Terms of Service
Last updated date: August 22, 2025
By using our website and app you are agreeing to be bound by these terms of service, and agree you are responsible for compliance with any applicable laws.
Contact: info@tryflourish.ai.
Acceptance of Terms
Welcome to Flourish AI (“Flourish,” “we,” “us,” or “our”). Flourish provides a personal health application focused on digestive conditions (the “App” or “Service”).
By creating an account or using the App, you agree to these Terms of Service (“Terms”). If you do not agree, do not use Flourish. These Terms form a binding agreement between you and flourishAI labs, Inc., and apply whether you access the App via mobile device, web, or any other platform.
Beta Release Notice
You understand that Flourish may initially release the App as a beta (including via Apple TestFlight). The App is in active development and provided “as is” for testing and feedback. Beta features may be unstable or change. We appreciate your understanding during this testing phase.
By using the beta App, you agree that:
(a) your use is for evaluation and feedback purposes,
(b) we may contact you for beta-related feedback, and
(c) there is no guarantee of data retention or continued availability of beta features.
We may terminate or modify the beta App at any time without notice (see Section 15).
Eligibility
You must be at least 13 years old (or older if required by your state’s law) to use Flourish. By using the Service, you represent that you are at least 13 and have the legal capacity to enter into these Terms. The App is intended for users in the United States. If you are accessing it from another jurisdiction, you do so on your own initiative and are responsible for compliance with local laws.
User Accounts and Security
To access certain features, you must create an account. You agree to provide accurate, current information and update it if it changes. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
Security Measures: Use a strong, unique password and enable device security (e.g., biometric lock) to protect the App.
Notification: Notify us immediately at info@tryflourish.ai of any unauthorized use or security breach.
We may suspend or terminate accounts suspected of unauthorized or fraudulent use.
User Content and Conduct
a). User Content: Flourish allows you to input content like meal logs, symptom diaries, and chatbot interactions (“User Content”). You retain ownership of your User Content. By providing it, you grant Flourish a non-exclusive, worldwide, royalty-free license to use, host, reproduce, and modify your content solely for operating and improving the Service (e.g., analyzing logs to provide insights or training personalization algorithms). This license ends when you delete the content or your account, except for aggregated/anonymized data.
b). Prohibited Conduct: You agree not to misuse the Service. You will not:
(i) Upload any content that is illegal, offensive, or violates any person’s rights.
(ii) Use the App to seek emergency medical help.
(iii) Attempt to reverse engineer, hack, or disrupt the Service.
(iv) Use the App to harass, stalk, or harm any person.
(v) Impersonate any person or entity.
We reserve the right to investigate and take appropriate action for any suspected violations.
c. Feedback: We welcome feedback and suggestions (“Feedback”). If you submit Feedback, you grant us a free-to-use, irrevocable right to use it without restriction or compensation to improve our product.
d. Beta Confidentiality: If you are invited to a private beta, any non-public features you test are confidential. Do not share information about these features publicly until they are released by Flourish.
License and Intellectual Property
a). Our License to You: Subject to these Terms, we grant you a personal, non-transferable, non-exclusive, revocable license to install and use our App on your device for your personal health tracking.
b). Intellectual Property: Flourish owns all rights, title, and interest in the Service, including software, design, logos, and content we or the AI provide (“Flourish Content”). These are protected by copyright, trademark, and other laws. “Flourish AI” and our logos are our trademarks and shall not be used without our prior written consent.
c). DMCA Policy: If you believe any content infringes your copyright, please send a notice to our designated agent at info@tryflourish.ai pursuant to the Digital Millennium Copyright Act (DMCA).
Not Medical or Professional Advice
No Doctor-Patient Relationship: Flourish AI is not a medical device and does not provide medical advice. The insights and chatbot responses are for general wellness and informational purposes only. They are not a diagnosis or treatment plan.
Emergency: If you think you have a medical emergency, call your doctor or 911 immediately – do not rely on the App.
By using the App, you acknowledge that any decisions you make regarding your health are your own responsibility. Always consult a qualified healthcare professional for serious or persistent health concerns.
Privacy
Your privacy is very important to us. Our Privacy Policy (incorporated by reference) explains how we collect, use, and share your information. By using Flourish, you agree to the Privacy Policy. Key points: we do not sell your personal data, and we implement security measures to protect your data.
Security & Data Retention
Flourish takes data security seriously. We employ administrative, technical, and physical safeguards (such as encryption) to protect your data. However, no system is 100% secure. You are responsible for keeping your device and account secure.
We retain your logs and content until you delete them or close your account, unless a longer retention is required by law. Please see our Privacy Policy for full details.
Third-Party Services
The Service may include integrations or links to third-party services (e.g., a food database API, Apple HealthKit, other AI services APIs). Those services are governed by their own terms and privacy policies, not ours. We are not responsible for third-party content or services.
Disclaimer of Warranties
Use at Your Own Risk: Flourish is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Service will be uninterrupted or error-free, or that any data or AI responses will be accurate or reliable.
Limitation of Liability
To the fullest extent permitted by law, Flourish will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
Our total liability for any claim is limited to the amount you have paid us in the 12 months preceding the claim, or USD $100, whichever is greater. Some states do not allow the limitation of certain damages, so some of these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Flourish from any third-party claims, liabilities, or expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your User Content, or your misuse of the Service.
Modifications to Service
We reserve the right to modify, update, or discontinue the Service (in whole or part) at any time. We will try to give you advance notice of major changes. Any new features will be subject to these Terms.
Termination
You may stop using Flourish and delete your account at any time. To delete your account, use the in-app option or contact support at info@tryflourish.ai.
We may suspend or terminate your access to the Service at any time, with or without cause. Upon termination, your right to use the App ceases immediately. Sections intended to survive (such as ownership, disclaimers, and limits of liability) will survive.
Changes to Terms
We may revise these Terms from time to time. If we make material changes, we will notify you through the App or via email at least 15 days before they take effect. Your continued use of the Service after the effective date constitutes your acceptance of the changes.
Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. The Federal Arbitration Act governs the arbitration clause in Section 18.
Dispute Resolution & Arbitration
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
a. Agreement to Arbitrate: You and Flourish agree to resolve any dispute through binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. This means you are waiving your right to a trial by jury.
b. Class Action Waiver: You and Flourish agree that any disputes will be resolved only on an individual basis, and not in a class, consolidated, or representative action.
c. Exceptions: Either party may bring qualifying claims in small claims court or seek injunctive relief in court for intellectual property infringement.
d. Initial Dispute Resolution: Before filing for arbitration, you agree to first send a written notice of your dispute to 2710 GATEWAY OAKS DRIVE, SACRAMENTO, CA to attempt an informal resolution.
Miscellaneous
a). Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Flourish.
b). Assignment: You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.
c). Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.
d). Contact Information: FlourishAI labs, Inc. Address: 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833. Email: info@tryflourish.ai
e). State Specific Rights: California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Sacramento, CA 95834 or by phone at (800) 952-5210.
Thank you for reading our Terms. We hope Flourish AI helps you on your health journey!
Contact
Email: info@tryflourish.ai
Smart Eating, Better Living