Flexpa Terms of Service
Last Updated December 23, 2024
Flexpa USA Inc. (“Flexpa”) operates a website, flexpa.com, an API, and a mobile application. These are the "Flexpa Platform." It lets users of Flexpa customers ("End Users" or "You") link their health data to third-party health applications. This is the "Flexpa Services." Access to the Flexpa Platform and Services is for End Users only. You must agree to these Terms of Service and the Privacy Policy (the "Agreement") before using the Flexpa Platform or Services. This Agreement is between You and Flexpa, a company organized under the laws of the State of Delaware. This Agreement governs your use of the Flexpa Platform and Services. This includes all related tools, and any successor websites or applications.
#1. Modifications to This Agreement
Flexpa may revise the Agreement at any time. If there are revisions, Flexpa will notify you by posting a notice on the Flexpa Website. The new revisions will be effective upon posting. By continuing to use the Flexpa Platform or Services after we post revisions, you agree to them.
#2. No Medical Advice
Flexpa is not responsible for any third-party content on Flexpa’s Platform or Services.
Any content from Flexpa or third parties on the Flexpa Platform or Services is for information only. It shouldn't replace professional medical advice. It's not meant for diagnosis or treatment decisions. Flexpa aims for accuracy but doesn't guarantee it. Therefore, it isn't liable for any errors or delays. End Users rely on this content at their own risk.
Some content may include Your Personal Health Information from Patient's records. Flexpa isn't your healthcare provider. Using the Flexpa Platform or Services does not create a patient-physician relationship. Flexpa is not responsible for the health information your provider maintains. For questions about your records, please contact your healthcare provider.
Flexpa is not a healthcare provider and lacks medical licensing. Our platform, services, and content are for informational use only. They do not offer medical advice, diagnosis, or treatment. Our content does not create a doctor-patient relationship. Our services are not substitutes for professional advice. We are not liable for third-party content or any related damages. Always consult your doctor for personal medical issues.
Do not ignore professional advice or delay treatment based on our information. In a crisis, contact a medical professional immediately.
Flexpa may, without notice, discontinue any services or content on the Flexpa Platform. It may also change specifications at any time, with no obligations to You or others.
#4. Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, process and share information about You, including the options You will have concerning Your data in the event that the ownership of all or substantially all of Flexpa’s business changes, or we undertake a corporate reorganization (including, but not limited to, a merger or consolidation) or any other transfer between Flexpa entities.
#5. Ownership
#a. Ownership by Flexpa
The content on the Flexpa Platform belongs to Flexpa or its affiliates. It includes text, graphics, logos, images, videos, audio, downloads, data, and software. "Flexpa Intellectual Property" is the platform's unique design and look. Flexpa or its affiliate is the exclusive owner of the Flexpa Intellectual Property. . The Flexpa Intellectual Property is protected by U.S. and international intellectual property laws.
Copyright © 2022 Flexpa. All rights reserved.
Flexpa's trademarks include its graphics, logos, icons, and service names, which appear on the Flexpa Platform (“Flexpa Trademarks”). The Flexpa Trademarks are protected and cannot be used without express consent from Flexpa. The Flexpa Platform may also display third-party names and marks.
Unauthorized use of our intellectual property is prohibited and may result in legal action.
All End User Personal Information and Personal Health Information shall belong to You and You maintain all right, title, and interest in and to the User Personal Information. Flexpa’s use of the Personal Information is governed by Flexpa’s Privacy Policy.
#7. User Submissions
Should You send Flexpa any feedback or data, such as ideas, comments, and suggestions or questions regarding the Flexpa Platform (“Feedback”), we will not treat the Feedback as confidential. We will not have any obligation concerning this Feedback. Flexpa is the owner of all right, title and interest in any such Feedback, and You agree to assign and hereby assign all such Feedback to without charge. As the sole and exclusive owner of such Feedback, Flexpa will be free to use the Feedback into the Flexpa Platform or Services, without compensation to You of any kind.
All materials and information provided by Flexpa to You and identified at the time of disclosure as “Confidential” or bearing a similar legend, and all other information that You reasonably should have known was the Confidential Information of Flexpa, shall be considered Confidential Information; for the avoidance of doubt, information regarding the Flexpa Platform or Service are Confidential Information of Flexpa. You shall maintain the confidentiality of the Confidential Information and will not disclose such information to any third-party without the prior written consent of Flexpa. This Section does not apply to any information that: (i) is made generally available to the public without breach of this Agreement, (ii) is developed by You independently from Flexpa’s Confidential Information, (iii) is disclosed to You by a third-party, who is not subject to any confidentiality obligations to Flexpa, without restriction, or (iv) was in Your lawful possession prior to the disclosure to You and was not obtained by You either directly or indirectly from Flexpa. At any time, upon Flexpa’s request, You shall return to Flexpa all of Flexpa’s Confidential Information in its possession, including, without limitation, all copies and extracts thereof.
You may view, copy, print and use content contained on the Flexpa Platform solely for Your own personal use, provided that: (1) it is used for Your internal or personal purposes only; (2) no text, graphics or other content available from the Flexpa Platform is modified or framed in any way; and (3) no graphics available from the Flexpa Platform are used, copied or distributed separate from accompanying text. The use of any content for commercial purposes is expressly prohibited, unless its use is subject to separately negotiated Services Agreement with Flexpa. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Flexpa or any third party, except as expressly provided in this section.
#10. Prohibited Uses
You shall not (and not allow any third party to):
- (a) use, copy, modify, adapt, combine, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, create derivative works, hyperlink, or transmit any content of the Flexpa Platform. Do not attempt to discover its source code, algorithms, or trade secrets, except as allowed by law;
- (b) rent or sell access to the Flexpa Platform or Services;
- (c) interfere with the integrity or performance of the Flexpa Platform, Services, or their data by: (1) attempting unauthorized access to the Services or its systems; or (2) knowingly, recklessly or negligently sending or storing harmful code, like viruses or worms;
- (d) impose an unreasonable load on the Flexpa Platform or our infrastructure;
- (e) use any device or software that interferes with the Flexpa Platform;
- (f) use the Flexpa Platform or Services in any illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or objectionable way, as determined by us;
- (g) interfere with any feature of the Flexpa Platform or Services, including security or access controls;
- (h) use Flexpa’s Confidential Information or its Intellectual Property to create any service or software that is similar to the Flexpa Platform or Services;
- (i) access information about (1) other Flexpa users, including their personal information, or (2) Flexpa's Confidential Information;
- (j) allow third parties to access or use the Flexpa Platform or its content, except as this Agreement permits or as agreed to in writing by Flexpa;
- (k) violate the security of any computer network or crack any passwords or encryption;
- (l) harvest or collect information about others, including email addresses; or
- (m) use the Flexpa Platform if prohibited by law.
You agree to use the Flexpa Platform for lawful purposes only. You may not post or transmit through the Flexpa Platform any material that: (1) violates or infringes the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or objectionable, (3) encourages conduct that would be a criminal offense or violate any law, or (4) contains advertising or solicitation without Flexpa's prior approval. Any conduct by You that, in our discretion, restricts or inhibits any other person from using or enjoying the Flexpa Platform will not be permitted.
You understand and agree that Flexpa may terminate or otherwise deny Your use of or access to the Flexpa Platform without notice in the event Flexpa believes that (1) You have violated a provision of this Agreement, (2) You have used or misused the Flexpa Platform in a manner that Flexpa has determined is unlawful, unethical or otherwise inappropriate, or (3) such action is reasonably necessary to protect a third party or Flexpa or if such action is otherwise required by law.
You acknowledge and agree (1) that Your use of or access to the Flexpa Platform is at Your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of or access to the Flexpa Platform is at Your own discretion and risk, and (3) that You are solely responsible for any damage to Your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.
#11. Third-Party Websites
The Flexpa Platform may link to third-party websites and applications. Clicking these links means you leave the Flexpa Platform. We won't warn you about this. Our agreement and policies no longer apply once you leave the Flexpa Platform. Once you leave the Flexpa Platform, you're then subject to the other website's terms, including its privacy policy. These third-party websites and applications aren't controlled by Flexpa. Therefore, Flexpa isn't responsible for them, and your use of these third-party website and applications is at your own risk. We offer these links for your convenience. We don't review, approve, endorse, or make any guarantee about these third-party websites or applications, nor their products or services. Do your due diligence before engaging with them. We recommend reviewing the third-party website's or application’s terms and policies, especially regarding privacy and data collection.
#12. No Endorsements
Any reference to a third party by name does not imply endorsement by Flexpa. This includes any pharmacy, physician, website, application, product, recording, event, process, publication, service, or offering. Any views expressed by third parties on the Flexpa Platform or through the Flexpa Services are solely the views of such third party and Flexpa assumes no responsibility for the accuracy or veracity of any statement made by such third party.
#13. Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FLEXPA, THE FLEXPA PLATFORM, FLEXPA SERVICES, AND FLEXPA CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLEXPA MAKES NO WARRANTY THAT THE FLEXPA PLATFORM, SERVICES, OR FLEXPA CONTENT A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. FLEXPA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE FLEXPA PLATFORM AND SERVICES AND FLEXPA CONTENT CONTAINED THEREIN. FLEXPA DOES NOT REPRESENT OR WARRANT THAT THE FLEXPA CONTENT ON THE FLEXPA PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE FLEXPA PLATFORM. WHILE FLEXPA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE FLEXPA PLATFORM AND CONTENT SAFE, FLEXPA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE FLEXPA PLATFORM, SERVICES, AND CONTENT ARE MADE AVAILABLE THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. YOU ACKNOWLEDGE THAT USE OF THE INTERNET IS INHERENTLY UNRELIABLE AND FLEXPA DOES NOT WARRANT THAT THE FLEXPA PLATFORM OR SERVICES OR USER’S ACCESS THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE FLEXPA PLATFORM OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR YOUR USE OF THE FLEXPA PLATFORM OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS TO APPLICATIONS; (D) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE FLEXPA PLATFORM OR FLEXPA SERVICE.
The Flexpa Platform may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Flexpa cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Flexpa is not responsible for any such failures.
No advice or information from Flexpa in any manner will create any warranty as to the Flexpa Platform or Flexpa Service. If for any reason User is not satisfied with the Flexpa Platform or Services, Your sole remedy is to cease using or accessing the Flexpa Platform or Services.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
#14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLEXPA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE FLEXPA PLATFORM, FLEXPA SERVICES OR THIRD-PARTY WEBSITES AND THIRD-PARTY APPLICATIONS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FLEXPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE FLEXPA PLATFORM, FLEXPA SERVICES OR THIRD-PARTY WEBSITES AND THIRD-PARTY APPLICATIONS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FLEXPA ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE FLEXPA PLATFORM AND SERVICES AND FLEXPA CONTENT EXCEED FIVE HUNDRED U.S. DOLLARS ($500).
#15. Indemnification
You agree to defend, indemnify, and hold harmless Flexpa and its vendors, affiliates, and their officers, directors, employees, and agents (“Flexpa Parties”) from and against all actual or alleged third-party claims, damages, attorneys' fees, court costs, settlement costs, and costs of any kind (“Claims”), whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise. This applies to any damages to property or personal injury caused by or related to: (a) Your use or misuse of the Flexpa Platform, Services, or Content, (b) any feedback You provide, (c) Your violation of the Agreement, (d) Your violation of a third party's rights, or (e) the entry, use, or sharing of the User Data. You agree to promptly notify Flexpa of any third party Claims and cooperate with the Flexpa Parties in defending such Claims. You further agree that the Flexpa Parties shall have the right to participate in the defense of any such claim, subject to Your indemnification obligation.
#16. Governing Law & Disputes
This Agreement, Your access to and use of the Flexpa Platform shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California, and the United States, respectively, sitting in the State of California.
Please read this “Arbitration and Class Action/Jury Trial Waiver” section carefully. It is an integral part of this Agreement and affects Your rights with respect to dispute resolution and the remedies You may have. It also contains a class action waiver.
For any dispute You may have with us, You agree to first contact us at support@flexpa.com and to work with us in good faith to resolve the dispute informally. In the event we are not able to resolve Your dispute within sixty (60) calendar days after You brought it to our attention, You and we mutually agree to resolve any claim, dispute, or controversy (excluding claims that qualify for small claims court and claims for equitable relief, as provided below) arising out of or in connection with this Agreement or Your access or use of the Flexpa Platform (collectively, “Claims”) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. Information about JAMS, including contact information, can be found at www.jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Claims relating to the interpretation, applicability, enforceability or formation of the Arbitration Section in this Agreement, including but not limited to any claim that all or any part of this Arbitration Section is void or voidable. The judgment of the arbitrator and the award of the arbitrator is final and binding on You and us.
The arbitration will be conducted in San Francisco, California, unless You and we agree otherwise. JAMS may require You to pay a fee for the initiation of Your case, unless You apply for and obtain a fee waiver from JAMS. The award rendered by the arbitrator may include Your costs of arbitration, Your reasonable attorney’s fees, and Your reasonable costs for expert and other witnesses.
You must bring all Claims in Your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. By agreeing to this Agreement, You are waiving the right to a trial by jury or to participate in any class or representative proceeding.
Nothing in this Arbitration Section will be deemed as preventing You or we from seeking equitable relief from the courts as necessary and applicable, nor for adjudicating a Claim in small claims court if that Claim qualifies so long as the Claim remains in such court and advanced only on an individual basis, not a class or representative basis.
If You have any questions about this Agreement, please contact us at:
Flexpa USA Inc. 1209 Orange Street Wilmington, Delaware 19801 support@flexpa.com