Terms of Service
Please read these terms carefully before using the Flexwell app or any related services provided by Micawber Media LLC.
Please read these terms carefully before using the Flexwell app or any related services provided by Micawber Media LLC.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Micawber Media LLC, a Texas limited liability company ("Company," "we," "us," or "our"), with its principal place of business at 1885 FM 2673 Suite H31, Canyon Lake, TX 78132.
By downloading, installing, accessing, or using the Flexwell mobile application ("App"), our website at flexwell.com ("Site"), or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Services. Your continued use of the Services following any updates to these Terms constitutes your acceptance of such changes.
The Services are intended for personal, non-commercial use by individuals who meet the following age requirements:
We reserve the right to terminate accounts or deny access to any user we reasonably believe does not meet these eligibility requirements.
THE STATEMENTS AND INFORMATION PROVIDED THROUGH FLEXWELL, INCLUDING SUPPLEMENT DATA, TRACKING FEATURES, TIMING RECOMMENDATIONS, INTERACTION ALERTS, AND AI-GENERATED GUIDANCE, HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA). FLEXWELL IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, PREVENT, OR MITIGATE ANY DISEASE OR MEDICAL CONDITION.
Flexwell is a personal tracking and informational tool designed to help users organize their supplement routines. We do not sell, endorse, or manufacture any dietary supplement or health product.
The dietary supplement information displayed in the App — including product descriptions, ingredient data, dosage information, health claims, and interaction flags — is provided for informational and organizational purposes only. This information:
Always seek the advice of your physician, pharmacist, or other qualified healthcare professional before beginning, modifying, or discontinuing any dietary supplement, vitamin, mineral, herbal product, or medication. Never disregard professional medical advice or delay seeking it because of something you have read or seen in the App.
If you experience a medical emergency, call 911 or your local emergency number immediately. Flexwell is not a crisis intervention tool and is not equipped to provide emergency health guidance.
NOVA IS AN AI-POWERED INFORMATIONAL TOOL. NOVA'S RESPONSES ARE NOT MEDICAL ADVICE, ARE NOT PROVIDED BY LICENSED HEALTHCARE PROFESSIONALS, AND DO NOT CONSTITUTE A PATIENT-PROVIDER RELATIONSHIP OF ANY KIND. YOU USE NOVA'S GUIDANCE ENTIRELY AT YOUR OWN RISK.
Flexwell's AI advisor, NOVA, is powered by third-party large language model technology (currently OpenAI GPT-4o) and is designed to provide general, informational guidance about your supplement stack, potential timing strategies, and general wellness information based on data you provide.
NOVA's responses are generated by a machine learning model and may be incomplete, inaccurate, outdated, or inappropriate for your individual health circumstances. NOVA does not have access to your complete medical history, current medications, allergies, or clinical lab values unless you explicitly provide them — and even then, NOVA cannot interpret such information in a clinical capacity.
You assume full responsibility for any decisions you make based on NOVA's responses. The Company expressly disclaims all liability for any harm, injury, loss, or adverse outcome resulting from your reliance on NOVA's guidance.
NOVA's outputs are subject to OpenAI's usage policies. We make no warranty that NOVA will be available at all times or that its responses will be error-free.
We strive to provide accurate and up-to-date supplement information within Flexwell, including product data sourced from barcode scanning, manufacturer databases, and third-party nutrition databases. However, we make no representations or warranties regarding the accuracy, completeness, reliability, timeliness, or fitness of this information.
Supplement information in the App — including but not limited to:
— is provided for informational purposes only and may contain errors, omissions, or outdated data. Product formulations change. Scientific research evolves. Regulatory status varies by jurisdiction.
⚠ Always verify supplement information with the manufacturer's current label or a qualified healthcare provider before making any health decisions. Do not rely solely on Flexwell's data to determine safety, dosage, or suitability of any supplement for your individual circumstances.
The Company shall not be liable for any damages arising from your reliance on inaccurate, incomplete, or outdated information within the App.
Flexwell may collect health-related information that you voluntarily enter, including supplement names and dosages, daily tracking logs, streak data, health goals, and wellness notes. This information is stored to provide you with the App's core tracking and personalization features.
With your explicit permission, Flexwell may access health and fitness data from Apple HealthKit, Apple Watch, and other connected health platforms or wearable devices. By enabling this integration, you authorize us to read and display relevant health metrics (such as activity data, sleep data, or heart rate) within the App to enhance your supplement tracking experience.
