We know that reading Terms of Use is not the funnest thing to do and it’s tempting not to, but it’s important to establish what you can expect from us as you use Flo services and what we expect from you.
Before you start using Flo
Read these Terms. We will rely on these Terms when dealing with you. If you have any questions, you can contact us — see the section Questions, complaints and comments.
These Terms of Use help define Flo’s relationship with you as you interact with our services. For example, these Terms include the following topic headings:
What we expect from you, which establishes certain rules for using our services
Subscription and billing terms, which includes cancellation, subscriptions, refunds, fees and other charges
What you can expect from us, which describes how we provide and develop our services
In case of problems or disagreements, which describes how these issues should be resolved
Besides these terms, we also publish a flo.health/privacy-policy (“Privacy Policy”). We encourage you to read it to better understand how you can update, manage, export, and delete your information.
Understanding these terms is important, and to use our services you must accept them.
Table of contents
Introduction
Who are we?
When do these Terms apply?
Who can access Flo?
App, Features and Content are not intended to provide medical advice or diagnosis, treatment
Registration and eligibility
Your use of the App
Export and economic sanctions control
Limited Licence to the App
Licence to User Content
Use at your own risk
Use by minors disclaimer
Subscriptions and billing
Secret Chats
Passwords
Warranty disclaimer
Limitation of liability
Use of mobile devices
Third-Party Services and links
Your feedback
Enforcement rights
Maintenance and updates
Indemnity
Dispute Resolution and Arbitration
Governing Law
Notice and takedown procedures
Other provisions
Questions, complaints and comments
01 Introduction
1.1. Please read the Terms of Use (or “Agreement”, “Terms” for short) carefully. This Agreement is a legally binding contract between you and Flo Health UK Limited, seated at 27 Old Gloucester Street, London, England, WC1N 3AX. Access to and use of Flo’s products and services is expressly conditioned upon acceptance of this Agreement. If you do not agree to these Terms, you will not be able to access Flo or its products or services.
1.2. PLEASE CAREFULLY READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 24. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND FLO AND INFORMS YOU OF YOUR OPT-OUT RIGHTS.
NOTE: Depending on where your location, you may have rights under applicable local laws that cannot be waived. Nothing in this Agreement limits any such rights under those laws.
1.3. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
1.4. In addition to these Terms, the following terms apply and form part of your contract with us flo.health/privacy-policy (“Privacy Policy”).
1.5. By accepting this agreement, you affirm that you: (a) have read this Agreement and agree to abide by its terms and the other terms incorporated into it by reference; and (b) have reviewed and consent to the Privacy Policy; (c) agree not to use the respective service or content for any other purposes as described in these Terms.
02 Who are we?
2.1. We are Flo Health UK Limited, a company incorporated in the United Kingdom, company number 12898410. So we will refer to ourselves throughout this Agreement as “Flo”, “Company”, “we” or “us”.
2.2. The registered office of Flo Health UK Limited is 27 Old Gloucester Street, London, England, WC1N 3AX.
03 When do these Terms apply?
3.1. These Terms apply to all use of the Flo Fem Ⓡ mobile application (“the App”), the websites (flo.health, app.flo.health, etc.), and all related services, features and content offered by Flo.
*Please note the App may be listed under a different name depending on your location. The full list of names is available here.
04 Who can access Flo?
4.1. You must be at least 13 to use the App and access Flo’s content (16 for European Economic Area and United Kingdom residents).
4.2. We do not knowingly collect personal information from children under 13 (16 for European Economic Area and United Kingdom residents).
4.3. We do not allow people to use the App and access Flo if they are younger than 13 (16 for European Economic Area and United Kingdom residents).
4.4. Some of the App functions are limited for users that are younger than 18.
4.5. If you are aware of anyone that does not comply with these limitations, please contact us at support@flo.health, and we will take the necessary steps to delete or terminate their account.
05 App, Features and Content are not intended to provide medical advice,diagnosis, or treatment
5.1. THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, OR SERVE AS A BIRTH CONTROL METHOD OR CONTRACEPTION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FOETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
5.2. WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS ANY VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO SEXUAL EDUCATION AND RELATED MATERIALS.
5.3. SOME TRANSLATIONS ON FLO’S APP OR WEBSITE ARE POWERED BY MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE. FLO DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
06 Registration and eligibility
6.1. To use the App, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, birth date, and e-mail address.
6.2. All information provided during Account creation must be accurate. You will update that information promptly after it changes.
