Terms of use

Last Updated: 1/14/2025

IF YOU BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR LOCAL MEDICAL PROVIDER OR DIAL 9-1-1. TELEHEALTH IS INTENDED ONLY FOR SPECIFIC, NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS.

We understand the importance of confidentiality and privacy regarding your information. Please refer to our Privacy Policy for details on how we collect, use, and disclose information about you.

Introduction

Flexup Wellness PLLC owns and operates flexupwellness.com (the “Site”). Your use of the Site, its components, or any associated features, services, content, and applications (collectively referred to as the “Services”) is governed by these Terms of Use (“Terms”). These Terms are entered into between you (“you”) and Flexup Wellness PLLC (“Flexup Wellness”) and its affiliated medical groups and providers (“Medical Groups” and “Providers”). By accessing or using the Services, you agree to be bound by these Terms.

Agreement to Terms

These Terms constitute a legally binding agreement between you and Flexup Wellness. Your access to and use of the Site and Services are governed by these Terms, along with any other terms and policies referenced herein. Even if you arrived at the Site or Services through a third-party platform, you agree these Terms govern your use. By using the Services, you confirm you have read, understood, and agreed to these Terms.

IF YOU DO NOT AGREE TO ALL TERMS OF USE AND THE OTHER REFERENCED TERMS AND POLICIES, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE OR SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Additional terms and conditions may be posted on the Site from time to time and are incorporated into these Terms by reference. Flexup Wellness reserves the right to modify these Terms or any related policies at its sole discretion at any time. Changes will be indicated by updating the “Last Updated” date, and your continued use of the Services constitutes your acceptance of the revised terms. If you do not agree, your sole remedy is to stop using the Services.

Requirements for Use

You must have compatible devices, internet access, and the necessary software to use the Site. Additional fees or data charges may apply based on your usage and internet provider.

Your Relationship with Flexup Wellness

Flexup Wellness may not provide medical services directly. Services may include access to affiliated medical organizations that deliver healthcare services. Providers are independent practitioners affiliated with these Medical Groups and solely responsible for the healthcare services they deliver. Accessing the Site does not create a patient-provider relationship, and the Services should not substitute for comprehensive medical advice, care, or diagnosis. Providers may determine certain conditions require in-person treatment, in which case you will be advised accordingly.

FLEXUP WELLNESS DISCLAIMS LIABILITY FOR ANY ADVICE, TREATMENT, OR SERVICES PROVIDED BY AFFILIATED PROVIDERS OR MEDICAL GROUPS.

Independent Medical Judgment

Flexup Wellness is not licensed to practice medicine and does not directly provide healthcare services. Flexup Wellness does not control or interfere with the independent medical judgment of Providers or their affiliated Medical Groups, who are solely responsible for the care and treatment provided to you. You understand that any medical decisions, including prescribing medication or recommending alternative care, are made solely at the discretion of the Providers based on their professional judgment.

Pharmacy Services

By agreeing to these Terms of Use, you acknowledge that Flexup Wellness does not act as a pharmacy and does not oversee pharmacy-related services. Any relationship with a pharmacy, pharmacist, or similar entity is independent and subject to the terms of that provider.

Electronic Communications

By accepting these Terms, you consent to receiving communications from Flexup Wellness electronically, including disclosures, notices, and reports. It is your responsibility to monitor these communications and retain copies for your records. Flexup Wellness will not be liable for any loss, injury, or claim arising from your failure to review or act upon these communications.

Access Rights and Prohibited Use

The Site is hosted in the United States and is intended for use within jurisdictions where its operation complies with applicable laws. Accessing the Site from other locations is at your own risk, and you are solely responsible for compliance with local laws.

The Services are intended for users who are at least 18 years old or legally able to consent to healthcare services in their jurisdiction. Use by individuals who do not meet this requirement is prohibited.

