Last updated: January 2025
By accessing or using Flowdara's booking platform and related services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Service.
This Agreement is effective on the earlier of (1) the date you accept this Agreement by clicking an "I Agree" button or otherwise indicate acceptance, or (2) the date you first access or use the Services.
If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity to this Agreement.
Flowdara provides a comprehensive digital platform that connects clients with wellness practitioners for booking appointments and managing sessions. Our Service includes:
We reserve the right to change, suspend, or discontinue any features, components, or functions of the Services at any time with reasonable notice. We have no obligation to update or enhance any Services.
To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding the password and for maintaining the confidentiality of your account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account.
Unless otherwise specified, the initial subscription term is 90 days, automatically renewing in successive 30-day periods until terminated. Either party may terminate with at least 30 days' notice before the end of the relevant term. If you terminate early, you remain responsible for payment of all fees owed for the entire subscription term.
You agree to provide complete and accurate account information, including legal company name, address, email, bank account, and other requested information. You are responsible for timely updates and agree that Flowdara has no liability for losses caused by inaccurate account information.
You agree not to use the Service to:
Practitioners are solely responsible for their professional services, qualifications, licensing, and compliance with applicable laws and regulations. Flowdara does not provide medical or wellness services directly and serves as a platform facilitator only.
Flowdara charges competitive platform fees based on your subscription tier:
Platform fees are automatically deducted from payments before transfer to your connected bank account. Fee structures may be updated with 30 days' notice. We may collect any obligations you owe us by deducting corresponding amounts from funds payable to you.
Practitioners are responsible for maintaining accurate profile information, service descriptions, and availability. All content must be professional, accurate, and comply with applicable advertising standards for healthcare services.
You are solely responsible for any liability resulting from your handling of cardholder data. You agree to comply with PCI DSS standards anytime the Services are used to process credit cards.
Payments are processed through third-party payment processors including Stripe. By making a payment, you agree to the terms and conditions of our payment processors. YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION FEES FOR THE ENTIRE SUBSCRIPTION TERM. All payment obligations are non-cancelable and all fees paid are non-refundable.
Any amounts not received by the due date may accrue late interest at 1.5% per month or the maximum permitted by law, whichever is less, plus collection costs. Amounts not received within 30 days constitute material default, entitling us to suspend Services or terminate this Agreement.
Cancellation and refund policies are set by individual practitioners. Flowdara facilitates refunds according to the practitioner's stated policy but is not responsible for refund decisions.
Subscription fees do not include taxes. You are responsible for paying all applicable taxes. If we are required to pay or collect taxes on your behalf, we will invoice you and you agree to pay the invoiced amount.
The Service and its original content, features, and functionality are owned by Flowdara and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes.
You grant Flowdara a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use any suggestions, feedback, or recommendations you provide relating to the Services, and to use your business name, trademarks, and publicly available images in connection with providing the Services and for marketing purposes.
You own your data. You grant us a non-exclusive, worldwide license to use your data for providing, improving, and developing our services. You represent that you have all rights necessary to grant these licenses and that your use of data through our Services complies with applicable laws.
If you are subject to HIPAA and providing PHI in connection with the Services, you must notify Flowdara and enter into a Business Associate Agreement before accessing the Services. You are solely responsible for determining whether you are subject to HIPAA.
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.
Flowdara warrants that the subscribed Service will perform materially in accordance with our documentation. Your sole remedy for breach of this warranty is that we will use commercially reasonable efforts to modify the Service to achieve described functionality. If we cannot restore functionality, you may terminate and receive a pro-rata refund of prepaid fees.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLOWDARA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Flowdara does not warrant that the Service will be uninterrupted, timely, secure, or error-free. We do not endorse or guarantee the quality, safety, or legality of services provided by practitioners.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWDARA'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY YOU DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT OR $100, WHICHEVER IS GREATER.
IN NO EVENT SHALL FLOWDARA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF FLOWDARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FLOWDARA EXPRESSLY DISCLAIMS LIABILITY FOR DAMAGES CAUSED BY TRANSMISSION OF CARDHOLDER DATA PRIOR TO ENCRYPTION AND RECEIPT BY FLOWDARA-CONTROLLED SERVERS.
You agree to defend, indemnify, and hold harmless Flowdara and its officers, directors, employees, and agents from and against any third-party claims, damages, and expenses (including reasonable attorneys' fees) arising from or relating to: (1) your breach of these Terms; (2) your use of the Service; (3) your violation of intellectual property, privacy, or other rights of third parties; and (4) any dispute regarding ownership of or access to your data.
We may terminate your account immediately upon notice if you materially breach these Terms. Upon termination for cause, you must immediately pay any unpaid subscription fees for the remainder of the subscription term.
Upon termination: (1) you will cease using the Services; (2) we have no obligation to maintain your account or retain data, except as required by law; (3) for 30 days following termination, we will make your data available through standard web services, provided you have paid all amounts owed.
We may suspend your access if we believe any activity violates these Terms, infringes third-party rights, violates applicable laws, is disruptive or harmful, or if required by law.
Before pursuing formal dispute resolution, you agree to notify Flowdara in writing with a brief description of the dispute and your contact information. We will have 30 days to attempt resolution through good faith negotiations.
ALL DISPUTES NOT RESOLVED THROUGH INFORMAL RESOLUTION WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN COURT. YOU WAIVE THE RIGHT TO TRIAL BY JURY. ARBITRATION WILL BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. Any hearing will be held in San Luis Obispo County, California. The arbitrator's decision will be final and binding and may be confirmed in any court of competent jurisdiction.
These Terms shall be interpreted and governed by the laws of the State of California, without regard to its conflict of law provisions. The U.N. Convention on the International Sale of Goods will not apply.
We reserve the right to modify or replace these Terms at any time. Changes become effective when posted at https://flowdara.com/terms. For material changes, we will provide at least 30 days' notice. Continued use after changes constitutes acceptance. If you do not agree to changes, you must stop using the Services.
These Terms constitute the entire agreement between you and Flowdara regarding the Services and supersede all prior agreements and understandings.
If any provision is held invalid or unenforceable, it will be modified to accomplish the original provision's objectives to the fullest extent permitted by law, and remaining provisions will remain in effect.
You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Neither party will be liable for delays or failures in performance due to causes beyond reasonable control, including acts of God, government actions, natural disasters, cyberattacks, or labor disputes.
You agree to electronic communications and signatures. You waive any rights requiring original signatures or non-electronic records to the extent permitted by law.
If you have any questions about these Terms, please contact us at:
email: legal@flowdara.com
Address: Flowdara, Inc.
210 SW Century Dr.
Bend, OR 97702