANY IS NOT A LICENSED MEDICAL CARE FACILITY AND THE APPLICATION IS NOT INTENDED TO REPLACE PROFESSIONAL ADVICE OR DIAGNOSIS, TREATMENT AND THERAPY OF ANY DISEASES, AND CANNOT APPLY TO YOU.
YOU MUST CONSULT WITH YOUR LICENSED DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE TAKING ANY DECISION OR ACTION WHICH COULD AFFECT YOUR HEALTH AND FAMILIES.
NEVER LOWER PROFESSIONAL MEDICAL ADVICE OR DELAY IN OBTAINING IT FOR INFORMATION OBTAINED DURING THE USE OF THE APPLICATION.
ALWAYS CONSULT YOUR DOCTOR IF YOU HAVE QUESTIONS OR DOUBTS ABOUT YOUR HEALTH CONDITION, DISEASE, OR IF YOU NOTICE CHANGES IN YOUR HEALTH CONDITION.
IN AN EMERGENCY, CALL 112 IMMEDIATELY, OR GO TO THE NEAREST ACTIVE EMERGENCY DEPARTMENT.
WE SHALL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, OR UNINTENTIONAL TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE SUPPLIED MATERIALS, OR FOR A BREACH OF ETHICAL OR MORIAL OBJECIAL OBJECTS.
3.
Registration and qualification
Before using the Application, we may ask you to create or update an account ("Account") and to provide personal information, which may include your name, gender, date of birth, and email address.
These data will be stored and used in accordance with our privacy policy, which you can read at flo.health/pl/polityka-prywatnosci?locale=pl ("Privacy Policy").
You undertake to provide the Company with accurate and complete information and to update it on a regular basis in the event of changes.
In order to create an Account, access the Application and be able to use the Application in accordance with applicable law, you must be at least 13 years of age (16 years in the EU).
If you are under the age of 18, your parent or guardian must read and accept the terms of this Agreement, and your use of the App will signify that your parent or guardian has read and accepted this Agreement.
We reserve the right to restrict access to certain content in the App for users under 18.
years of age, at your discretion.
4.
Use of the Application
The content made available through the Application is subject to the terms of the Company's Privacy Policy flo.health/pl/polityka-prywatnosci?locale=pl.
In the event of any inconsistencies between the provisions of this Agreement and the provisions of the Privacy Policy, this Agreement shall prevail.
You are solely responsible for your statements, the consequences of posting questions and answers, and for your actions based on statements found in the publicly available content of the Application.
The company and its licensors are not responsible for the consequences of statements posted in publicly available areas of the Application.
If you feel threatened or believe someone else is in danger, you should notify your local law enforcement agency immediately.
If you feel you need urgent medical attention, call your doctor immediately or call the emergency number 112.
A prerequisite for using the Application is your consent not to use the Application for any purpose inconsistent with this Agreement.
You are responsible for all your activities in connection with the Application and you must comply with all local, national and international laws.
You agree that taking any of the following actions will constitute a material breach of this agreement, and therefore YOU AGREE
a.
not resell, rent, lease, rent, sublicense, distribute or otherwise transfer the rights to the Application;
b.
not to alter, reverse engineer, decompile or disassemble the Application;
c.
not to copy, adapt, change, modify, translate or create derivative products without the written consent of the Company;
d.
not allow other persons to use the Application, including, but not limited to, shared use via an Internet connection, except in accordance with the terms of this Agreement;
e.
not to bypass or block any functions or technical measures in the Application that protect copyrights;
f.
not to use the Application with the intention to use, or with the use of, devices, programs or services to circumvent technical security measures that control access and protect rights to content and other works protected by copyright regardless of jurisdiction;
g.
not to use or run the Application to compile data in a way that is used by or useful for a competing product or service;
h.
not to use your Account to advertise, promote or provide other people with commercial advertisements, including the so-called
chain letters, unsolicited e-mail or mass mailing;
i.
not to use your Account for illegal activities;
j.
not to upload content to transmit statements that violate the rights of others;
k.
not to transmit any type of multimedia content containing hate speech or violence, offensive images or behavior, obscene content, pornography, sexually explicit content, or other materials resulting in civil or legal liability under applicable law or inconsistent with the provisions of this Agreement and the Privacy Policy Companies; and
l.
not to transmit any material that contains computer viruses or other code, computer files or programs designed to disrupt, destroy or limit the functionality of any computer software or this website.
