Terms of Service

1. Introduction

Welcome to Flourish. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Flourish Daily Ltd ("Flourish," "we," "our," or "us"), a company registered in the United Kingdom (Company No. 16541416), concerning your access to and use of the Flourish mobile application and website (collectively, the "Service").

By downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. IMPORTANT: Not Medical Advice

2.1 Information Only

The Service, including all AI-generated guidance, insights, voice interactions, and text, is provided for informational, educational, and wellness purposes only. It is NOT medical advice, diagnosis, or treatment.

2.2 No Doctor-Patient Relationship

Use of Flourish does not create a doctor-patient, therapist-client, or other professional healthcare relationship.

2.3 Consult a Professional

You should always consult with a qualified physician or healthcare professional before making any changes to your diet, exercise, medication, or lifestyle, especially if you are pregnant, nursing, have a pre-existing medical condition, or are taking medication.

2.4 Emergency Situations

If you experience a medical emergency, call emergency services immediately (999 in the UK, 911 in the US). Do not rely on the Service for emergency assistance.

2.5 Assumption of Risk

You acknowledge that participating in fitness activities involves a risk of injury. By using the Service, you voluntarily assume all risks associated with your use of the app and any workouts or activities you undertake based on its content.

3. AI Limitations and Disclaimers

3.1 AI Technology

The Service utilizes artificial intelligence (AI), including Large Language Models (LLMs), to generate content and responses.

3.2 Accuracy and Hallucinations

You acknowledge that AI systems are experimental and may produce inaccurate, incomplete, or misleading information (often called "hallucinations"). Flourish cannot guarantee the accuracy, reliability, or safety of AI-generated responses. You verify all information before acting on it.

3.3 No Human Oversight

While we monitor our systems, individual AI responses are generated automatically and are not pre-screened by human experts.

4. Eligibility and Accounts

4.1 Age Requirement

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

4.3 Accurate Information

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5. Fees and Subscriptions

5.1 Current Availability

Flourish is currently available for free. We reserve the right to introduce paid subscriptions or features in the future.

5.2 Future Subscriptions

If we introduce paid subscriptions ("Subscriptions"), they will be processed via the Apple App Store or Google Play Store. We will provide you with reasonable advance notice before any fees apply.

5.3 App Store Terms (If Applicable)

If you choose to purchase a Subscription in the future:

• Transactions are subject to the terms and conditions of the respective App Store.
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
• Refunds are generally handled exclusively by Apple or Google in accordance with their refund policies.

6. Acceptable Use and Conduct

6.1 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use.

6.2 Prohibited Conduct

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harass, bully, threaten, or defraud other users or our staff.
• Attempt to reverse engineer, decompile, or extract source code from the App.
• Interfere with security-related features of the Service.
• Use the AI to generate content that is hateful, violent, sexually explicit, or promotes self-harm.

6.3 Health-Related Misuse

You specifically agree NOT to:

• Provide false health information intended to deceive the AI or our staff.
• Impersonate healthcare professionals.
• Share or request prescription medications via the Service.
• Promote eating disorders, self-harm, or substance abuse.
• Use Flourish to avoid or delay necessary professional medical care.

6.4 User Content (Voice Memos & Notes)

You retain ownership of the content you create, upload, or store in the Service ("User Content"), such as Voice Memos and journal entries. By providing User Content, you grant Flourish a worldwide, non-exclusive, royalty-free license to use, process, and display that content solely for the purpose of providing and improving the Service to you, in accordance with our Privacy Policy.

7. Feedback

If you provide feedback, suggestions, or ideas about Flourish ("Feedback"), you agree that we may use such Feedback without any obligation to compensate you, and you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use and incorporate such Feedback into our Service.

8. Intellectual Property

The Service, including its "Flourish" brand, logo, design, text, graphics, and underlying technology (excluding User Content), is the property of Flourish Daily Ltd and its licensors. It is protected by copyright, trademark, and other intellectual property laws.

9. Third-Party Integrations

The Service may integrate with third-party applications (e.g., Strava, Apple Health, Google Calendar).

• No Control: We do not control these third-party services.
• No Liability: We are not responsible for the availability, accuracy, or content of these third-party services.
• Terms Apply: Your use of third-party services is subject to their own terms and privacy policies.

10. Indemnification

You agree to indemnify, defend, and hold harmless Flourish Daily Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the App;
• Your breach of these Terms;
• Your violation of any law or third-party rights; or
• Your User Content.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

11. Disclaimers and Limitation of Liability

11.1 "As Is" Basis

To the maximum extent permitted by law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Limitation of Liability (UK Consumers)

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation; or
• Any other liability that cannot be excluded or limited by English law.

11.3 General Limitation

Subject to Section 11.2, Flourish Daily Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us for the Service in the twelve (12) months preceding the claim.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

13. General Provisions

13.1 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.2 Force Majeure

Flourish Daily Ltd shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference), acts of God, pandemics, or third-party service outages.

13.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

13.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flourish regarding the Service and supersede all prior or contemporaneous communications and proposals.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via the App or email. Your continued use of the Service after the Effective Date of the revised Terms constitutes your acceptance of the changes.

15. Contact Us

If you have any questions about these Terms, please contact us at: