Fluent Wellness

This Customer Agreement (the "Agreement") is a binding legal contract between you and Fluent Wellness, LLC, a California limited liability company ("Fluent", "we", "us", or "our"). It governs your access to and use of the Fluent Wellness web application at app.fluentwellness.com, the Fluent Wellness iPhone application, the website at www.fluentwellness.com, and all related features, content, and services we offer (together, the "Services"). Please read it carefully.

IMPORTANT NOTICE: SECTION 20 OF THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 20, YOU AND FLUENT AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

FLUENT IS A WELLNESS AND INFORMATIONAL SERVICE. IT IS NOT A MEDICAL SERVICE, DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT A SUBSTITUTE FOR A LICENSED HEALTHCARE PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. SEE SECTION 3.

1. Acceptance of this Agreement

By creating an account, clicking to accept, or accessing or using any part of the Services, you agree to be bound by this Agreement, our Service Terms, and our Privacy Policy, each of which is incorporated into this Agreement by reference. If you do not agree, you may not use the Services.

If there is a conflict between this Agreement and the Service Terms, this Agreement controls unless the Service Terms expressly state otherwise for a specific matter.

2. Eligibility

You may use the Services only if you:

are at least 18 years old;
are able to form a binding contract with Fluent;
are not barred from using the Services under the laws of the United States or any other applicable jurisdiction; and
are using the Services for your own personal, non-commercial health and wellness purposes.

The Services are operated from the United States and are intended for people located in the United States. We make no representation that the Services are appropriate or available in other locations, and you are responsible for compliance with local laws if you access the Services from elsewhere.

3. Not Medical Advice; No Professional Relationship

Fluent Wellness is a wellness and informational tool. It helps you organize your health information, read your lab results in plain language, set goals, and receive general, informational wellness guidance, including guidance generated by artificial intelligence.

No medical advice. Nothing in the Services, including AI-generated chat responses, insights, suggestions, summaries, trend charts, goal drafts, and test recommendations, is medical advice, diagnosis, treatment, or a substitute for the judgment of a qualified healthcare professional. Content is provided for general informational and educational purposes only.
No professional relationship. Using the Services does not create a physician-patient, provider-patient, or any other professional or fiduciary relationship between you and Fluent. Fluent is not a healthcare provider, a laboratory, a pharmacy, or a licensed professional of any kind, and Fluent does not practice medicine.
Always consult a professional. Always seek the advice of your physician or another qualified healthcare professional with any questions you have about a medical condition, a medication, a supplement, a lab result, or a change to your diet or exercise. Never disregard, delay, or discontinue professional medical advice, or stop or change a prescribed medication, because of something you read or received through the Services.
Emergencies. The Services are not designed for, and must not be used for, emergencies. If you think you may have a medical emergency, call 911 or your local emergency number, or go to the nearest emergency room, immediately.
Lab results and reference ranges. Lab values, reference ranges, and flags shown in the Services come from the documents you upload, the records you import, or third-party sources, and may be incomplete, transcribed imperfectly, or presented differently than by your laboratory or provider. Reference ranges vary by laboratory, method, age, sex, and other factors. Confirm any result with the issuing laboratory or your provider before acting on it.
Not a covered entity. Fluent is not a "covered entity" or "business associate" under the Health Insurance Portability and Accountability Act ("HIPAA"), and the information you provide to Fluent is not protected health information under HIPAA. We protect your information as described in our Privacy Policy and in Section 11 of the Privacy Policy, but HIPAA does not apply to the Services.
Not a medical device. The Services are not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition, and are not a medical device.

You acknowledge that you have read and understood this Section and that you are solely responsible for any decision you make based on information obtained through the Services.

4. Your Account

Registration. To use most features you must create an account. Accounts are authenticated through a third-party identity provider, and you may be offered the option to sign in with another service such as Apple or Google. Your use of those services is governed by their terms.
Accuracy. You agree to provide accurate, current, and complete information and to keep it updated. Fluent may rely on the information you provide.
One account per person. You may hold only one account, and you may not create an account for anyone else, use another person's account, or enter another person's health information without that person's authorization.
Security. You are responsible for safeguarding your credentials and your devices, and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at support@fluentwellness.com if you believe your account has been compromised. We are not liable for any loss arising from unauthorized use of your account that results from your failure to protect your credentials or devices.
Verification. We may require you to verify your email address or other information before you can use certain features, and we may suspend accounts that fail verification.

5. Your Content

Definition. "Your Content" means all information, documents, files, images, text, and other materials that you upload to, enter into, or import into the Services, including lab reports, medical documents, profile details, goals, notes, chat messages, and information imported from Apple Health.
Ownership. You retain all ownership rights you have in Your Content. Fluent does not claim ownership of Your Content.
License to Fluent. So that we can operate the Services for you, you grant Fluent a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers only) license to host, store, copy, transmit, process, analyze, transcribe, reformat, create structured and derivative versions of, display, and otherwise use Your Content solely to provide, secure, maintain, support, and improve the Services and to comply with law, as described in our Privacy Policy. This license ends when you delete the relevant content or your account, except to the extent that (a) Your Content has been shared with others at your direction, (b) copies persist in routine backups for a limited period, or (c) we are required or permitted by law to retain it.
Your responsibilities. You represent and warrant that you own or have all rights necessary to submit Your Content and grant the license above; that Your Content is accurate to the best of your knowledge; that it does not infringe or violate the rights of any third party, including privacy, publicity, and intellectual property rights; and that it does not violate any law or this Agreement. You are solely responsible for Your Content.
Structured versions. When you upload a document, we store your original file and create a structured, machine-readable version of it using automated tools, including AI. Structured versions may contain errors or omissions. You may delete an upload at any time, which removes both the original file and its structured version from active systems.
No monitoring obligation. We do not review Your Content for accuracy or legality and have no obligation to do so, but we may remove or refuse content that we reasonably believe violates this Agreement or the law.

6. AI Features and Output

Nature of AI. The Services use artificial intelligence models operated by third-party providers on infrastructure we control to generate chat responses, summaries, insights, suggestions, goal drafts, and transcriptions (together, "Output"). AI models are probabilistic. Output may be inaccurate, incomplete, outdated, biased, or inappropriate, may not reflect your full health picture, and may differ from one request to the next. You must independently evaluate all Output and must not rely on it as a sole basis for any health, medical, financial, legal, or other decision.
Your rights in Output. Subject to your compliance with this Agreement, you may use the Output generated for you for your own personal purposes. Because Output is generated by automated systems, similar or identical Output may be generated for other users, and we do not warrant that Output is unique to you.
Restrictions. You may not use the Services or Output to develop, train, fine-tune, or improve any machine learning or artificial intelligence model or any product or service that competes with the Services, or represent Output as human-generated professional advice.
Processing. To generate Output, we send relevant portions of Your Content, including your profile, goals, chats, and lab results, to the AI provider described in our Privacy Policy, which processes it on our behalf and does not use it to train its models.
Limits. AI features are subject to usage allowances, rate limits, and content policies described in the Service Terms. We may decline to generate Output that we reasonably believe would be harmful, unlawful, or outside the scope of the Services.

7. Lab Tests and Third-Party Testing Services

Catalog. The Services may display a catalog of laboratory tests offered by third-party laboratories or testing providers, with descriptive information and indicative prices. The catalog is provided for your convenience and information only.
Purchases are with the provider. Fluent does not sell, order, process, collect, perform, or fulfill any laboratory test. If you choose to purchase a test, you do so directly from the third-party provider through its own website, subject to its own terms, conditions, privacy policy, pricing, and availability. Fluent is not a party to that transaction and has no responsibility for it.
Prices and availability. Prices, descriptions, and availability shown in the catalog are indicative, may be out of date, and may vary by state or location. The provider's own website controls.
No medical necessity determination. A test's appearance in the catalog, or a suggestion by the Services that a test may be relevant, is not a determination that the test is medically necessary or appropriate for you. Some tests are subject to state laws, physician authorization requirements, or age restrictions imposed by the provider.
Results. Results are issued by the laboratory or provider. Fluent's role is limited to storing, transcribing, and presenting the results you choose to upload or import, subject to Section 3.

8. Specialists and Third-Party Practitioners

The Services may, now or in the future, help you find or connect with independent healthcare practitioners, coaches, or other specialists ("Practitioners"). Practitioners are independent third parties, not employees, agents, or partners of Fluent. Fluent does not recommend, endorse, or vouch for any Practitioner, does not verify credentials beyond what may be expressly stated, and is not responsible for any advice, service, or care a Practitioner provides. Any relationship you form with a Practitioner is solely between you and that Practitioner and is subject to the Practitioner's own terms and policies. You are responsible for evaluating any Practitioner before engaging them.

9. Plans, Subscriptions, Billing, and Cancellation

Plans. Some features require a paid subscription plan. Plan names, features, allowances, and prices are described in the Services and may change over time as provided in Section 22. Feature availability is determined by the plan associated with your account as recorded on our systems, which is authoritative.
Automatic renewal. PAID PLANS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL, AS SELECTED) AT THE THEN-CURRENT PRICE UNTIL YOU CANCEL. By subscribing, you authorize Fluent, or the applicable app store, to charge your payment method on a recurring basis without further authorization from you until you cancel.
Where you are billed. Subscriptions purchased on the web are processed by our third-party payment processor, which stores your payment details; Fluent does not store full payment card numbers. Subscriptions purchased in the iPhone app are processed by Apple through the App Store and are governed by Apple's terms and policies, including Apple's refund policies.
Free trials and promotions. If we offer a free trial or promotional price, the trial or promotion converts to a paid subscription at the standard price at the end of the trial or promotional period unless you cancel before then. We will disclose the length of the trial and the price that will be charged before you start it.
How to cancel. You may cancel a web subscription at any time through the billing portal available in your account settings, and an App Store subscription through your Apple ID subscription settings. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until then. You will not be charged again after cancellation, but fees already paid are not refunded except as described below.
Price changes. We may change subscription prices. We will give you at least 30 days' notice of any price increase by email or through the Services before it takes effect for your next renewal. If you do not agree to the new price, you may cancel before the renewal.
Refunds. Except where required by applicable law, or as expressly stated in the Services at the time of purchase, all fees are non-refundable and there are no refunds or credits for partial periods, unused allowances, downgrades, or periods during which your account was suspended for a violation of this Agreement. Refunds for App Store purchases are handled by Apple under Apple's policies.
Failed payments. If a payment fails, we may retry it, suspend or downgrade paid features, or terminate your subscription. You remain responsible for any unpaid amounts.
Taxes. Prices exclude taxes unless stated otherwise. You are responsible for any sales, use, value-added, or similar taxes applicable to your purchase, which may be added at checkout.
Usage allowances. Paid plans include usage allowances for AI features and storage described in the Service Terms. We may throttle or pause features when an allowance is exhausted until the next period begins.

10. Acceptable Use

You agree that you will not, and will not permit anyone else to:

use the Services for any unlawful, harmful, fraudulent, deceptive, or abusive purpose, or in violation of any applicable law or regulation;
use the Services to provide medical, clinical, or professional care or advice to others, or to make clinical decisions for anyone;
upload, enter, or import information about another person without that person's authorization;
upload content that is unlawful, defamatory, obscene, infringing, or that contains malware or other harmful code;
access, scrape, crawl, or harvest the Services or any content by automated means, or use bots, scripts, or other automated methods to interact with the Services, except through any interfaces we expressly make available for that purpose;
probe, scan, or test the vulnerability of the Services, breach or circumvent any security or authentication measure, or access data or accounts you are not authorized to access;
interfere with or disrupt the Services, or impose an unreasonable load on our infrastructure;
circumvent, disable, or exceed usage allowances, rate limits, plan restrictions, or entitlement checks;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, prompts, or underlying components of the Services, except to the extent such restriction is prohibited by law;
copy, modify, distribute, sell, rent, sublicense, or create derivative works of the Services or any content we provide, except as expressly permitted by this Agreement;
use the Services or Output to build a competing product or service, or to train, evaluate, or improve any artificial intelligence or machine learning model;
remove or alter any proprietary notice, or misrepresent your affiliation with any person or entity;
attempt to manipulate AI features to produce content that violates this Agreement, or use the Services to harass, threaten, or harm anyone; or
share, resell, or make the Services available to third parties, or use the Services on behalf of a third party.

