Welcome to Flex! These Terms of Use ("Terms") govern your use of the Flex mobile application (the "App"), developed and provided by Better Futures Studio ("we," "us," "our"). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree to these Terms, please do not use the App.
By accessing or using Flex, you agree to be bound by these Terms, our Privacy Policy, and any other guidelines or policies referenced herein. You must be at least 18 years old or have the permission of a parent or guardian to use the App.
You acknowledge that these Terms constitute an agreement between you and Better Futures Studio only, not with Apple Inc. Better Futures Studio, not Apple, is solely responsible for the App and its content. These Terms are not intended to provide for usage rules for the App that conflict with the Apple Media Services Terms and Conditions.
The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license allows the App to be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Flex is designed to provide users with access to guided stretching and flexibility exercises. The App does not allow users to upload or share content. The exercises and information provided in the App are intended for general guidance only and are not medical advice. Always consult a healthcare provider before starting any new exercise program, especially if you have pre-existing health conditions.
When using Flex, you agree to:
To access and use Flex, you must create an account by providing accurate and complete information. You are responsible for:
All rights, titles, and interests in and to the App, including all intellectual property rights such as exercises, branding, app design, graphics, logos, and software, are owned by Better Futures Studio. You may not:
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Better Futures Studio, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Better Futures Studio is solely responsible for providing maintenance and support services for the App as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge that Better Futures Studio, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of health-related frameworks.
You agree to indemnify, defend, and hold harmless Better Futures Studio and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of your use of the App or violation of these Terms.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).
You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
We reserve the right to terminate or suspend your account or access to the App at our sole discretion, without notice or liability, for conduct that we believe violates these Terms or is harmful to others or the App.
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Florida for any disputes arising from these Terms or your use of the App.
In the event of any dispute, claim, or controversy arising from these Terms or your use of the App, the following procedures will apply:
We may update these Terms from time to time. If we make significant changes, we will notify you through the App or via email. By continuing to use the App after changes are made, you agree to the updated Terms.
If you have any questions, complaints, or claims regarding these Terms or the App, please contact:
Developer: Better Futures Studio
Address: 222 Yamato Rd #106-222, BOCA RATON, FL 33431
Email: flex-app@betterfutures.studio
Last updated: April 9, 2025