TERMS AND CONDITIONS OF USE
FLUTTER CARE INC.
Last updated: September 6, 2021
Acceptance of the Website and Mobile Application Terms and Conditions of Use
These website and mobile application terms and conditions of use constitute a legal agreement and are entered into by and between you and Flutter Care Inc. ("Flutter Care," "we," "us," "our").
The following terms and condition, together with any documents and/or additional terms they expressly incorporated by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through https://www.fluttercare.com/ (the "Website") and Flutter Care’s mobile application (the “App”).
THE WEBSITE AND APP ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND WHILE THE WEBSITE AND APP PROVIDE INFORMATION, WE CANNOT AND DO NOT DIAGNOSE YOUR HEALTH CONDITIONS OR THOSE OF YOUR FETUS AND/OR BABY. ALWAYS CONSULT WITH A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE; DO NOT USE THE WEBSITE OR APP AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER. THE WEBSITE AND APP ARE NOT INTENDED FOR USE IN MEDICAL EMERGENCIES. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
ALL INFORMATION CONTAINED IN OR ON THE WEBSITE OR APP SHALL NOT BE INTENDED AS NOR UNDERSTOOD OR CONSTRUED AS MEDICAL, FINANCIAL, OR LEGAL ADVICE.
By using this Website or App, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Flutter Care and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or App.
We control and operate the Website and App from our facilities in British Columbia, Canada and, unless otherwise specified, the materials displayed on the Website and App are presented solely for the purpose of promoting products and services available in Canada, its territories, possessions, and protectorates. We do not represent that materials on the Website and App are appropriate or available for use in other locations. If you choose to access the Website and App from other locations, you assume all risks related to use of the Website and App, and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
What Is Flutter Care?
How to Use Flutter Care
To access certain features or areas of the Website or App, you may be required to register and create an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you). In addition, certain features of the Website or App may only be available to our registered users.
To access those areas of the Website or App you will be required to log in using your username and password. You are responsible for all activity occurring when the Website or App are accessed through your account, whether authorized by you or not.
Registration to use the App is typically by the pregnant individual However, we also provide for registration of the partner, family member, friend, or personal support person of the pregnant individual. In future, we may also offer a function for joint registrations of couples.
In all cases, registration is authenticated through an external provider such as Google. We may view, but cannot collect registration information, which is done by the external provider.
After you are registered and have provided some information about your pregnancy and overall health status, we provide you with various services including but not limited to a foetal kick counter. You will have access to a “dashboard” showing your current stage of pregnancy, upcoming key dates, overall trends in data gathered about your pregnancy and any alerts that may be sent to you by the App.
We may offer a “kick counter” feature, which will allow manual input, storage and analysis of data regarding your fetal activity during your pregnancy, including data such as type of fetal movements, the kick counts, strength of movement, location of movement, time of day, time elapsed, and descriptive notes you may add to each event. The Website and App will then store and provide statistical trends and insights for you such as average kick count and time, strength and location of kicks, most active time of kicks, and other trends in their activity (both fetal movements and when/how they count).
We will also provide features including a calendar function that allows easy recording of daily key events or other data relevant to the pregnancy.
In future, we plan to add new features to the Website and App. When we do add new features, these Terms and Conditions will apply to them, and we may make revisions to these Terms and Conditions to adapt to such new features.
Fees and Payment
There are currently no fee-based services for a large portion of the Website and App.
We may offer optional fee-based services, which may include services provided by third parties. Your use of such services shall be subject to any applicable additional terms and conditions which may include the third parties’ terms and conditions, and in such circumstances, the third parties, and not us, are responsible for delivering any purchased goods or performing any booked services, and in issuing any applicable refunds.
In future, we may offer different types of paid and free memberships or subscriptions.
We reserve the right to modify the terms of or cancel any such unpaid vendor memberships. We may also offer memberships or subscriptions for which a user pays (“Paid Subscriptions”). Additional terms and conditions described in the Terms of Purchase may apply to such Paid Subscriptions, and are made a part of these Terms and Conditions by reference.