Any such prohibited use will result in the immediate revocation of your license to use the Application.
5.
Children's privacy protection and age restrictions
We are committed to protecting children's privacy.
Please note that this App is not intended or designed for children under the age of 13.
age.
We do not collect personal data from people we know are under 13 years of age.
Persons residing in the European Union must be at least 16 years of age to be able to use the Application.
To the extent permitted by law, we do not allow anyone under the age of 16.
years of age, residing in the European Union, to use the Application.
You must be at least 18 years of age to be able to use certain features of the Application (e.g.
from some courses, content or discussions on certain topics in Secret Conversations).
If you have information about a person using the App against the above restrictions, please contact us at support@flo.health so that we can take appropriate steps to close that person's account.
6.
Export control and economic sanctions
The software supporting the Application may be subject to US export and re-export laws, including the US Department of Commerce's Export Administration Regulations ("EAR"), and trade and economic sanctions imposed by the US Department of Commerce.
The Office of Foreign Assets Control (OFAC) of the U.S. Treasury and the Department of State's International Traffic in Arms Regulations (ITAR).
You certify that (1) you are not resident in a country or region subject to the US government embargo, or (2) you are not on the denied list provided for in the laws referenced above.
You agree to comply with all US and foreign export laws and regulations so that the Application, its technical data, or any direct product, is not exported or re-exported directly or indirectly, unlawfully, or used for any purpose prohibited by law.
7.
Limited License to use the Application
We grant you a personal, global, revocable, non-transferable and non-exclusive license to access and use the Application for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title and interest in the Application not expressly granted to the licensee in this Agreement are reserved to the Company.
The prior written consent of the Company is required to use the software, title, trade name, trademark, service mark, logo, domain name or other identifier bearing specific brand features or other content owned by the Company.
Requests for consent can be sent to support@flo.health.
For the avoidance of doubt, we expressly inform you that all text, images, photos, audio and video material, location information and any other data and information created by the Company and shared by it in connection with the Application are the property of the Company.
This includes, but is not limited to, visual interfaces, interactive features, graphics, designs, compilation of User Content and compilation of user ratings, as well as other elements and components of the Application, with the exception of User Content (as defined below).
Except as expressly and unambiguously set out in this Agreement, we do not grant you any rights, express or implied, and all rights in the Application and Company Content belong to us.
8.
User Content Rights
The Application allows users to add personal notes, share their stories, post and post content, upload content (including to public spaces of the Application such as Secret Conversations) and register certain information in the Application ("User Content").
You retain all rights to User Content that you post, share, or save in the Application.
By posting your User Content in the Application, (a) you grant the Company a non-exclusive, transferable, sublicensable, global and royalty-free license to use, copy, modify, publicly display, publicly play, create derivative versions based on it, use it in other studies, change , reformatting and disseminating your User Content in connection with the provision and management of the Application and related services, or for Company promotional purposes (for example, by displaying on our website, in our Application, on social media, on any service or platform on the Internet, as at our discretion) in accordance with the Privacy Policy; and (b) you agree to be responsible to the Company and its affiliates, directors, officers and employees for all claims and costs, including attorney fees charged in connection with the content of the materials or a breach of this Agreement.
The Company reserves the right to evaluate any User Content prior to adding it to the Application, and to remove multimedia content for any reason, at any time, without prior notice, at our sole discretion.
9.
Use at your own risk
Our goal is to make it easier for you to access useful health content.
However, the Application cannot and does not guarantee an improvement in health and is not responsible for the effects.
You use the Application and the information, predictions or suggestions provided in the Application at your own risk.
We make no guarantees as to the accuracy of the data, information, estimates and predictions provided by the Application, and you agree and understand that the Application does not serve the same purpose as medical or scientific devices.
10.
Disclaimer regarding the use of the Application by minors
THE INFORMATION CONTAINED IN THE APPLICATION DOES NOT ENCOURAGE, PRIZE, OR IN ANY WAY PROMOTE BEHAVIOR OR SEXUAL ACTIVITIES AMONG MINORS, AND ARE NOT DIRECTED TO ANY PARTICULAR PERSON.
ALL INFORMATION IN THE APP IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.