Protected Health Information (“PHI”)

The Site is designed to facilitate healthcare services by enabling the collection, storage, and transmission of relevant health and personal information (“Your Information”). While Flexup Wellness is not a “Covered Entity” under the Health Insurance Portability and Accountability Act (“HIPAA”), it may act as a “business associate” to affiliated Medical Groups and other entities that are subject to HIPAA regulations.

Your Information, including PHI, will be disclosed to Providers and Medical Groups to facilitate your care. By using the Services, you consent to the transmission of Your Information to laboratories, pharmacies, and other entities involved in your care. Any information that does not qualify as Protected Information under HIPAA or applicable state laws will be governed by the Flexup Wellness Privacy Policy.

Prohibited Activities

Flexup Wellness reserves the right to investigate and take appropriate action, including account suspension or termination, against users engaging in prohibited activities. These include, but are not limited to:

Impersonating any person or entity.
Using the Site for illegal purposes or to commit fraud.
Interfering with the functionality of the Site or its servers.
Collecting user information for unauthorized purposes.
Transmitting viruses or harmful code.

User Representations

By using the Site, you represent and warrant that:

All account information you provide is accurate and current.
You will maintain and promptly update your account information.
You are at least 18 years old or otherwise legally able to consent to healthcare services.
Your use of the Site complies with all applicable laws and regulations.

Failure to comply with these representations may result in suspension or termination of your account.

Proprietary Rights

Flexup Wellness owns all proprietary rights to the Site and its content, including trademarks, service marks, and copyrighted materials. Users may not copy, modify, distribute, or create derivative works from this content without prior written consent from Flexup Wellness or its licensors.

If you believe that copyrighted material has been improperly posted on the Site, please notify Flexup Wellness at contact@flexupwellness.com. Your notice should include:

Identification of the copyrighted work allegedly infringed.
Identification of the material claimed to infringe, including its location on the Site.
Your contact information.
A statement of good faith belief that the disputed use is unauthorized.
A statement, under penalty of perjury, confirming the accuracy of your claim.
Your signature, electronic or physical.

Flexup Wellness will address claims of copyright infringement promptly and may terminate accounts of repeat infringers.

Modifications to Site or Service

Flexup Wellness reserves the right to modify, suspend, or discontinue the Site or its features at any time without prior notice. Flexup Wellness will not be liable for any loss or inconvenience caused by such changes.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEXUP WELLNESS PLLC PROVIDES THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE (INCLUDING ALL CONTENT PROVIDED THEREIN). THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SATISFACTORY QUALITY. FLEXUP WELLNESS PLLC DOES NOT GUARANTEE THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, BE FREE OF ERRORS OR SECURITY ISSUES, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

ANY MATERIAL YOU DOWNLOAD OR OTHERWISE ACCESS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER ISSUES THAT MAY ARISE AS A RESULT OF ACCESSING SUCH MATERIALS. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT PERMITTED TO ACCESS OR DOWNLOAD ANY MATERIAL FROM THE SITE.

From time to time, the Site may display content, opinions, advice, offers, or other information from third parties. This third-party content is solely the responsibility of its authors and should not necessarily be relied upon. FLEXUP WELLNESS PLLC DOES NOT:

GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE; OR
ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY THIRD-PARTY OPINIONS, ADVICE, OR STATEMENTS.

UNDER NO CIRCUMSTANCES SHALL FLEXUP WELLNESS PLLC OR ITS AFFILIATES BE HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR RELIANCE ON SUCH INFORMATION OR CONTENT PROVIDED BY THIRD PARTIES.

Links to Other Websites or Resources

The Site may include advertisements, promotions, or links to external websites and resources provided by third parties. You acknowledge that Flexup Wellness PLLC has no control over the availability or content of these external websites or resources and does not endorse or assume liability for any information, products, services, or materials available through such links.