Medical Advice Disclaimer
The Website and App provides services, information, content, and/or data for information purposes only. Flutter Care does not provide any medical advice on the Website or App. In using the information presented on the Website and App, no physician-patient relationship is formed between you and Flutter Care. Nothing contained in the Website or App is intended to replace, substitute, or provide the services of a licensed medical professional authorized to practice medicine in your province.
Flutter Care, its Website, and App, do not diagnose health conditions or otherwise provide you with health or medical advice or treatment. The content provided is for informational purposes only.
Always consult with a properly licensed medical professional or physician for personal medical attention, diagnosis, and treatment. If you have any questions regarding your pregnancy or the condition of your fetus, seek the advice of your physician, obstetrician, midwife, or other qualified and licensed health care professional.
Never disregard medical advice or delay seeking out medical advice because of any information contained in our Website or App.
Flutter Care does not represent or warrant that the services or content provided on or through its Website or App is safe, appropriate, or effective for you or your fetus. Flutter Care is not responsible or liable for any advice, course of treatment, diagnosis, services, or products that you may obtain in connection with or as a result of using the Website or App.
Your Use of the Website and App, Account Set-Up and Security
The Website and App, including content or areas of the Website and App, may require user registration. It is a condition of your use of the Website and App that all the information you provide on the Website and App is correct, current, and complete.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website and App. Users are required to ensure that all persons who access the Website and the App through a user's internet connection are aware of these Terms and Conditions and comply with them.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or App or portions of the Website or App using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or App.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website or App, including, without limitation:
accessing content and data that is not intended for you;
attempting to breach or breaching the security and/or authentication measures which are not authorized;
restricting, disrupting or disabling service to users, hosts, servers, or networks;
illicitly reproducing TCP/IP packet header;
disrupting network services and otherwise disrupting Website and App owner's ability to monitor the Website or App;
using any robot, spider, or other automatic device, process, or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App;
introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attacking the Website or App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing;
otherwise attempting to interfere with the proper working of the Website or App.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Flutter Care, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Flutter Care name, the Flutter Care trademark, the Flutter Care logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Flutter Care or its affiliates or licensors. You must not use such marks without the prior written permission of Flutter Care. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website or App are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website and App for your personal and non-commercial use. You shall not directly or indirectly reproduce, copy, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App, in any form or medium whatsoever except:
your computer, smartphone, and browser may temporarily store or cache copies of materials being accessed and viewed;
one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
in the event social media platforms are linked to certain content on our Website or App, you may take such actions as our Website, App, and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from this Website or App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website or App. You must not access or use for any commercial purposes any part of the Website or App or any services or materials available through the Website or App.
If you print off, copy or download any part of our Website or App in breach of these Terms and Conditions, your right to use the Website and App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or App or to any content on the Website or App, and all rights not expressly granted are reserved by Flutter Care.
Any use of the Website or App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website and App only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to any shared, group, community, multi-user or other publicly-visible feature or page of the Website or App, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and App and any User Submissions shall not:
Include or contain any material that in our view exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable.
Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or asking for personal information as prohibited under applicable laws, regulations, or code.
Involve, provide, or contribute any false, inaccurate, or misleading information.
Impersonate or attempt to impersonate Flutter Care, a Flutter Care employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or App, or which, as determined by us, may harm Flutter Care or users of the Website or App or expose the same to liability.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that they originate from or are endorsed by Flutter Care or any other person or entity, if this is not the case.
User Submissions: Grant of Licence
The Website and App may contain Interactive Functions allowing User Submissions on or through the Website or App.
None of the User Submissions you publish or post to a publicly viewable area of the Website or App will be subject to any confidentiality by Flutter Care.
By providing any User Submission to the Website or App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not Flutter Care nor Flutter Care's directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website or App.
Site and App Monitoring and Enforcement, Suspension, and Termination
Flutter Care has the right, without provision of notice to:
Remove or refuse to post on the Website or App any User Submissions for any or no reason at our sole discretion.
At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and App User Submissions and Site Content Standards.
Take appropriate legal action, including, without limitation, referral to law enforcement or a regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website or App. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App.