Your HealthKit data will not be:
You can revoke HealthKit permissions at any time through your device's iOS Settings > Privacy & Security > Health.
⚠ Micawber Media LLC is not a "covered entity" or "business associate" as defined under the Health Insurance Portability and Accountability Act (HIPAA). Flexwell is a consumer wellness application, not a healthcare provider, health plan, or healthcare clearinghouse. HIPAA protections do not apply to data you share with Flexwell.
Your health data is handled in accordance with our Privacy Policy. We implement reasonable technical and organizational safeguards to protect your data, but we cannot guarantee absolute security. By using the health tracking features, you acknowledge and accept these limitations.
You may request deletion of your account and associated health data at any time by contacting us at hello@flexwell.com. Upon account deletion, we will remove your personal data in accordance with our Privacy Policy and applicable law.
Flexwell offers a free tier with limited features at no charge. No payment information is required to access free tier features.
Flexwell Premium provides access to enhanced features including, but not limited to, advanced AI insights from NOVA, unlimited supplement tracking, and priority support. Premium is available at the following rates:
Pricing is subject to change with advance notice. All prices are in U.S. Dollars and exclusive of applicable taxes.
Flexwell Premium subscriptions are processed through Apple App Store In-App Purchases ("IAP") managed via RevenueCat. By subscribing, you authorize Apple to charge your Apple ID account at the then-current subscription rate on a recurring basis (monthly or annually, as selected) until you cancel.
Your subscription will automatically renew at the end of each subscription period unless you cancel at least 24 hours before the renewal date. Your Apple ID account will be charged within 24 hours prior to the end of the current period.
You may cancel your subscription at any time through your Apple ID account settings:
Cancellation takes effect at the end of the current billing period. You will retain access to Premium features through the end of the paid period. Deleting the App does not cancel your subscription.
⚠ All purchases are managed by Apple through the App Store. Micawber Media LLC does not directly process payments and has no ability to issue refunds for App Store purchases. Refund requests must be submitted to Apple directly at reportaproblem.apple.com and are subject to Apple's refund policies.
No prorated refunds are provided for partial subscription periods, unused features, or unused portions of an annual plan following cancellation mid-term. Access to Premium features continues until the end of the paid billing period.
If a free trial is offered, it will begin immediately upon subscription. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid plan and your Apple ID will be charged.
We reserve the right to modify subscription pricing at any time. We will provide advance notice of price changes through the App or by email. Your continued use of Premium following a price change constitutes acceptance of the new pricing.
All content, features, functionality, and materials within the Flexwell App and on the Site are the exclusive property of Micawber Media LLC or its licensors and are protected by United States and international intellectual property laws.
This includes, without limitation:
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes, strictly in accordance with these Terms. This license does not include the right to:
Any rights not expressly granted herein are reserved by Micawber Media LLC.
You retain full ownership of the personal health data, supplement logs, and tracking information you input into Flexwell ("Your Data"). We do not claim ownership of Your Data. Your Data is used solely to provide and improve the Services as described in our Privacy Policy.
If you submit feedback, ideas, bug reports, feature requests, or suggestions regarding the Services ("Feedback"), you hereby grant Micawber Media LLC a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback for any purpose, without compensation to you and without restriction.
You represent that any Feedback you provide is your original work and does not infringe any third-party rights. We are not obligated to act on or implement any Feedback.
You agree not to use the Services to:
Flexwell integrates with and relies upon the following third-party services to deliver its features. These services are operated by independent companies, and your use of their features is subject to their respective terms of service and privacy policies:
We are not responsible or liable for the availability, accuracy, content, privacy practices, security, or reliability of any third-party service. We do not endorse and make no representations about third-party services. The inclusion of third-party integrations does not imply our approval of those services.
If any third-party service becomes unavailable, modifies its functionality, or changes its terms in a manner that affects Flexwell's features, we will not be liable for any resulting interruption or degradation of the Services.
Links or references to third-party websites or services are provided for convenience only. You access such services at your own risk.
THE SERVICES, INCLUDING THE APP, SITE, NOVA AI ADVISOR, ALL CONTENT, AND ALL FEATURES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MICAWBER MEDIA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
We do not warrant that the supplement information, AI-generated insights, interaction alerts, or any other content within Flexwell is accurate, complete, or appropriate for your individual health situation. Your use of the Services is entirely at your own risk.