6.3. This information will be held and used in accordance with our privacy policy, which can be found at flo.health/privacy-policy (“Privacy Policy”).
6.4. Flo reserves the right to deny the creation of any Account or limit the availability to users under the age of 18 of certain content in the App, in its sole discretion.
07 Your use of the App
7.1. Any content you submit through the App is governed by the Company’s Privacy Policy flo.health/privacy-policy. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
7.2. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
7.2.1. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
7.2.2. modify, reverse engineer, decompile or disassemble the App;
7.2.3. copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company;
7.2.4. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
7.2.5. circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
7.2.6. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
7.2.7. use or access the App to compile data in a manner that is used or usable by a competitive product or service;
7.2.8. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
7.2.9. use your Account to engage in any illegal conduct;
7.2.10. upload or transmit any communications that infringe or violate the rights of any party;
7.2.11. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement, and the Company’s Privacy Policy;
7.2.12. upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, website or the App;
7.2.13. use the predicted fertile windows or ovulation estimates as a form of birth control or to facilitate conception; or
7.2.14. use data, content, or features from the App and the website to diagnose, treat, or mitigate any health conditions.
Any such forbidden use shall immediately terminate your licence to use the App. Flo is granting you permission to use the App, but with the condition that you use it in accordance with the Agreement. If you violate these Terms by engaging in a forbidden use, the permission granted you to use the App will be revoked, and you will no longer be authorized to use it.
08 Export and economic sanctions control
8.1.The software that supports the App may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
8.2. You represent and warrant that you are (1) not located in any country or region that is subject to government embargo, and (2) are not a denied party as specified in the regulations listed above.
8.3. You agree to comply with all export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Flo under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
09 Limited Licence to the App
9.1. We grant you a personal, worldwide, revocable, non-transferable and non-exclusive licence to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, licence, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company which may be withheld for any or no reason. You further agree not to download, display or use any content on the App that is provided by the Company or its licensors located on the App for use in any publications, in public performances, on websites other than the App for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by the Company or third-party content that appears on the App.
9.2. All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@flo.health.
9.3. To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.
10 Licence to User Content
10.1. The App enables you to input personal notes, share your stories, post or upload content, submit content (including to Secret Chats) and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.
By providing your User Content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free licence to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content and/or your failure to comply with the terms described in this Agreement.
10.2. The Company reserves the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
11 Use at your own risk
11.1. Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes.
11.2. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
12 Use by minors disclaimer
12.1. THE INFORMATION WITHIN THE APP DOES NOT INCITE, INDUCE OR OTHERWISE PROMOTE ANY SEXUAL BEHAVIOR OR ACTIVITY AMONG MINORS AND DOES NOT DIRECT THE CONTENT OF COMMUNICATION TO ANY PARTICULAR PERSON. ALL INFORMATION PROVIDED WITHIN THE APP IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.
12.2. We carefully examine the materials that we make available via the App to people between 13 and 17 in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is accessible to minors.
12.3. We neither intend nor knowingly publish sexually explicit content, or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us on the App are based on facts only and are scientifically accurate.
Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under applicable law.
13 Subscriptions and billing
13.1. Subscriptions. We may offer you the opportunity to purchase subscriptions that provide access to certain content, products or services for a specified period of time. Subscriptions continue indefinitely. We charge you on-going fees automatically on a regular basis until cancelled. We explain the on-going fees, the billing frequency and how to cancel before you purchase.
13.2. Certain content, products or services included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren't working out as planned. The features and content contained in the App may differ by country, language, relevant store, version or device.
By accessing Flo you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by Flo regarding such functionality or features.
13.3. Flo App is available via the third-party platform operators Apple App Store and Google Play Store. Therefore, when you make a purchase, you may additionally enter into a separate contract with the respective third-party service provider providing your app store, whose terms and conditions may apply. Depending on the respective third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.
13.4. Billing. You may purchase the subscription on a recurring basis disclosed to you prior to your purchase directly from Flo or through a third party by paying a subscription fee plus applicable taxes in advance.
13.5. Trial. Some of our subscriptions include a trial period, where you can experience the application for a specified period at no cost or at a reduced price (“Trial”). Trials will automatically convert into ongoing paid subscriptions at the end of the trial period. To avoid being charged, you must cancel your subscription prior to the expiration of the trial period. Please review all applicable terms carefully before you sign up for Trial.
