Effective: October 7, 2025 

These terms and conditions of use (the “Terms”) govern your use of FluidLogic, Inc.’s  mobile application (the “Application”), website (the “Site”), and any products, services, or content provided by FluidLogic, Inc. (the “Company”).  By accessing or using the Application, Site, or any Company products or services, including but not limited to browsing, downloading, installing, submitting information, or otherwise interacting with any Company platform or offering, you: (a) acknowledge that you have read, understood, and agree to be bound by these Terms; (b) represent and warrant that you are at least eighteen (18) years of age or otherwise of legal age to enter into a binding agreement; and (c) agree to be legally bound by these Terms.

Binding Arbitration

These Terms provide that all disputes, controversies, or claims arising between you and the Company will be resolved by BINDING AND FINAL ARBITRATION.  ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights (except for matters that may be taken to small claims court or as it relates to provisional or injunctive relief).  Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.  Please review the Section entitled Arbitration Agreement for the details regarding your agreement to arbitrate any and all disputes with the Company. 

Privacy

Please consult the Company’s Privacy Policy for a description of our privacy practices and policies.  Our Privacy Policy is a part of these Terms and you agree to the Company’s use and sharing of the information we collect about you as described in these Terms and our Privacy Policy.

If you are a resident of the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR), including access, correction, deletion, restriction, objection, and data portability. To exercise these rights, contact us or our representative.

Data Storage and International Transfers

We store and process all personal data in the United States. By using the Application, users located in the European Union acknowledge and consent to the transfer and processing of their personal data in the United States. Such transfers are conducted in accordance with the GDPR, where applicable.

No Medical Services or Advice

The Application does not provide medical or healthcare services. The Company is not a healthcare provider and the Application is not intended to provide medical or health advice, care, diagnosis or treatment. 

License Grant

Subject to these Terms, the Company grants you a limited, non-exclusive, and nontransferable license to:  

1. Download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation 
2. Access, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the Application, strictly in accordance with these Terms. 

License Restrictions

Except as may be expressly permitted by applicable law or expressly authorized
by the Application, you shall not:  

1. Copy the Application, or any part of the Application, except as expressly permitted by this license; 
2. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; 
3. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application, or any part of the Application; 
4. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy; 
5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including making the Application available on a network where it may be accessed by more than one device at a time; 
6. Use any robot, spider, scraper, crawler or other automatic device, process, or means to access the Application or copy any data on it for any purpose; 
7. Bypass any robot exclusion headers or other measures the Company may use to prevent or restrict access to the Application; 
8. Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized by these Terms without the Company’s prior written consent; 
9. Frame, mirror or otherwise incorporate the Application or any part of it into any other mobile application, website or service; 
10. Use the Application in any manner that could interfere with another party’s use of it; 
11. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or  
12. Use the Application in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems. 

Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold, to you. You understand that you have no ownership rights or interest in the Application other than the license and rights granted to you under these Terms.  

Content and Services

The Application may provide you with access to the Company’s website, including the products and services available thereon. Your access to and use of such content and services are governed by the website’s terms of use and privacy policy. The Application or Site may also include or provide access to third-party content or provide links to third-party websites or services (“Third-Party Content”). You acknowledge and agree that the Company is not responsible for and will not have any liability for Third-Party Content, including the accuracy, completeness, copyright compliance, quality or any other aspect thereof. Any Third-Party Content is provided solely for convenience to you and you access and use it at your own risk and subject to any third-party terms. Information you submit at a third-party site (even though accessible through the Application or Site) is subject to the terms of that site’s privacy policy and terms, and the Company has no control over how your information is collected, used or otherwise handled. 

Updates

The Company may from time to time in its sole discretion develop updates to the Application, which may include bug fixes, patches, other corrections and/or new features (collectively, “Updates”). Updates may also change or delete in their entirety certain features and functions. The Company has no obligation to make Updates or to continue to provide certain features and functions.  You agree to promptly download and install any Updates and that any Updates shall be part of the Application and subject to these Terms. 

Accounts

Use of the Application requires you to create a username and provide an email address. You must complete the specified registration process by providing us with current, complete, and accurate information as requested. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us
immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, or other information which provides you access to your account.  The Company is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. 

Compatibility & Fees

The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto.

You are required to send and receive, at your cost, electronic communications related to the Application, including without limitation administrative messages, service announcements, diagnostic data reports, and Updates, from the Company, your mobile carrier, or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application.

You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third-party fees associated therewith, including fees or information sent to or through the Application. The Company does not warrant that the Application will be compatible with your mobile device.

If you download the Application, we may send you special offers and messages. These in-Application offers may have specific terms and conditions outlined in the offer. These in-Application offers and in-Application messages are integrated features of the Application.

If you do not wish to receive these in-Application offers and in-Application messages, you must delete the Application. If you download the Application, with your permission, we may also push notifications to your Mobile Device. You will be able to opt out of push notifications in your Mobile Device’s settings.

Term and Termination

The term of this Agreement commences when you download, install or acknowledge the Terms and will continue in effect until: (a) you delete the Application and all copies of the Application on your Mobile Device; (b) you violate any of these Terms; or (c) Company ceases to support the Application, which it may do so in its own discretion at any time without notice. Upon termination: (a) all rights granted to you under these Terms will terminate; and (b) you must cease all use of the Application and delete all copies of the Application on your Mobile Device. Termination will not limit any of the Company’s rights or remedies at law or in equity.   

Disclaimer of Warranties

THIS APPLICATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS APPLICATION OR ANY INFORMATION OR SERVICE AVAILABLE THROUGH OR IN THE APPLICATION. WITHOUT LIMITATION TO THE FOREGOING, COMPANY MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS OR BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS.