Welcome to Fluent Wellness. This Customer Agreement ("Agreement") is a binding contract between you and Fluent Wellness, LLC ("Fluent", "we", "us", or "our"). It governs your access to and use of the Fluent Wellness application, websites, and related services (together, the "Services"). Please read it carefully.
1. Acceptance of this Agreement
By creating an account, accessing, or using the Services, you agree to this Agreement, our Service Terms, and our Privacy Policy, each of which is incorporated by reference. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that the information you provide is accurate and complete.
3. Your Account
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Please notify us promptly of any unauthorized use. We use a third-party identity provider to authenticate accounts.
4. The Services
Fluent Wellness helps you organize your health information, understand your lab results, and receive personalized, informational wellness guidance. Features may include AI-assisted chat, health insights, goal tracking, and secure document storage. We may add, change, or remove features over time.
5. Not Medical Advice
Fluent Wellness is a wellness and informational tool. It is not a medical device, and it does not provide medical advice, diagnosis, or treatment. Content generated by the Services, including AI responses and insights, is for general informational purposes only and is not a substitute for professional medical judgment. Always consult a qualified healthcare professional with questions about your health, and never disregard or delay seeking medical advice because of something you read in the Services. If you think you may have a medical emergency, call your doctor or emergency services immediately.
6. Plans, Fees, and Billing
Certain features require a paid subscription. Plan names, features, and prices are described in the app and may change. Paid plans renew automatically until canceled. When billing is enabled, fees are processed by our third-party payment processor, and by subscribing you authorize recurring charges to your payment method. Except where required by law, fees are non-refundable.
7. Your Information and Content
You retain ownership of the information and documents you provide ("Your Content"). You grant Fluent a limited license to host, process, and use Your Content solely to operate and improve the Services and to provide features to you, as described in our Privacy Policy. When you upload a document such as a lab report, we securely store both your original file and a structured version we create from it, and you may delete them at any time. You are responsible for the accuracy of Your Content and for having the right to share it.
8. Acceptable Use
You agree not to:
- use the Services for any unlawful, harmful, or fraudulent purpose;
- upload content you do not have the right to share, or that infringes the rights of others;
- attempt to disrupt, reverse engineer, or gain unauthorized access to the Services;
- use the Services to provide medical care to others or to make clinical decisions.
9. Intellectual Property
The Services, including all software, design, and content provided by Fluent, are owned by Fluent and its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use, subject to this Agreement.
10. Third-Party Services
The Services rely on third-party providers for hosting, authentication, artificial intelligence processing, and payments. Your use of the Services may be subject to those providers' terms, and we are not responsible for their acts or omissions.
11. Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that any content or insight will be accurate or complete.
12. Limitation of Liability
To the maximum extent permitted by law, Fluent and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of the Services. Our total liability for any claim relating to the Services will not exceed the amount you paid to Fluent in the twelve months before the claim.
13. Indemnification
You agree to indemnify and hold harmless Fluent from any claims, damages, and expenses arising out of your use of the Services, Your Content, or your breach of this Agreement.
14. Term and Termination
This Agreement remains in effect while you use the Services. You may stop using the Services at any time. We may suspend or terminate your access if you violate this Agreement or if we discontinue the Services. Provisions that by their nature should survive termination will survive.
15. Changes to this Agreement
We may update this Agreement from time to time. If we make material changes, we will provide notice through the Services or by other reasonable means. Your continued use after changes take effect constitutes acceptance of the updated Agreement.
16. Governing Law and Disputes
This Agreement is governed by the laws of the state in which Fluent is organized, without regard to conflict-of-law principles. Any disputes will be resolved in the courts located in that jurisdiction, unless applicable law requires otherwise.
17. Contact Us
Questions about this Agreement can be sent to legal@fluentwellness.com.