13.6. Price and tax changes. Flo may from time to time make changes to subscription, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
If we discover an error in the price of items you have purchased, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your purchase will be automatically cancelled.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
13.7. Renewal. Your payment to Flo or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.
13.8. Cancellation. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your subscription through the app.flo.health, you can cancel the renewal of your subscription at any time by contacting us by email at help@flo.health and specify the email you used to register your account at app.flo.health.
You also can use this cancellation form:
“Subject - cancel subscription
To Flo support team,
I hereby give notice that I cancel my subscription.
the email I used to register my account at app.flo.health - *specify here*”
If you purchase your subscription through a third party, contact them for information about billing, cancellation and refunds.
Contact our Support team help@flo.health (or submit a request here), or click here and follow the instructions on how to cancel your subscription or Trial.
13.9. Promotional offers. From time to time you may have the opportunity to purchase a subscription in the form of Promotional offer. Promotional offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, subscription automatically continues at the then-current regular price (subject to change), unless cancelled, plus applicable taxes.
14 Secret Chats
14.1. Flo Secret Chats (Secret Chats) is a feature of the App that allows users to post comments or reviews on Flo content (content provider). All content, set of different topics related to women’s health and wellbeing is published on the Secret Chats by or on behalf of the Flo. All user comments in Secret Chats are posted anonymously. If you delete your account, your comments will remain visible to other users of Secret Chats.
14.2. Our wish is that our users find support and useful information and have fun along the way. To facilitate this Flo invites users to comment on the published content. To leave a comment or read other users’ replies, tap the Secret Chats icon at the bottom corner. Secret Chats feature has limited functionalities:
14.2.1. comments could not be indexed and shown by search engines in Internet nor outside of Secret Chats;
14.2.2. Secret Chats feature is available only for a limited number of users while it does not require registration; it is available only in English and Portuguese;
14.2.3. users can only communicate in Secret Chats through posting comments on content created and published by Flo. Private messaging or interpersonal communication between a finite number of persons is not available - no direct messages;
14.2.4. all comments in Secret Chats are pre-moderated, so your comment will be posted after it passes the moderation process;
14.2.5. anonymity is one of the essential values that define the Flo Secret Chats as a safe place. To maintain a safe space for everyone, it is prohibited to post comments which may expose anyone’s identity.
Contact regulatory@flo.health to all inquiries raised in connection with Secret Chats.
14.3. As a user of Secret Chats, you shall not:
Leave rude, harassing, insulting, provocative, discriminating, non-tolerant, religious, racist, political, homophobic, libelous, defamatory, unlawful, threatening, or offensive comments and statements;
Post abusive, offensive, obscene, pornographic, infringing, sexually explicit images or any other materials (including links to such materials) prohibited under applicable law or regulations or that otherwise may be in conflict with this Agreement;
Provide any medical advice or claim to be a healthcare professional;
Advertise any product or service; or
Perform other forbidden actions as defined in Secret Chats Rules.
At our sole discretion, we reserve our right to:
Delete any inappropriate or irrelevant comments or materials;
Delete or modify comments containing personal data, such as name, address, or email;
Restrict or ban your access to Secret Chats at any time and without notice if we determine that the content or use of Secret Chats is in violation of this Agreement;
Use, copy, modify, reshuffle, move, change, publicly display, publicly conduct and distribute discussions, comments, and materials;
Block your comments for any reasons or moderate them as we deem appropriate; or
Disable Secret Chats at any time without prior notification.
14.4. Any information posted in Secret Chats shall not be considered as advice, drug prescription, or treatment suggestion. If in doubt about your health, consult a licensed healthcare professional. Please bear in mind 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 applicable to communication in Secret Chats in our Secret Chats Rules. Secret Chats Rules are an integral part of the Agreement. By accepting the Agreement, you also accept the Secret Chat Rules.
14.5. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE COMMUNICATIONS DECENCY ACT OF 1996, DIRECTIVE ON ELECTRONIC COMMERCE 2000/31/EC), THE COMPANY DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
15 Passwords
15.1. You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your App passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorise, monitor, and control access to and use of your App account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
Send us an email at support@flo.health.
15.2. You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. You further acknowledge and agree that the App and account are designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received arising from the using the App, and shall not be responsible for any losses arising out of the unauthorised use of your account or information resulting from you not following these rules.