All interactions or business dealings with third-party advertisers or resources, including payment and delivery of goods or services, are strictly between you and the third party. FLEXUP WELLNESS PLLC DISCLAIMS ANY LIABILITY FOR DAMAGES OR LOSSES RESULTING FROM SUCH DEALINGS OR RELIANCE ON THIRD-PARTY CONTENT.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FLEXUP WELLNESS PLLC, INCLUDING ITS AFFILIATES, MEDICAL PROVIDERS, BUSINESS PARTNERS, LICENSORS, AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR SERVICE INTERRUPTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, FLEXUP WELLNESS PLLC’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR SERVICES. CLAIMS MUST BE FILED WITHIN ONE YEAR OF THE INCIDENT OR THEY SHALL BE FOREVER BARRED.

Let me know if you’d like any additional sections rewritten or further adjustments.

Governing Law

This Agreement and any dispute arising from or related to it shall be governed by the laws of the State of Iowa, without regard to its conflict of law principles. Any legal actions or proceedings related to this Agreement must be brought exclusively in the courts located in Polk County, Iowa. By using the Site, you consent to the jurisdiction of these courts and waive any objections to venue.

Indemnification

You agree to indemnify and hold harmless Flexup Wellness PLLC, its affiliates, subsidiaries, subcontractors, clients (including medical groups and providers), and their respective officers, directors, employees, agents, and volunteers from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your breach of this Agreement;
Any content you upload, post, or otherwise make available on the Site; or
Your violation of any law, regulation, or the rights of a third party.

Flexup Wellness PLLC reserves the right to assume exclusive defense and control over any matter subject to indemnification. In such cases, you agree to cooperate with Flexup Wellness PLLC’s defense efforts.

Notices

Flexup Wellness PLLC may provide you with notices regarding this Agreement through various means, including but not limited to email, regular mail, SMS, MMS, text messages, or postings on the Site. You acknowledge that these notices are deemed received by you, regardless of whether you access them in an authorized manner.

Payments

By using the Site, you agree to pay all fees associated with Services or Healthcare Services as outlined during your transaction. Flexup Wellness PLLC reserves the right to adjust prices at its discretion. Payment details, such as credit card information, will be securely retained for processing co-pays, deductibles, missed appointment fees, or subscription services.

Your payment obligations extend to fees charged by medical providers, pharmacies, or labs connected to services rendered through the Site. In the event of failed payments or expired credit card details, you may be required to update your payment method. Flexup Wellness PLLC reserves the right to withhold services until payments are resolved.

Subscription services will be billed at regular intervals as specified during your purchase. You may cancel subscriptions at any time, but cancellations will take effect at the end of the current billing period. Unless otherwise specified in a refund policy, all fees are non-refundable, and you remain liable for any charges incurred.

Termination

These Terms of Use remain effective as long as you access or use the Site. You may terminate this Agreement by discontinuing use of the Site. Flexup Wellness PLLC reserves the right to suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including violations of these Terms.

Following termination, Flexup Wellness PLLC may retain or delete communications and materials in accordance with its internal policies. However, medical groups or providers may be obligated to provide access to health records or continue care as legally required. You agree not to attempt to use the Site after termination and to indemnify Flexup Wellness PLLC for any liabilities resulting from unauthorized use.

Entire Agreement

These Terms of Use, along with any additional terms or policies referenced herein, constitute the complete agreement between you and Flexup Wellness PLLC regarding your use of the Site. Section titles are for convenience and have no legal significance. If any provision of this Agreement is found to be unenforceable, the remainder shall remain in effect.

No waiver of any provision or right by Flexup Wellness PLLC shall be deemed a waiver of other rights or provisions. Your account and its contents are non-transferable and terminate upon your death. This Agreement does not create any agency, partnership, joint venture, or employment relationship between you and Flexup Wellness PLLC.

Assignment

You may not assign any rights or obligations under this Agreement without prior written consent from Flexup Wellness PLLC. Any unauthorized assignment will be null and void. Flexup Wellness PLLC may assign its rights and obligations under this Agreement to an affiliate or third party without notice to you, including in cases of mergers or asset transfers.

Flexup Wellness, PLLC

Terms of use