We may investigate suspected violations and take any action we deem appropriate, including removing content, suspending or terminating accounts, and reporting to law enforcement.

11. Intellectual Property and License to You

Our property. The Services, including all software, code, models, prompts, designs, text, graphics, logos, trademarks, data compilations (including the lab catalog as compiled by us), and other content and materials provided by Fluent, and all intellectual property rights in them, are owned by Fluent or its licensors and are protected by copyright, trademark, trade secret, and other laws. Except for the limited license expressly granted below, no rights are granted to you, and all rights are reserved.
Your license. Subject to your compliance with this Agreement, Fluent grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, and to install and use the iPhone application on Apple-branded devices that you own or control, solely for your personal, non-commercial use.
Trademarks. "Fluent Wellness", the Fluent spark mark, and our other names and logos are trademarks of Fluent Wellness, LLC. You may not use them without our prior written permission. Other names and logos, including Apple, iPhone, Apple Health, HealthKit, and App Store, are the property of their respective owners.
Feedback. If you provide suggestions, ideas, or other feedback about the Services, you grant Fluent a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you.

12. Mobile Application and App Store Terms

Mobile license. The license in Section 11 applies to the Fluent Wellness iPhone application (the "App"). You must comply with the usage rules set forth in the App Store terms of service.
Device permissions. The App may request access to features on your device, such as the Health app, the camera, photos, files, and notifications. Access is optional and controlled by you through your device settings. Declining or revoking access may limit certain features.
Updates. We may release updates to the App and may require you to install the current version to continue using it. Older versions may stop working.
Apple-specific terms. The following terms apply to the App when downloaded from the Apple App Store: (a) this Agreement is between you and Fluent only, and not with Apple Inc. ("Apple"), and Fluent, not Apple, is solely responsible for the App and its content; (b) your license to the App is limited to use on Apple-branded products that you own or control, as permitted by the usage rules in the App Store terms of service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where available; (c) Apple has no obligation to furnish any maintenance or support services with respect to the App; (d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App to you, if any, and, to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Fluent's sole responsibility; (e) Fluent, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation; (f) in the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Fluent, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim; (g) you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (h) you must comply with applicable third-party terms of agreement when using the App; and (i) Apple and its subsidiaries are third-party beneficiaries of this Agreement as it relates to the App, and upon your acceptance of this Agreement Apple will have the right, and will be deemed to have accepted the right, to enforce it against you as a third-party beneficiary.
Contact for the App. Questions, complaints, or claims regarding the App should be directed to Fluent Wellness, LLC at support@fluentwellness.com.

13. Third-Party Services and Links

The Services rely on and may link to third-party services, including identity providers, payment processors, cloud and AI infrastructure, laboratories and testing providers, Apple Health, and Practitioners. Third-party services are governed by their own terms and privacy policies. Fluent does not control and is not responsible for the availability, accuracy, content, products, or services of any third party, and a link or integration does not imply endorsement. Your dealings with third parties are solely between you and them.

14. Privacy

Our collection, use, and sharing of information about you is described in our Privacy Policy. By using the Services you acknowledge that you have read it. Because health information is sensitive, you control what health information you share with the Services, and you may delete it as described in the Privacy Policy and the Service Terms.

15. Beta, Preview, and Experimental Features

We may offer features identified as beta, preview, early access, experimental, or "coming soon" ("Beta Features"). Beta Features are provided for evaluation, may be changed, suspended, or discontinued at any time without notice, may contain errors, and may not work as expected. Beta Features are provided "as is" without warranty of any kind, and our liability for Beta Features is limited to the fullest extent permitted by law. Feedback about Beta Features is subject to Section 11.