16 Warranty disclaimer
16.1. The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
16.2. THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE APP, INCLUDING IN SECRET CHATS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES, COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17 Limitation of liability
17.1. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY THIRD PARTIES MENTIONED ON THE APP SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP. THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18 Use of mobile devices
18.1. Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
19 Third-Party Services and links
19.1. The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, the Company is not responsible for the privacy practices of such Third Party Services and does not assume any liability associated with such Third Party Services. Your linking to or use of any Third Party Services other than the App is at your own risk. The Company's inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third Party Services and should not be deemed as such by any user of the App. The Company disclaims any responsibility for the products or services offered or the information contained on any Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
You shall not link to our websites, app, content or services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
20 Your feedback
20.1. We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.
21 Enforcement rights
21.1. We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
21.2. We reserve the right (but are not required) to remove or disable any content posted to the App or access to the App at any time, in each case without notice and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.
We may refuse service, close Accounts, and change eligibility requirements at any time.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
22 Maintenance and updates
22.1. From time to time, it may become necessary to change, expand, upgrade and improve the App to ensure it is functioning properly. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App.
22.2. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
23.3. We may indefinitely suspend, or discontinue online access to content associated with Flo at any time, including for service deprecations, maintenance services, or upgrades, without prior notice or liability. We may also discontinue offering certain content or features. For any content or features that use online servers, we make no commitment to continue to make those servers available.
23 Indemnity
23.1. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.
24 Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
a. ARBITRATION: To the fullest extent permitted under applicable law and in the interest of resolving disputes between you and the Company in an expedient and cost-effective manner, you and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement (collectively, “Disputes”) shall be settled by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, except as modified in this Agreement. The AAA Rules and filing forms are available online at www.adr.org.
b. If you are a resident of any European Union country or the United Kingdom, Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
c. SMALL CLAIMS COURT: As an alternative to arbitration, you and the Company each retain the right to bring any Dispute in any small claims court with jurisdiction over the Dispute.
d. PLACE OF ARBITRATION/ CONDUCT OF HEARING(S): If you reside in the United States, then the place of the arbitration shall be, at your option, either (a) the state where you reside, or (b) New Castle County, Delaware. If you reside outside the United States, then the Arbitrator shall determine the place of arbitration based on the factors stated in the AAA Rules. Regardless of the place of arbitration, the Company agrees that any required arbitration hearing(s) may be conducted, at your option, by phone or video conference rather than in person. The arbitration may also be decided solely on the submission of documents to the Arbitrator, if you and the Company both so agree (which agreement must be made in writing and provided to the Arbitrator). The procedural law applicable to the conduct of the arbitration shall be the law of the place of arbitration and the AAA Rules. The Federal Arbitration Act shall govern all arbitration proceedings (and any related and/or resulting court proceedings) in the United States.
e. NOTICE OF DISPUTE/ INFORMAL SETTLEMENT EFFORTS: At least 30 days prior to initiating an arbitration, you and the Company each agree to notify the other party of the dispute in writing (the “Notice of Dispute”) and attempt in good faith to negotiate an informal resolution. You must send your Notice of Dispute to: Flo Health UK Limited, 27 Old Gloucester Street, London, England, WC1N 3AX. The Company will send any Notice of Dispute to the email address associated with your Account. A Notice of Dispute must include: the name of the person bringing the Dispute and that person’s preferred contact information, a brief description of the dispute, and the relief sought. If you and the Company are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (see www.adr.org) with the American Arbitration Association and providing a copy to the other party as specified in the AAA Rules.
f. ARBITRATION FEES AND COSTS: Your share of administrative fees and arbitrator fees and costs (collectively, “Arbitration Costs”) shall be governed by the AAA Rules. Either party may request the Arbitrator to award the requesting party some or all of its attorneys’ fees and costs (in addition to some or all of its Arbitration Costs) upon proving that the other party has asserted a claim, cross-claim, or defence that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, pursuant to applicable law and the AAA Rules.
g. FORM, EFFECT, AND SCOPE OF ARBITRATION AWARD: The Arbitrator’s judgment and award shall be final, binding and enforceable, subject to review only in accordance with applicable law governing the enforcement and annulment of arbitration awards. Judgment on the Award may be entered in any court with proper jurisdiction, pursuant to applicable law. The Arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis to the extent necessary to provide relief warranted by the claimant’s individual claim.
i. ARBITRATION OPT-OUT: You can decline this agreement to arbitrate by sending a written communication to Flo Health UK Limited, 27 Old Gloucester Street, London, England, WC1N 3AX, postmarked within 30 days after first accepting this Agreement. Your written communication must provide your name and the email address associated with your Account and must state that you decline this arbitration agreement.