We carefully check the materials made available to people between 13 years of age.
a 17.
years of age through the Application to avoid inappropriate or harmful content being passed on to them.
We fully understand that the moral and ethical principles governing the amount of information about sexuality acceptable to minors may vary from country to country.
We do not and do not intend to publish sexually explicit content that may be considered harmful to minors or minors under applicable law.
We take reasonable steps to ensure that all material we post on the App is only factual and scientifically based.
It should be remembered that individual ethical views in terms of what is harmful to minors may differ from the requirements set out in legal provisions governing the scope of content made available to minors.
11.
Subscriptions
Flo Premium subscription.
The mobile app offers a Premium subscription that gives you access to additional features such as data-driven algorithm-assisted menstrual cycle prediction, personalized information based on your symptoms and the phase of the monthly cycle, tools for detecting physical and emotional patterns, and full health reports. which you can show your doctor.
Some of our subscriptions include a free trial period during which you can try out the features of the mobile app for free.
A subscription with a free trial period automatically renews upon its completion and becomes a paid subscription.
If you decide to cancel your paid subscription before we start charging for it, please cancel your subscription before the end of the free trial period.
We offer monthly and annual subscription options.
The fee will be charged to your credit / debit card via your iTunes or Google Play account after selecting the subscription option and confirming the purchase.
Paid subscriptions automatically renew, unless auto-renew is turned off, until canceled in the Manage Subscriptions section of your account settings.
We will notify you if the subscription price increases and, if necessary, we will ask for your consent to continue the subscription.
The subscription fee will be charged no earlier than 24 hours before the start of the latest paid subscription period.
Courses.
We offer a monthly, three-month and yearly subscription to the Courses.
The fee will be charged to your credit / debit card via Stripe - the payment platform of Stripe, Inc - after selecting the subscription option and confirming the purchase.
You understand and expressly consent to the processing of all your payments and cash transactions by Stripe.
It is not allowed to use stolen or unauthorized credit cards on the Stripe platform and on the Account.
Paid subscriptions will automatically renew unless auto-renew is turned off or the subscription is canceled by contacting our support department at support@flo.health.
We will notify you if the subscription price increases and, if necessary, we will ask for your consent to continue the subscription.
To receive a refund or in case of any other problems with the payment of the Courses, please contact our support department at support@flo.health.
Flo Premium + Telehealth subscription.
The mobile app offers a Premium + Telehealth subscription only available to US users.
Premium + Telehealth subscription is subject to separate Terms.
Please read them carefully before subscribing.
12.
Secret Conversations
Secret Conversations Flo ("Secret Conversations") is a special feature of the Application that allows users to communicate with each other on various topics related to women's health.
All user comments in Secret Chats are posted anonymously.
If you delete your account, your comments will remain visible to other Secret Chat users.
Users of Secret Conversations are prohibited from:
Add rude, harassing, vulgar, provocative, discriminatory, intolerant, religious, racist, political, homophobic or offensive comments and statements;
Post images or other material (including links to such material) that may contain content that is considered offensive, obscene, pornographic, copyright infringing, sexually explicit, prohibited by applicable law or that is not in accordance with this Agreement;
Provide medical advice or impersonate a healthcare professional;
Advertise products or services.
Perform other illegal activities specified in the Rules of Secret Chats.
In our sole discretion, we reserve the right to: Remove any inappropriate or irrelevant comments or material; Remove or modify comments that contain personal information such as name, address or e-mail address; Restricting or prohibiting access to Secret Chats at any time without notice if we believe that the content or use of Secret Chats is a breach of this Agreement; Use, copy, modify, mix, move, alter, publicly display, play in public and distribute discussions, comments and materials; Block your comments for any reason or moderate them as we deem appropriate; Exclude access to Secret Conversations at any time and without prior notice.
Any information posted in Secret Conversations should not be construed as an advice, prescription, or treatment suggestion.
If you are in doubt about your medical condition, consult a licensed healthcare professional.
Please note that our users are not healthcare professionals and their recommendations may not only be inaccurate but also harmful to your health and well-being.
Read more about the rules for communicating in Secret Chats in our Rules for Secret Chats.
The rules of Secret Conversations constitute an integral part of the Agreement.
By accepting the Agreement, you agree to the terms described in the Rules of Secret Chats.
TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING, BUT NOT LIMITED TO THE "TELECOMMUNICATIONS DECISION ACT" 1996)
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT EFFECTS, ARISING FROM INFORMATION, LINKS, OR MATERIALS PUBLISHED BY USERS, ANY ACTIONS OR NON-RESPONSIBILITIES.
13.
Passwords
You are responsible for taking reasonable steps to protect access to your account and password to the Application against unauthorized persons.
You are solely responsible for (1) supervising the dissemination and use of login credentials, usernames and passwords; (2) authorizing, monitoring and controlling access to and use of your account and password in the Application; (3) informing the Company immediately if you believe that your account or password has been compromised or if there is any other reason to deactivate your password.
Email us at support@flo.health.
You grant the Company and all other persons or entities involved in the operation of the Application the right to send, monitor, search, store and use your data in connection with the operation of the Application.
The Company cannot and is not responsible for any data you provide or the use or misuse by you or third parties of information sent or received using the Application.
14.
Warranty Exclusions
The Company controls and operates the App from multiple locations and does not guarantee that the App is appropriate or available for use in all locations.
The app or some of its features may not be available in your location.
The application is delivered on the principle of "how it is" and "how available", without any clear or implied guarantees, including, among others, implied guarantees of the legal title, non -crimping of the law, the possibility of sales and suitability for a specific purpose, as well as no guarantees implied by the course of implementation TRANSACTION; ALL WARRANTIES ARE EXPRESSLY EXCLUDED, EXCEPT AS REQUIRED BY LAW.
THE COMPANY, ITS BOARD, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, PARTNERS, AND CONTENT SUPPLIERS DO NOT WARRANT THAT: (A) THE APPLICATION WILL BE SECURED OR AVAILABLE AT ANY TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE IN OR THROUGH THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APPLICATION WILL MEET YOUR REQUIREMENTS.
USE OF THE APPLICATION IS YOUR OWN RISK ONLY; OR (E) THAT CONTENTS, TEXTS, IMAGES, SOFTWARE, GRAPHICS, AND MESSAGES ORIGINATED FROM THIRD PARTIES AND AVAILABLE BY OR IN THE APP, INCLUDING IN SECRET CALLS, ARE ACCURATE, RELIABLE AND COMPLETE.
CERTAIN STATES / COUNTRIES DO NOT PROVIDE ANY IMPLIED (LEGAL) WARRANTY LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15.
Limitation of Liability
Under no circumstances of the company, its management, directors, representatives, associated entities, employees, advertisers or data providers will not be responsible for any indirect, accidental, resulting or criminal damage (including the inability to use, loss of profits or data loss) both AS PART OF AN ACTION FOR NON-COMPLIANCE AND ANY PROHIBITED ACT (INCLUDING, BUT NOT LIMITED TO, OTHER NEGLIGENCE), RIGHTS OF EQUITY OR OTHERWISE ARISING OUT OF OR WHATSOEVER RELATED TO THE APPLICATION.
The total responsibility, resulting from these terms, use or inability to use the application under no circumstances will exceed the amounts that you paid to the company for using the application or one hundred dollars ($ 100), if you did not have any payment obligations towards the company.
SOME JURISDICTIONS DO NOT PROVIDE THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE COMPANY AND ANY THIRD PARTIES MENTIONED IN THE APP ARE NOT LIABLE FOR ANY PERSONAL DAMAGES, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE.
16.
Use of mobile devices
Please note that if you use the Application on a mobile device, your carrier's normal rates and charges, such as text messaging and data charges, will continue to apply.
17.
Third Party Services
The Application may give you access to links to third party websites, applications, or other products or services ("Third Party Services").
The Company does not control the Third Party Services in any way and therefore has no responsibility in relation to the Third Party Services.
You must take appropriate steps to assess whether your access to the Third Party Services is appropriate, including the protection of your personal information and privacy when using such Third Party Services and compliance with applicable agreements.
18.
Your feedbacks
We welcome your comments regarding the Application.
All correspondence you send to us and content posted in the app stores are considered non-confidential, unless you expressly indicate otherwise.
You accept that we may choose to post such content in our sole discretion.
You agree to authorize us to use such content free of charge and to correct, modify, adjust and contextually change or make any other changes we deem appropriate.
19.
