Flyte User Terms of Service
Flyte User Terms of Service
These User Terms of Service (“Terms”) constitute a legal agreement between you and Pelvital USA, Inc. (“Pelvital”) with respect to your access to and use of the content, platform, tools, applications, data, software and services comprising Pelvital’s Flyte System digital components and related services (“Services”). By accessing and using the Services as offered from time to time by Pelvital, you agree to be bound by these Terms, the Pelvital Privacy Policy, and the Pelvital Consumer Health Data Privacy Policy. BY ACCESSING OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE USER TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
In addition to this Agreement, your use of the FLYTE® Mobile Application (including all data, content accessed by you and related documentation, “Application”) is governed by the FLYTE® Mobile Application End User License Agreement.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “DISPUTE RESOLUTION” BELOW TO LEARN MORE
Pelvital may from time to time update these Terms which modifications become effective when posted or otherwise made available to users of the Services. Your continued use of the Services constitutes your agreement to any modification of these Terms.
The Flyte Services
The Services include a variety of content, applications, tools, and services relating to pelvic floor health and urinary incontinence, some of which are intended to be used with the Flyte device. The Services may also include access to the Flyte Patient Support team for personalized support and assistance with the Services.
From time to time, Pelvital may modify the Services and add, change, or remove features of the Services, or change or discontinue the Services in whole or in part, in its sole discretion, without notice to you.
Rights to Use the Services; Restrictions
Subject to these Terms, you have the limited, non-exclusive and non-transferable right to access and use the Services as permitted under these Terms. You are responsible for providing all equipment and internet connectivity necessary to use the Services at your own expense.
You agree not to use, nor permit any third party to use, the Services or any part thereof, in a manner that violates any applicable law, regulation or these Terms. You agree that you will not:
- Copy or otherwise reproduce or permit the copying or other reproduction of all or any part of the Services content or offerings except as expressly permitted in these Terms;
- Use the Services in any manner or for any purpose for which they are not designed, intended or expressly authorized under these Terms;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Services, or any part thereof, available to any third party for any reason, including by making the Services, or any part thereof, available on a network where they are capable of being accessed by one or more third parties;
- Modify, translate, adapt or otherwise create derivative works or improvements of the Services or any part thereof;
- Disassemble, reverse engineer, decompile, decode or create derivative works based on the Services;
- Remove, delete, alter or obscure any trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within any content included in the Services;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services or any part thereof; or
- Use the Services in violation of any applicable laws, rules or regulations, or in a manner or for a purpose not expressly authorized under these Terms.
Pelvital acts solely as an operator of the Services for your convenience and use of the Services, and any reliance by you upon any content or information available to you through the Services, including any action taken by you because of such use or reliance, is at your sole risk.
Account Registration
In order to access and use the Services, you must create an account (“Account”). You must be at least 21 years old to register an Account and use the Services.
The Services may be provided to you at the invitation of your health care provider, health benefits plan, or your insurer or employer (“Provider"). If you have any questions as to whether this section applies to you, please contact the Flyte Patient Support Team at support@flytetherapy.com or 1-866-735-8482.
You agree to provide true, accurate and complete information when registering for your Account and keep your Account information current and accurate. You also agree to provide accurate feedback on your status when queried by the Services, and grant to Pelvital and its affiliates, third-party providers, licensors, employees, distributors and agents permission to use the Account Information to enable Pelvital to provide the Services to you, including updating and maintaining Services functions and features, addressing errors or service interruptions, and to enhance the types of data and services Pelvital may provide to you in the future.
You are responsible for all activities that occur under your Account including, without limitation, (a) maintaining the confidentiality and security of your login information, password(s) and any other security or access information used by you to access the Services (“Account Information”); (b) preventing unauthorized access to or use of your Account Information and any other information, files or data that you store or use in or with the Services. You agree to immediately notify Pelvital of any breach of your Account security or unauthorized use of your Account Information. Pelvital is not liable for any loss or damage arising from your failure to comply with these provisions.
Use of Your Information
If you register your Account and use the Services pursuant to an invitation by a Provider, you acknowledge and agree that the Provider may provide information about you to Pelvital, as necessary to enable your use of the Services. You further agree that Pelvital may provide such Provider with access to your information for purposes of monitoring your progress, including access to your personal information, device data, participation data, and outcomes data (“User Data”), subject to any restrictions under applicable law.
Through your use of the Services, Pelvital will collect and store your Account Information, User Data, other information, files and data that you use with the Services, electronic communications, and activities that occur under your Account to carry out all aspects of the Services operation in accordance with the Pelvital Privacy Policy. You may elect to use the Services to share personal information with your health care and/or health insurance provider(s).