j. CHANGES: If the Company changes this Section 22 after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice to Flo Health UK Limited, 27 Old Gloucester Street, London, England, WC1N 3AX, postmarked within 30 days of the date on which the change is effective. Rejecting a change, however, does not revoke or alter your prior consent to any earlier agreement to arbitrate any Dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and the Company.
k. COURT PROCEEDINGS: Consistent with the AAA Rules and applicable law, nothing in this Section 24 will be deemed to waive, preclude, or otherwise limit the right of either party to (i) bring an individual action in small claims court, where such court has jurisdiction over the Dispute; (ii) seek injunctive or interim relief from a court with jurisdiction to provide such relief; (iii) seek aid in support of the arbitration under applicable law; or (iv) seek to enforce or vacate (in whole or in part) the award under applicable law. If applicable law does not allow the arbitration of Disputes under this Agreement, then either you or the Company may instead commence dispute resolution proceedings in any court that has jurisdiction over the Dispute, and where venue is proper, subject to the terms of Section 24(l)(i-iii) below and all terms outlined in Sections 1-21 and 23-25.
I. IN ADDITION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY UNCONDITIONALLY WAIVE ANY RESPECTIVE RIGHTS TO A JURY TRIAL.
m. ADDITIONAL PROVISIONS APPLICABLE TO ALL DISPUTE RESOLUTION: The following additional provisions are applicable to the resolution of all Disputes, to the fullest extent allowed by applicable law, regardless of whether brought in arbitration, court, or any other type of formal dispute resolution proceeding:
(i) Time Limitation: Any Dispute shall be time-barred unless the party asserting the Dispute commences formal dispute resolution proceedings within one (1) year after the basis for such Dispute became known or should have become known to the party asserting the Dispute, provided, however, that the one-year period shall be deemed suspended during any informal settlement discussions following the receipt of a Notice of Dispute by any party pursuant to Section 24(e) above.
(ii) NO CLASS OR REPRESENTATIVE ACTIONS OR PROCEEDINGS: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(iii) No Consolidation: You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate in a consolidated proceeding.
25 Governing Law
25.1. To the fullest extent permitted pursuant to applicable law, this Agreement shall be governed by the laws of the State of Delaware, U.S.A. (to the exclusion of its conflict of law rules).
26 Notice and takedown procedures
26.1. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
26.1.1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
26.1.2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
26.1.3. Your name, address, telephone number and (if available) e-mail address.
26.1.4. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
26.1.5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
26.1.6. A signature or the electronic equivalent from the copyright holder or authorised representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
27 Other provisions
27.1. We may modify this Agreement from time to time if we think it is necessary (e.g. for legal reasons or to reflect changes in the App, website). If we materially change the Agreement, we will make the update Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice).
27.2. Once we change the Agreement, it will become legally binding on you thirty (30) days after we post it online. During that period, you are welcome to contact us at support@flo.health if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you email us), then unfortunately we need to ask you to cease using Flo App, and access the website. We are sorry we have to say that, but we hope you will appreciate that for Flo to work properly we need to have everyone using it under the same rules instead of different people having different rules. That is why we encourage you to get in contact if you have queries or concerns.
27.3. If you don’t agree to the new terms, you should stop using our services. Your continued use of the services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
27.4. Successors and Assigns. This agreement ensures the benefit of the parties, including any of our successors in interest. We have the right to assign our rights and obligations under this agreement to any affiliates or to any Flo Entity.
27.5. Severability. If for any reason an arbitrator, an arbitral or other tribunal, or a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in arbitral, judicial or administrative proceedings.
27.6. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
27.7. Upon termination of this Agreement, all provisions of this Agreement that by their nature, should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.
28 Questions, complaints and comments
28.1. If you have any comments or questions on any part of the App or any part of these Terms of Use, require support, or have any claims, please contact us at support@flo.health.
For residents of California, in accordance with California Civil Code § 1789.3, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The registered office of Flo Health UK Limited is 27 Old Gloucester Street, London, England, WC1N 3AX
28.2. When you contact us, we expect our staff to be polite and respectful. We expect the same of you. If you are rude to or abuse or threaten our staff we may restrict you to contacting us by email or refuse to support you any further. If your behaviour suggests a risk to our staff, our community or our business we may suspend your account and escalate the matter to law enforcement.