Exercise of rights
We are under no obligation to monitor access to or use of the Application.
Nevertheless, we reserve the right to do so in order to ensure the operation and maintenance of the Application, in compliance with the provisions of this Agreement and in compliance with applicable law.
Unlawful conduct may be reported to law enforcement authorities.
In addition, in the course of legal proceedings, we may cooperate with law enforcement authorities to punish users who violate the law.
We reserve the right (but are not obligated to) to remove or block any content posted on the Application or access to the Application at any time and without notice and at our sole discretion if we determine that your content or use of the Application is inappropriate or in violation of this Contracts.
The company shall not be liable to the users of the Application, any other persons or entities for the performance or non-performance of the activities described above.
20.
Changes to the Application
The application may be changed, expanded and improved from time to time without prior notice.
We may also at any time cease to support part or all of the Application or selectively block certain functions of the Application.
Your use of the Application does not entitle you to require continuous operation or availability of the Application.
Any modification or liquidation of the Application or any specific functionality will be at our sole discretion and without obligation or liability to you.
21.
Compensation
You agree to defend, indemnify and indemnify the Company and its board, directors, employees, agents, licensors and suppliers from all claims, actions and liability, and all costs and expenses related to defense, including, but not limited to, reasonable legal and accounting costs based on or resulting from a breach of this Agreement.
22.
Final Provisions
Disputes arising from this Agreement will be governed by the laws of the state of California (USA), notwithstanding any conflict of laws.
FULL AND EXCLUSIVE COURT OF COURT FOR DISPUTE PROCEEDINGS RESULTING IN CONNECTION WITH THIS AGREEMENT SHALL BE WITH THE COMPETENT COURT OF THE STATE OR FEDERAL COURT OF THE COUNTRY OF SAN FRANCISCO TO THE COUNTRY OF SAN FRANCISCO, ST.
Any action for an action relating to your use of the App must be brought within one (1) year of the claim or cause of action arose.
If, for any reason, a court of competent jurisdiction determines that any provision of this Agreement or part thereof is unenforceable for any reason, such provision shall be enforced to the fullest extent permissible so that the intent of this Agreement and the remainder of this Agreement will remain in effect.
In court or administrative proceedings, the use of the printed version of this Agreement is permitted.
A waiver by the Company of a right under this Agreement shall not be considered a future permanent waiver of this or any other right, and failure by the Company to exercise a right or provision of this Agreement shall not constitute a future waiver of such right.
If any provision of this Agreement is found invalid, illegal or unenforceable by a court of competent jurisdiction or other competent jurisdiction, such provision will be deleted or limited to the narrowest extent so that the remaining provisions of this Agreement will remain in full force and effect.
After the termination of the Agreement, all its provisions which, due to their nature, should remain in force, will continue to apply, including, without limitation,
Proprietary Rights, Warranty Exclusions, and Limitation of Liability.
Any claims between the parties under this Agreement will be judged individually and the parties will not join them or bring class action against any claim, unless previously agreed in writing by the parties.
We may refuse to provide the service at any time, close our Account, or change the terms of service provision.
23.
Procedure for reporting and removing content
If you believe that material available on or through the Application infringes your copyright, you may request that such material be removed (or accessed) from this Application by contacting the Company and providing the following information:
a.
Identifying the copyrighted work that you believe is being used unlawfully.
Describe the work and, if possible, attach a copy or localization (e.g.
Application page) of the authorized version of the work.
b.
Identification of the material that you believe is infringing and its location.
You must describe the material as well as provide a URL or any other relevant information that allows us to locate the material.
c.
Your name, address, telephone number and (if possible) email address.
d.
A statement that you, in good faith, believe that disseminating content in the manner described in this notice is not being authorized by the copyright holder or its agent, or is not permitted by law.
e.
A statement that the information you provide is accurate, and that you are "under penalty of perjury" that you are the copyright owner or are authorized to act on behalf of the copyright owner.
f.
The signature or its electronic equivalent filed with the copyright owner or its authorized representative.
As a result of efforts to protect the rights of copyright owners, the Company maintains a policy to terminate the Agreement in appropriate circumstances for subscribers and account holders in the Application who repeatedly breach the rules.
Questions and comments
If you have any comments or questions about the Application or these Terms of Use, or need assistance or problems, please contact us at support@flo.health.