V.1.0 as of February 25, 2022
These Flo-for-Business Referral Campaign Terms of Participation (the “Terms”) introduce you to the participation rules in the Flo-for-Business Referral Campaign (the “Campaign”) offered by Flo Health, Inc. (“Flo”).
Please read carefully these Terms along with the Privacy Notice governing our usage of the information provided by you about yourself and your referred contact in connection with the participation in the Campaign. By accepting the Terms, you agree to be bound by the rules of participation in the Campaign.
The Terms are separate from the Terms of Use presented by Flo in connection with Flo Ovulation & Period Tracker application usage (the “Flo app”).
THE CAMPAIGN
The Campaign serves as a means of finding a company and / or its contact person interested in extending their employees’ benefits program with “Flo Employees’ Benefits Program” (“Employees’ Benefits”).
The Campaign refers to you as an interested party who has a right to refer eligible contact person (the “Referred contact”) details from your company to Flo.
The Referred contact should be in a position of Human Resources, People Operations, Employee Benefits, Employee Wellness and / or other related department that takes care of personnel wellness at work.
Provision of the Referred contact details is benefited to you in the form of granting one-person promo code to Premium Subscription to Flo app for iOS users or one-person Premium Subscription to Flo app for Android users (depending on operating system of smartphone you use) (the “Flo Premium Subscription”).
FLO PREMIUM SUBSCRIPTION ELIGIBILITY
To be granted with a one year Flo Premium Subscription under this Campaign the following criteria shall be met: (i) you should complete all required fields in Referral Form that enquire the provision of Referred contact and your company details; (ii) you should have complied (and remain in compliance) with these Terms; (iii) you should claim Flo Premium Subscription in accordance with the instructions we provide you via a notification email until promo code expiration date (Section 4) as of the date of the notice; (iv) your Referred contact’s details shall meet the criteria provided by these Terms; (v) Flo has a meeting (by phone, video or in person) with one of your Referred contacts regarding your company’s interest in Employees’ Benefits within 3 months of your submission of the Referral Form.
It is your responsibility to maintain access to, and monitor emails sent to the email address you provide for yourself via the Referral Form relating to this Campaign.
Flo Premium Subscription may not be combined with other offers or discounts and may not be redeemed for cash.
CAMPAIGN ELIGIBILITY
You are ONLY entitled to participate in the Campaign if you meet the following criteria:
- you and Referred contact(s) are residing in the United States of America (the “US”)* and working for the US-based company**;
- you are at least 18 years old;
- you have lawfully obtained the Referred contact’s details***; and
- Referred Contact’s details are accurate and up-to-date, and referred to contact person who is an employee of a company you are working at.
Your participation in the Campaign represents and warrants that you meet the above eligibility criteria.
You are NOT entitled to participate in the Campaign and be in the right to Flo Premium Subscription in case, within the duration of this Campaign, as to the extent the Campaign can be prolonged, and two years thereafter, you are residing in one of the following countries: Cuba, Iran, North Korea, and Syria – pursuant to the United States of America Export Administration Regulations (EAR).
* Residing in the US means residency on the territory of the US within the Campaign duration, as to the extent the Campaign can be prolonged, and one year thereafter providing that the Lawful Permanent Resident or other residence status in the US as well as citizenship are not subjects to Campaign Eligibility review.
** For the purposes of these Terms, the US-based company means either (i) a company registered under the state law of the US with the minimum number of employees - 500; or (ii) a company with the headquarter registered under the state law of the US with the minimum number of employees all around the subsidiaries in the amount of 500 people.
*** Referred contact’s details are meant lawfully obtained in case your provision of that information to Flo as well as our use in accordance with our Privacy Notice, does not and will not violate any applicable law or regulation, including data protection legislation, and Referred contact’s informed consent is received by you.
PROMO CODE EXPIRATION DATE
You are entitled to apply promo code for Flo Premium Subscription (iOS) or to be entitled to Flo Premium Subscription (Android) as follows:
- For iOS users: you are entitled to apply promo code for Flo Premium Subscription within 28 days as of the date the promo code is provided to you;2.
- For Android users: your Flo Premium Subscription will be activated within 7 days as of the date Flo has a meeting as per Section 2 of these Terms with one of the Referred contracts you have provided Flo with via Referral Form.
CAMPAIGN DURATION
Campaign runs within 6 months as of the date of these Terms. It means that you are able to provide Referred contact details to Flo to be entitled to Flo Premium Subscription within 6 months. We reserve the right to suspend or prolong providing all or portions of our Campaign at any time. You also have the right to stop participating in the Campaign at any time.
IF YOU HAVE A VALID FLO PREMIUM SUBSCRIPTION
If you already have an active Flo Premium Subscription, a one-year Flo Premium Subscription to be granted under these Terms will be activated immediately following the expiration of your current Flo Premium Subscription.
PARTICIPATION REJECTION
Flo reserves the right to reject your participation in the Campaign and receipt of Flo Premium Subscription in case Flo reasonably believes you have breached any of the Terms including but not limited to:
- you engage in the Campaign with the intent to deceive or other actions, such as by impersonating any person, or that constitute fraud (or attempted fraud);
- you violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene;
- you take any action that violates our Terms of Use in connection with your use of Flo app;
- you send Referred contact information of individuals that you know or should have known would not want Flo to connect with them about Employees’ Benefits;
- refer yourself as a Referred contact or any member of your family; or
- sell Flo Premium Subscription we provide in connection with these Terms.
Please note that you are able to transfer promo code to Flo Premium Subscription (iOS) or Flo Premium Subscription (Android) to another person if you wish.
In order to transfer promo code to Flo Premium Subscription (iOS) or Flo Premium Subscription (Android) you should provide Flo with the email address of a person you would like to make a transfer. By providing this email address you warrant and guarantee that it was lawfully obtained.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLO SHALL NOT AND WILL NOT BE LIABLE TO YOU WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF FLO OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW AND VENUE
Any dispute arising from these Terms will be governed by and construed in accordance with the law of the State of Delaware, without giving effect to its law regarding the conflict of laws. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States, respectively, sitting in Wilmington, DE.
AMENDMENTS TO THESE TERMS
Flo reserves the right to modify these Terms from time to time. Flo will provide notice of changes by posting the updated Terms to Referral Form and updating these Terms and date above. Your participation in the Campaign should be governed by the updated Terms. If you do not agree to the amended Terms, you must stop participating in the Campaign.
MISCELLANEOUS
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Flo to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
These Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically via benefits@flo.health.