16. Suspension and Termination

By you. You may stop using the Services at any time and may delete your account from within the Services. Deleting your account permanently removes your account and Your Content from active systems as described in the Service Terms and Privacy Policy. If you have an active subscription, you must cancel it separately as described in Section 9; deleting your account does not automatically cancel an App Store subscription.
By Fluent. We may suspend, restrict, or terminate your access to all or part of the Services, with or without notice, if we reasonably believe that (a) you have violated this Agreement, the Service Terms, or applicable law; (b) your use poses a security, legal, or operational risk to Fluent, other users, or third parties; (c) your account has been inactive for an extended period; (d) required by law or a governmental request; or (e) we discontinue the Services or a material part of them. Where practicable we will give you notice and an opportunity to export Your Content.
Effect. Upon termination, your license to use the Services ends, and we may delete Your Content in accordance with our retention practices. Sections that by their nature should survive termination, including Sections 3, 5 (as to the license for retained copies), 6, 11, 13, 17 through 21, and 25, will survive.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL CONTENT, AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FLUENT AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, FLUENT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT, OUTPUT, INSIGHT, TRANSCRIPTION, LAB VALUE, REFERENCE RANGE, OR RECOMMENDATION WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR SUITABLE FOR YOUR NEEDS. YOU USE THE SERVICES AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLUENT OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, our warranties are limited to the minimum extent permitted by law.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLUENT OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, ILLNESS, OR DEATH ARISING FROM RELIANCE ON THE SERVICES OR OUTPUT, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FLUENT AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO FLUENT FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

The limitations in this Section apply even if a limited remedy fails of its essential purpose, and reflect a reasonable allocation of risk that is an essential basis of the bargain between you and Fluent. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you; in that case, our liability is limited to the fullest extent permitted by law.

19. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Fluent and its members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) Your Content; (b) your use or misuse of the Services or Output; (c) your violation of this Agreement, the Service Terms, or applicable law; (d) your violation of any rights of another person or entity, including privacy and intellectual property rights; or (e) any decision you make or action you take based on the Services or Output. Fluent may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense. You may not settle any such claim without our prior written consent.

20. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Informal resolution first. Before starting an arbitration or lawsuit, you and Fluent agree to try to resolve any dispute informally. You will send a written notice describing the dispute and the relief you seek to legal@fluentwellness.com, and Fluent will send any notice to the email address associated with your account. The parties will make a good-faith effort to resolve the dispute within sixty (60) days after the notice is received. If it is not resolved, either party may proceed as described below. The 60-day period, and any statute of limitations, is tolled while informal resolution is pending.
Agreement to arbitrate. Except as provided below, you and Fluent agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Service Terms, the Privacy Policy, or the Services, including their formation, interpretation, breach, termination, enforceability, or validity, and including disputes about the scope or enforceability of this arbitration provision ("Disputes"), will be resolved exclusively by final and binding arbitration before a single neutral arbitrator, rather than in court. This provision is governed by the Federal Arbitration Act.
Arbitration rules and forum. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures, or, if JAMS is unavailable, by the American Arbitration Association under its Consumer Arbitration Rules, in each case as modified by this Agreement. The arbitrator will apply this Agreement and applicable law, may award any relief a court could award on an individual basis, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Arbitration will take place in Orange County, California, or, at your election, by video conference, telephone, or written submissions. Fluent will pay all arbitration filing, administrative, and arbitrator fees for claims by consumers where required by the applicable rules or law, and will not seek attorneys' fees from you unless the arbitrator determines your claim was frivolous or brought in bad faith.
Exceptions. Either party may (a) bring an individual claim in small claims court if the claim qualifies; and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights or to stop unauthorized use of the Services. Nothing in this Section prevents you from reporting concerns to a government agency.
Class action and jury waiver. YOU AND FLUENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND FLUENT EACH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court, and the remaining claims will be arbitrated.
Mass arbitration. If twenty-five (25) or more similar demands for arbitration are filed against Fluent by the same or coordinated counsel, the parties agree that the demands will be resolved in staged batches under the applicable provider's mass arbitration procedures, with the results of an initial group of bellwether cases informing good-faith settlement discussions before further batches proceed, and that statutes of limitations are tolled while this process is pending.
Thirty-day right to opt out. You may opt out of this arbitration provision and class action waiver by sending a written notice to legal@fluentwellness.com within thirty (30) days after you first accept this Agreement, stating your name, the email address associated with your account, and that you wish to opt out of arbitration. Opting out will not affect any other part of this Agreement.
Changes. If Fluent changes this Section after you accept this Agreement, you may reject the change by notifying us in writing within thirty (30) days, in which case the prior version will continue to apply to Disputes between you and Fluent.
Severability. If any part of this Section is found unenforceable, the remainder will remain in effect, except as provided in the class action waiver paragraph.

