Terms and Conditions

TERMS AND CONDITIONS

Last Updated: 2025-02-19

Welcome to Flarebreak ("we," "us," "our," or the "Company"), which is owned and operated by Seneca Health, Inc. ("Seneca Health"). Please read these Terms and Conditions (the "Terms") carefully. By accessing or using our websites, mobile applications, or any other products or services that link to or reference these Terms (collectively, the "Service"), you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use or access the Service.

1. OVERVIEW

1.1 About Flarebreak

Flarebreak is a platform owned and operated by Seneca Health, Inc. (a Delaware C-Corp headquartered in Atlanta, GA) that helps users track and manage certain wellness aspects via mobile applications and websites. These Terms govern your use of our Service.

1.2 Not Medical Advice

Our service is not intended to diagnose, treat, cure, or prevent any disease. We are not a medical provider, and our Service does not constitute medical advice or medical treatment. Always seek the advice of a qualified healthcare professional with any questions regarding a medical condition.

1.3 Acceptance of Terms

By creating an account, downloading our apps, or otherwise using our Service, you confirm that you have read, understood, and agree to these Terms in their entirety.

2. ELIGIBILITY AND ACCOUNTS

2.1 Age Requirement

You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account or use the Service independently. If you are under 18, you may only use the Service under the supervision of a parent or legal guardian.

2.2 Account Registration

You may need to create an account to access certain features. You agree to provide accurate, current, and complete information as prompted during registration and to keep such information updated. You are responsible for maintaining the confidentiality of your login credentials and for any activities under your account. Notify us immediately if you suspect any unauthorized use of your account.

2.3 Account Suspension/Termination

We may suspend or terminate your account if you violate these Terms or engage in unlawful or fraudulent activity. Upon termination, your right to use the Service will immediately cease.

3. PRIVACY

3.1 Privacy Policy

Your use of the Service is also subject to our Privacy Policy. The Policy explains how we collect, use, store, and protect your personal information, including health-related data.

3.2 Data Protection

We take steps to safeguard your personal information, particularly any sensitive health information, but no system is completely secure. By using the Service, you acknowledge and accept the inherent risks associated with digital transmissions and storage.

3.3 User Consent

By providing any personal or health-related data, you grant us the right to use and process such information as described in our Privacy Policy.

4. USER CONDUCT

4.1 Prohibited Activities

When using our Service, you agree not to:

• Provide false or misleading account information.
• Upload or distribute any viruses, malware, or other harmful content.
• Harvest or collect any information about other users without their consent.
• Engage in unlawful, defamatory, obscene, or otherwise objectionable behavior.
• Reverse-engineer or otherwise tamper with the Service.
• Attempt to bypass any measures we use to restrict access or protect the Service.

4.2 Fair Use

You may use the Service only for personal, non-commercial purposes (unless specifically authorized by us). We reserve the right to monitor the Service for violations of these Terms.

5. INTELLECTUAL PROPERTY

5.1 Ownership

All intellectual property rights in and to the Service, including text, graphics, software code, and other content (collectively, "Content"), are owned by or licensed to Seneca Health. Nothing in these Terms grants you any right, title, or interest in the Service except the right to use it in accordance with these Terms.

5.2 License Grant

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

5.3 Restrictions

You shall not:

• Modify, reproduce, or create derivative works of any portion of the Service.
• Distribute, sell, or lease any part of the Service.
• Use any data mining, robots, or similar data-gathering techniques on the Service.

6. SUBSCRIPTION AND PAYMENT

6.1 Fees

Certain features or functionality within the Service may require a paid subscription or other fees. You will see details about any fees, payment schedule, and applicable taxes at checkout or in the App Store / Google Play Store listings.

6.2 Payment Methods

If you purchase through our website, we may use a third-party payment processor (e.g., Stripe). By providing payment information, you authorize us or our payment processor to charge your method of payment for the applicable fees. For subscriptions purchased through mobile app marketplaces (e.g., Apple App Store, Google Play Store), that marketplace's terms may govern billing and refunds.

6.3 Automatic Renewal

If a subscription is offered on a recurring basis, it will automatically renew at the end of each billing cycle unless you cancel. You may manage or cancel subscriptions in your user account settings or via the relevant app marketplace settings.

6.4 Refunds

Except as otherwise required by law or stated at the time of purchase, we do not offer refunds once a subscription or product is purchased. If you are dissatisfied, please contact us at [insert email] and we will address concerns on a case-by-case basis.

7. DISCLAIMERS

7.1 Not a Healthcare Provider

We are not a covered entity under HIPAA, and our Service does not constitute the practice of medicine, nursing, or any other professional healthcare service. Always seek the advice of qualified healthcare providers for any medical questions.

7.2 Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties regarding the accuracy, reliability, or completeness of any information provided through the Service.

7.3 No Guarantees

We cannot guarantee any particular results or outcomes from using our Service (e.g., improved health indicators). Any guidance or recommendations are informational only.

7.4 Force Majeure

We will not be considered in breach of these Terms or our Privacy Policy, nor liable for any failure or delay in performance, if such failure or delay arises from circumstances beyond our reasonable control. These circumstances include, but are not limited to, natural disasters (acts of God), war, terrorism, invasion, civil unrest, pandemics, strikes or labor disputes, utility or electrical outages, fires, floods, and other similar events. We will make reasonable efforts to minimize the effects of any such event and resume our obligations as soon as reasonably practicable once the force majeure condition has been resolved.

8. LIMITATION OF LIABILITY

8.1 Cap on Damages

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SENECA HEALTH OR ITS AFFILIATES BE LIABLE FOR DAMAGES EXCEEDING THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY DOLLARS ($50).

8.2 Exclusion of Certain Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Jurisdictional Restrictions

Some jurisdictions may not allow certain limitations of liability, so some or all of the above limitations may not apply to you.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Seneca Health, its affiliates, officers, directors, employees, agents, and successors from and against any claims, losses, damages, liabilities, costs, and expenses arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights

10. CHANGES TO THESE TERMS

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you via email or by posting a notice in the Service. The date at the top of these Terms indicates when they were last updated. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

11. GOVERNING LAW AND DISPUTES

11.1 Governing Law

These Terms and any dispute arising from them or the Service will be governed by and construed under the laws of the State of Delaware, without regard to conflict-of-laws principles.

11.2 Arbitration

Any dispute or claim relating in any way to these Terms or your use of the Service will be resolved exclusively by final and binding arbitration rather than in court, except that you may assert claims in small-claims court if your claims qualify. You and Seneca Health both waive the right to a trial by jury.

11.3 Class Action Waiver

You agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action.

11.4 Injunctive Relief

Nothing in these Terms prevents us from seeking injunctive or equitable relief in courts of competent jurisdiction if necessary to protect our proprietary interests.

12. MISCELLANEOUS

12.1 Entire Agreement

These Terms, along with the Privacy Policy and any other policies referenced, constitute the entire agreement between you and Seneca Health regarding the Service.

12.2 Severability

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

12.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

12.5 Contact Information

If you have any questions about these Terms or the Service, please contact:

Seneca Health, Inc.
Atlanta, GA
Email: info@flarebreak.com