Anonymous, aggregate information that does not contain personally identifiable information, which is collected through your use of the Services, may be used or licensed by Pelvital for various purposes, including but not limited to conducting certain analytical research, performance and/or outcomes tracking, improving the Services, marketing, and to assist in troubleshooting and technical support.
To the extent that you request product support or other assistance from Pelvital, you agree that Pelvital is authorized to access and view your Account Information and User Data to provide such assistance and support.
You understand, agree and acknowledge that User Data, including portions of your Protected Health Information (PHI), will be available to you through use of the Services and a third party might be able to access that information if adequate safety measures are not in place on your device(s). Pelvital is not responsible for User Data/PHI after delivery to your device(s).
Medical Disclaimer
PELVITAL IS NOT A HEALTH CARE PROVIDER AND IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. NO INFORMATION PROVIDED TO YOU BY PELVITAL, REGARDLESS OF THE METHOD OF DELIVERY, SHOULD BE CONSTRUED AS MEDICAL ADVICE AND/OR TREATMENT. ALL INFORMATION FROM PELVITAL, INCLUDING TEXT, GRAPHICS, AND IMAGES IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL MEDICAL ADVICE. NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND PELVITAL OR ANY OTHER PERSON BY REASON OF YOUR USE OF ANY PELVITAL CONTENT, SERVICES, OR APPLICATION UNDER ANY CIRCUMSTANCES. ANY INQUIRIES OR CONCERNS ABOUT HEALTH-RELATED MATTERS SHOULD BE ADDRESSED TO A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. PELVITAL IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN FROM ANOTHER PERSON OR ENTITY IN CONNECTION WITH YOUR USE OF THE SERVICES.
Third-Party Content and Links
The Services may display, include, or make available third-party content or provide links to third-party websites or services. Pelvital provides such third-party content and links as a courtesy to you. Pelvital has no control over any third-party websites or content referenced, accessed by or available in connection with your use of the Services. You acknowledge and agree that Pelvital is not responsible for third-party websites or content, including their availability, accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. Pelvital has no liability to you or any other person or entity for such websites or content. Third-party websites and content, and links thereto, are provided solely as a convenience to you, and your access and use is entirely at your own risk and subject to such third parties’ terms of use and policies. Pelvital is not responsible for information provided by you to third parties.
User Content
You may be able to post or upload content generated by you, such as notes, data, graphics, photos, articles, profiles (including your name, image, and likeness), music, videos and other material ("User Content") in connection with your use of the Services. As between you and Pelvital, you will remain the owner of any such User Content. You are responsible for all User Content, and agree:
- By posting or submitting User Content, you represent that you have all necessary rights to do so;
- You may not post or transmit any message, data image or other material that would violate the any third-party intellectual property or other proprietary rights;
- You may not post or transmit any material that is libelous or defamatory, discloses private or personal information concerning any third party, or otherwise violates any law or third-party rights;
- You may not post or transmit any messages, data, image or information that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive; and
- You may not disclose personal identifying information or business contact information about others without their express permission.
By posting User Content, you hereby grant Pelvital a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display and perform all or any portion of the User Content for purposes of providing services and content to you in connection with the Services.
Pelvital will provide reasonable access to User Content and User Data collected from you or retained in connection with your use of the Services. If your Account is terminated for any reason, you acknowledge that Pelvital has no obligation to provide you with access to User Content or User Data.
Communications
You understand and agree that Pelvital may send you messages, alerts, and other communications, by email, text message, or other similar means, in connection with your use of the Services. You agree to accept such communications and pay any applicable network access, data usage, or similar fees necessary to receive such messages.
The Services may enable automated communications as well as communication between you and Pelvital’s care team and technical support staff. These communications may include phone, SMS text, and email communication to and from your mobile device or other communication devices. Pelvital will only use information you provide as permitted by our Privacy Policy and applicable law.
You acknowledge that these methods of communication may allow third parties access to your personal and health information and agree that Pelvital shall have no responsibility or liability for any such third-party access.
Ownership
The Services are provided to you as a service, and nothing in these Terms gives you any ownership rights in the Services, or any content made available to you in connection with your use of the Services. You are permitted to use content and services delivered to you through the Services only in connection with your use of the Services. Pelvital and its licensors, suppliers and service providers reserve and shall retain all right, title and interest in and to all components of the Services, including all intellectual property rights therein or relating thereto. “Pelvital,” “Flyte,” and all other names, logos, icons and marks identifying the Services and Pelvital’s other products and services are owned by Pelvital and may not be used by you without Pelvital’s prior written consent.
