Terms of Service
Last Updated: November 10, 2024
Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of FluidBalance's mobile application and website (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
Critical Disclaimers
1. NOT A MEDICAL DEVICE
FluidBalance is a wellness and educational tool, NOT a medical device. The Service does not diagnose, treat, cure, or prevent any disease or medical condition. It is not intended to replace professional medical advice, diagnosis, or treatment.
2. NOT HIPAA-COMPLIANT
FluidBalance is NOT HIPAA-compliant at this time. While we implement HIPAA-like privacy practices, the Service should not be used for storing or transmitting Protected Health Information (PHI) that requires HIPAA compliance.
3. CONSULT HEALTHCARE PROVIDERS
Always consult your healthcare provider before starting any dietary tracking, making dietary changes, or using FluidBalance data for health decisions. Your healthcare provider should set your dietary goals and restrictions.
Eligibility
To use the Service, you must:
- Be at least 13 years of age
- Have the legal capacity to enter into these Terms
- Not be prohibited from using the Service under applicable law
- If under 18, have parental or guardian consent and supervision
Account Registration and Security
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information
- Keep your password secure and confidential
- Notify us immediately of unauthorized access
- Be responsible for all activities under your account
- Not share your account with others
We reserve the right to suspend or terminate accounts that violate these Terms.
Acceptable Use
You agree NOT to:
- Use the Service for any illegal purpose
- Violate any laws or regulations
- Infringe on intellectual property rights
- Upload malicious code or viruses
- Attempt to gain unauthorized access to the Service
- Interfere with or disrupt the Service
- Scrape, crawl, or harvest data from the Service
- Impersonate others or provide false information
- Use the Service to harm, harass, or threaten others
- Reverse engineer or decompile the Service
- Use the Service for medical diagnosis or treatment
User Content
You retain ownership of content you submit to the Service ("User Content"), including dietary logs, photos, and notes. By submitting User Content, you grant us:
- A worldwide, non-exclusive, royalty-free license to use, store, and process your User Content to provide the Service
- The right to create de-identified, aggregated data for research and analytics
You represent and warrant that:
- You own or have rights to your User Content
- Your User Content does not violate any laws or third-party rights
- Your User Content does not contain harmful or offensive material
Intellectual Property Rights
The Service and its content (excluding User Content) are owned by FluidBalance and protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes. You may not:
- Copy, modify, or distribute the Service
- Create derivative works
- Remove copyright or proprietary notices
- Use our trademarks without permission
Subscriptions and Payments
FluidBalance offers both free and premium subscription options.
Premium Subscriptions
- Subscriptions are billed in advance on a recurring basis
- Prices are subject to change with 30 days' notice
- Subscriptions auto-renew unless canceled
- Cancellations take effect at the end of the current billing period
- No refunds for partial periods
Payment Processing
Payments are processed through Apple App Store (iOS) or Google Play Store (Android). Billing and refund policies are subject to their terms.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
We disclaim all warranties, express or implied, including:
- Warranties of merchantability and fitness for a particular purpose
- Warranties of accuracy, reliability, or completeness
- Warranties that the Service will be uninterrupted or error-free
- Warranties regarding security or data loss
We do not warrant that the Service is suitable for medical use or that dietary data is medically accurate.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUIDBALANCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
This includes damages for:
- Loss of profits, data, or use
- Personal injury or property damage
- Health complications or medical issues
- Reliance on Service data for medical decisions
- Unauthorized access to your account
Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
Indemnification
You agree to indemnify and hold harmless FluidBalance, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any laws or third-party rights
- Your User Content
- Your reliance on Service data for medical decisions
Third-Party Services and Links
The Service may integrate with or link to third-party services (e.g., Apple Health, Google Fit, food databases). We are not responsible for:
- The availability, accuracy, or content of third-party services
- Third-party privacy practices or terms of service
- Any damages resulting from third-party services
Your use of third-party services is subject to their terms and policies.
Termination
Your Rights: You may terminate your account at any time by contacting us or using in-app settings.
Our Rights: We may suspend or terminate your access to the Service at any time, with or without notice, for:
- Violation of these Terms
- Fraudulent or illegal activity
- Harm to other users or the Service
- Non-payment of fees
- Any reason at our sole discretion
Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination (e.g., disclaimers, limitations of liability) will remain in effect.
Dispute Resolution and Arbitration
Informal Resolution: Before filing a claim, you agree to contact us to attempt to resolve the dispute informally.
Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration, not in court. You waive your right to a jury trial.
Class Action Waiver: You agree to bring claims only in your individual capacity, not as part of a class action.
Exceptions: Small claims court and injunctive relief are exempt from arbitration.
Governing Law
These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles. Any disputes not subject to arbitration shall be brought in the courts of [Your Jurisdiction].
Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by:
- Posting updated Terms on this page
- Updating the "Last Updated" date
- Sending email notification (for significant changes)
- Displaying in-app notification
Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.
Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and FluidBalance
- Severability: If any provision is invalid, the remaining provisions remain in effect
- Waiver: Failure to enforce any provision does not waive our right to enforce it later
- Assignment: You may not assign these Terms; we may assign them without notice
- Force Majeure: We are not liable for delays due to circumstances beyond our control
Contact Us
If you have questions about these Terms, please contact us:
Final Reminder
FluidBalance is a wellness and educational tool, NOT a medical device or medical service.
Do not use FluidBalance for medical diagnosis, treatment, or decision-making. Always consult qualified healthcare professionals for medical advice.
By using the Service, you acknowledge that you understand and accept these limitations.