Some jurisdictions do not allow the exclusion of implied warranties. To the extent such exclusions are not permitted under applicable law, the above disclaimers apply to the maximum extent allowed.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICAWBER MEDIA LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR PERSONAL INJURY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limitation applies to damages arising from, including but not limited to:
Aggregate Liability Cap: In any event, the total cumulative liability of Micawber Media LLC to you for all claims arising out of or related to these Terms or your use of the Services shall not exceed the greater of: (a) the total amount you paid to us for the Services during the twelve (12) months immediately preceding the claim, or (b) fifty dollars ($50.00 USD).
Some jurisdictions do not allow limitations on liability for personal injury or certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Micawber Media LLC and its officers, directors, members, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. YOU ARE AGREEING TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVING YOUR RIGHT TO A JURY TRIAL, AND WAIVING YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS.
Except for disputes expressly excluded below, you and Micawber Media LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes"), shall be resolved exclusively through final and binding individual arbitration, rather than in court.
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted in Comal County, Texas, or via videoconference if mutually agreed. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND MICAWBER MEDIA LLC EACH AGREE THAT ANY PROCEEDING TO RESOLVE A DISPUTE SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION PROCEEDING. The arbitrator shall have no authority to consolidate claims or preside over any form of class or representative proceeding.
YOU AND MICAWBER MEDIA LLC EACH WAIVE ANY RIGHT TO A JURY TRIAL for any Dispute subject to this arbitration agreement, to the fullest extent permitted by applicable law.
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to hello@flexwell.com within 30 days of the date you first agreed to these Terms. Your notice must include your full name, email address associated with your account, and a clear statement that you are opting out of arbitration. If you opt out, disputes will be resolved in court as provided in Section 16.
The following disputes are excluded from the arbitration agreement:
If any portion of this arbitration clause is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration provisions shall remain in full force. If the class action waiver is found unenforceable in a particular proceeding, that proceeding shall proceed in court and not in arbitration.
We reserve the right to suspend or terminate your access to the Services, with or without notice, at our sole discretion, for any reason, including but not limited to:
You may terminate your account at any time by deleting your account within the App settings or by contacting us at hello@flexwell.com. Termination of your account does not automatically cancel any active App Store subscription — you must cancel separately through Apple (see Section 7).
Upon termination of your account, your license to use the Services immediately ceases. We may delete your account data in accordance with our Privacy Policy. The following provisions survive termination: Sections 3, 4, 5, 8, 9, 11, 12, 13, 14, 16, and any other provisions that by their nature should survive.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles, except to the extent governed by the Federal Arbitration Act as described in Section 14.
For any disputes not subject to binding arbitration under Section 14 (or where the arbitration agreement is found unenforceable), you and Micawber Media LLC consent to the exclusive personal jurisdiction of the state and federal courts located in Comal County, Texas, and waive any objection to the laying of venue in such courts.
Nothing in these Terms shall prevent either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.
Micawber Media LLC is committed to ensuring that Flexwell is accessible to users with disabilities. We target compliance with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards across our App and Site.
Our ongoing accessibility efforts include:
We recognize that accessibility is an ongoing process. If you encounter any accessibility barriers while using the Services, or if you require a reasonable accommodation to access features of the App, please contact us at:
📧 Accessibility Requests: hello@flexwell.com — Please include "Accessibility" in the subject line. We will respond within a reasonable timeframe and work in good faith to address your needs.
We do not discriminate against users with disabilities and are committed to providing an inclusive experience for all users.
Micawber Media LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to:
In the event of a force majeure, we will use commercially reasonable efforts to resume the affected Services as soon as practicable. Force majeure events do not excuse payment obligations that have already accrued.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect and shall not be affected by the invalidity or unenforceability of any other provision.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a continuing or further waiver of such term, or a waiver of any other term. Any waiver must be in writing and signed by an authorized representative of Micawber Media LLC to be effective.
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes, we will:
Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services and, if applicable, cancel your subscription.
We encourage you to review these Terms periodically. The most current version will always be available at flexwell.com/terms.
If you have any questions, concerns, or requests regarding these Terms, please contact us:
Micawber Media LLC
1885 FM 2673 Suite H31
Canyon Lake, TX 78132
For accessibility accommodation requests, include "Accessibility" in your subject line.
For legal notices, please send correspondence to our address above via certified mail.