Equipment; Browser Access and Internet Services
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use the Services. This responsibility includes, without limitation, utilizing current web-browsers and quality commercially available encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining Internet services via the Internet service provider of your choice and Cellular services from the Cellular provider of your choice, for the payment of any and all fees imposed by such Internet and Cellular service providers and any associated communications charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Services, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Services for your convenience, have made an independent assessment of the adequacy of your chosen Internet, Cellular provider, and Systems, and that you are satisfied with that assessment. Pelvital is not responsible for any errors or problems that arise from the malfunction or failure of the Internet, your Cellular service, or your Systems.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PELVITAL, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE LICENSORS, THIRD-PARTY PROVIDERS, CONTRACTORS, EMPLOYEES AND AGENTS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES AND YOUR USE OF THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PELVITAL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND (I) AS TO ACCURACY OR COMPLETENESS OF THE SERVICES AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES; (II) THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED, OBTAINED OR USED BY YOU THROUGH THE SERVICES, WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (III) THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, VIRUS-FREE OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; OR (IV) THAT THE SERVICES WILL ACHIEVE ANY DESIRED OR INTENDED RESULTS.
NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH USE OF THE SERVICES, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELVITAL, ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE LICENSORS, THIRD-PARTY PROVIDERS, CONTRACTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED IN CONNECTION WITH OR ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR ANY RELATED SERVICES OR CONTENT. IN NO EVENT SHALL PELVITAL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, CONTINGENT OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS EXCEED THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100 USD. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO DISCONTINUE USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF PELVITAL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE SOFTWARE FAILS OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PELVITAL BE LIABLE TO YOU FOR DIRECT DAMAGES IN EXCESS OF THE FEE PAID FOR THE SERVICES. THIS LIMITED REMEDY IS AGREED TO BY YOU AND SURVIVES EVEN IF THE SERVICES ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations of liability may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless Pelvital, its affiliates, and our and their respective, licensors, third-party providers, contractors, officers, directors, employees and agents, from any and all claims, liability, damages, losses, expenses and costs of whatever kind (including attorneys' fees) arising from or related to (i) your breach of these Terms or violation any applicable law or regulation; (ii) any allegation, claim or action that your use of the Services or any material accessed or used by you through the Services, infringes or otherwise violates such party’s intellectual property or other rights; and (iii) any information, data, files or other content you submit or upload through the Services.
Export Restrictions
You acknowledge that the Services and underlying software, technology and information, are subject to restrictions under applicable United States export control laws, including US trade embargoes, sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, download or otherwise make available the Services or underlying software, technology or information in violation of these laws, directly or indirectly.
Governing Law
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to Pelvital USA, Inc. 860 Blue Gentian Road, Suite 200 Eagan, MN 55121. If Pelvital intends to seek arbitration, Pelvital will send a Notice to the current billing address in your Account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either Party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA website at www.adr.org. In addition to filing this form with the AAA, the Party initiating the arbitration must mail a copy of the completed form to the opposing Party. You may send such copy to Pelvital USA, Inc. at 860 Blue Gentian Road, Suite 200 Eagan, MN 55121, and Pelvital will send such copy to the current billing address in your Account or to your attorney, if you have provided the name of your attorney to us.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Each Party shall bear its own attorneys’ fees and costs incurred in connection with any Dispute.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
Cancellation, Termination and Suspension
You may cancel your use of the Services or terminate your Account at any time by sending a request to Pelvital at support@flytetherapy.com. Pelvital reserves the right to terminate or suspend your access to the Services at any time for any reason it deems appropriate in its discretion, including but not limited to, a belief that your conduct or your use of the Services violates applicable laws or is harmful to the interests of Pelvital or any other Services users, or any other violation of these Terms. In the event of your cancellation, termination or suspension, Pelvital may delete your information, files, and other previously available content.
Right to Change Terms and Conditions
Pelvital may amend these Terms at any time and from time to time, without notice. Any changes to these Terms will be effective upon publication. Your use of the Services following any such change constitutes your agreement to follow and be bound by these Terms as amended.
Miscellaneous
These Terms, together with all user terms and policies referred to herein, and any other written agreement you may have entered into with Pelvital related to the Services, constitute the entire agreement between you and Pelvital related to the Services. If there is any conflict between these Terms and a signed written agreement between you and Pelvital related to the Services, these Terms will control. If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain valid, binding and enforceable.
Contact Information
Pelvital is headquartered in Eagan, Minnesota, in the United States of America.
Pelvital USA, Inc.
860 Blye Gentian Road, Suite 200
Eagan, MN 55121
To contact Pelvital for Support, email support@flytetherapy.com or call 1-866-735-8482.