Terminate or suspend your access to all or part of the Website or App for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS FLUTTER CARE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY FLUTTER CARE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER FLUTTER CARE OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or App or their respective use, and do not and cannot undertake to review material that you or other users submit to the Website or App. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
As mentioned above, the content on our Website and App is provided for general information purposes only. It is not intended to amount to advice on which you should rely. The information provided is not meant to constitute medical, financial, legal, or other advice to you. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website or App. We shall not owe you any duty to exercise any judgment on your behalf as to the suitability or accuracy of the content on the Website or App.
Although we make reasonable efforts to update the information on our Website and App, we make no representations, warranties, or guarantees, whether expressed or implied, that the content on our Website and App is accurate, complete, or up to date. Your use of the Website and App is at your own risk and neither Flutter Care nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website or App.
This Website and App may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Flutter Care, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Flutter Care. Neither Flutter Care nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
For your convenience, this Website and App may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website or App. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website and App must not be framed on any other site, nor may you create a link to any part of our Website or App other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
The owner of the Website and App is based in the province of British Columbia in Canada. We provide this Website and App for use only by persons located in Canada. This Website and App are not intended for use in any jurisdiction where its use is not permitted. If you access the Website or App from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
You acknowledge that using the Website and App involves some risks.
What are the potential risks? They include examples such as:
Use of other cloud services in the course of accessing the Website and App;
People stealing our data;
Hacks in Google Cloud ;
Hacking into your account;
Theft of devices on which the Website or App is installed and operable;
If you download data onto your personal device;
Sharing of metadata to third party ad services/companies;
Data loss or corruption;
Accidental deletion of your account;
Malfunction of Persistent storage / Async storage;
Viruses or other malware on the mobile device that scrapes data that is stored on the phone;
App or Website error; or
Incorrect data or misportrayal of data by the App or Website.
You agree that your use of the Website or App is with full informed knowledge of the foregoing risks, and of the general risk of using technology for health, maternity or other important decisions.
If you remove any Personal Information or other data from the App or Website to another device or print it out in hardcopy form, there is a risk of loss or theft after you have copied or downloaded the same from our servers.
Disclaimer of Warranties
Flutter Care has no special relationship with or fiduciary duty to you. You understand and agree that your use of the Website, the App, their content, and any services or items found or attained through the Website is at your own risk.
The Website, the App, their content, and any services or items found or attained through the Website or App are provided on an "As is" and "As available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither Flutter Care nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website, the App, or their respective contents.
Without limiting the foregoing, neither Flutter Care nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the Website, the App, their content, or any services or items found or attained through the Website or App will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website, App, or the server that makes the Website and App available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website or App will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and the App and your computer, smartphone, internet, and data security.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, smartphone, computer programs, data, or other proprietary material due to your use of the Website or App or any services or items found or attained through the Website or App or to your downloading of any material posted on the Website or App, or on any Website linked to the Website or the App.
Limitation on Liability
Except where such exclusions are prohibited by law, under no circumstance will Flutter Care nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Website or App, any information you receive from the Website or App, or any linked websites or such other third-party websites, or any Website or App content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.
The maximum liability of Flutter Care, its affiliates and its or their directors, employees, agents, partners, suppliers, third party service providers, licensors or content providers to you for any and all damages shall not exceed the amount paid by you, if any, for accessing our services through the Website or the App. You acknowledge and agree that the limitations on liability in these terms and conditions are a fundamental element of the terms and conditions and access to the Website or the App would not be provided to you absent such limitations. If you reside in a jurisdiction where limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Flutter Care, its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and accounting fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website or App, including, but not limited to, your User Submissions, third-party sites, any use of the Website's or the App’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
The Website, App, and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website or App and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Modifications to the Terms and Conditions and to the Website and App
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website and App. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website and App, and the Website and App, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or App is restricted to users or unavailable at any time or for any period.
Reporting and Contact
The Website and App are operated by Flutter Care.
Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to Flutter Care at firstname.lastname@example.org.
All other feedback, comments, requests for technical support, and other communications relating to the Website or App should be directed to email@example.com