21. Governing Law and Venue

This Agreement and any Dispute are governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflict-of-law principles. Subject to Section 20, you and Fluent agree that any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Orange County, California, and you consent to personal jurisdiction and venue in those courts.

22. Changes to the Services and to this Agreement

Changes to the Services. The Services evolve. We may add, modify, suspend, or discontinue features, allowances, or the Services as a whole at any time. Where a change materially reduces core paid functionality you rely on, we will use reasonable efforts to notify you in advance.
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, by email, or by other reasonable means at least fourteen (14) days before they take effect, unless the change is required by law or addresses a new feature, in which case it may take effect immediately. The "last updated" date at the top of this page shows when the Agreement was last revised. Your continued use of the Services after a change takes effect constitutes acceptance. If you do not agree, you must stop using the Services and may delete your account.

23. Electronic Communications and Notices

Consent to electronic communications. By using the Services, you consent to receive communications from Fluent electronically, including by email and through notices in the Services, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.
Notices to you. We may give you notice by email to the address associated with your account, by posting in the Services, or by push notification if enabled. Keep your email address current.
Notices to Fluent. Legal notices to Fluent must be sent by email to legal@fluentwellness.com and by mail to Fluent Wellness, LLC, Attn: Legal, 999 Corporate Dr, Ste 100, Ladera Ranch, CA 92694, United States.
California consumer notice. Under California Civil Code Section 1789.3, California residents are entitled to the following notice: the Services are provided by Fluent Wellness, LLC, 999 Corporate Dr, Ste 100, Ladera Ranch, CA 92694. To resolve a complaint regarding the Services or to receive further information regarding their use, contact us at support@fluentwellness.com, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24. Export Controls and Sanctions

You may not use or export the Services or the App in violation of U.S. export laws and regulations or economic sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to a comprehensive U.S. embargo, and that you are not on any U.S. Government list of prohibited or restricted parties.

25. General Terms

Entire agreement. This Agreement, together with the Service Terms and the Privacy Policy, is the entire agreement between you and Fluent regarding the Services and supersedes all prior agreements and understandings.
Assignment. You may not assign or transfer this Agreement or any rights under it without our prior written consent, and any attempt to do so is void. Fluent may assign this Agreement without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing.
Severability. If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force, subject to Section 20.
Force majeure. Fluent is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, governmental action, internet or utility failures, or failures of third-party services.
Relationship. You and Fluent are independent contracting parties. This Agreement does not create any partnership, joint venture, employment, agency, or fiduciary relationship.
No third-party beneficiaries. Except as expressly provided in Section 12 with respect to Apple, this Agreement does not confer any rights on any third party.
Interpretation. Headings are for convenience only. "Including" means "including without limitation." No rule of strict construction will be applied against either party.
Statute of limitations. To the extent permitted by law, any claim arising out of or relating to the Services must be brought within one (1) year after the claim accrues, or it is permanently barred.

26. Contact Us

Questions about this Agreement may be sent to legal@fluentwellness.com, or by mail to Fluent Wellness, LLC, Attn: Legal, 999 Corporate Dr, Ste 100, Ladera Ranch, CA 92694, United States. For support, contact support@fluentwellness.com.