MOBILE APPLICATION
END USER LICENSE AGREEMENT
Updated 15 September 2025
IMPORTANT:
PLEASE READ EVERYTHING BELOW CAREFULLY BEFORE ACCEPTING. BY REGISTERING, ENTERING YOUR NAME AND CLICKING “ACCEPTED AND AGREED,” OR USING ANY SERVICES, CUSTOMER AGREES TO THIS MOBILE APPLICATION END USER LICENSE AGREEMENT.
This Mobile Application End User License Agreement (”EULA”) is a binding agreement between you (”End User” or “you”) and Fresh Clinics Management, LLC (“Fresh Clinics,” “Company” or “we/our”). This EULA governs your use of the Fresh Clinics client-side software application (“FC App”) on a mobile device (e.g., iPhone, iPad, or Android smartphone, etc.), computer, or other compatible device that you own or otherwise control (“Own Device”) used by the User to access and use the Fresh Clinics Services Platform (“Services Platform”) as described in the Fresh Clinics Terms of Service (“Terms of Service”) available here: Terms of Service. Use of the FC App requires you to agree to this EULA for each of your Own Devices you wish to use to access and use the Services Platform.
THIS EULA IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND FRESH CLINICS. BY CLICKING THE “ACCEPTED AND AGREED” BUTTON OR DOWNLOADING, INSTALLING OR USING THE FC APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE FC APP, AND DELETE IT FROM YOUR MOBILE DEVICE. IF YOU DO NOT AGREE WITH THIS EULA IN ITS ENTIRETY, YOU MAY NOT REGISTER OR USE ANY FRESH CLINICS’ SERVICES, AND DOING SO WOULD BE UNAUTHORIZED, CONSTITUTE A TRESPASS OF OUR SITE, AND VIOLATE APPLICABLE LAW.
This EULA is effective as of the date you click “Accepted and Agreed” (the “Effective Date”).
1. THE FC APP LICENSE.
1.1 License Grant. Subject to the terms of this EULA, Company grants you a limited, non-exclusive, and nontransferable license during the Term of your subscription to the Services Platform to:
1.1.1. download, install, and use a single copy of the FC App on your Own Device strictly in accordance with the FC App’s documentation; and
access, stream, download, and use on such Own Device the Platform Services made available in or otherwise accessible through the FC App, strictly in accordance with this EULA and the Terms of Service applicable to the Services Platform, as set forth in Section 5.
1.1.2. access, stream, download, and use on such Own Device the Platform Services made available in or otherwise accessible through the FC App, strictly in accordance with this EULA and the Terms of Service applicable to the Services Platform, as set forth in Section 5.
2. License Restrictions.
You receive no rights to the FC App other than those specifically granted in Section 1.1 above. Without limiting the generality of the foregoing, you shall not:
2.1. copy the FC App, except as expressly permitted by this license;
2.2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the FC App;
2.3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the FC App or any part thereof;
2.4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the FC App, including any copy thereof;
2.5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the FC App, or any features or functionality of the FC App, to any third party for any reason, including by making the FC App available on a network where it is capable of being accessed by more than one device at any time;
2.6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the FC App; or
2.7. use the FC App in, or in association with, the design, construction, maintenance, or operation of any safety-critical applications, including medical or life-support systems.
3. Reservation of Rights.
Copies of the FC App created or transferred pursuant to this EULA are licensed, not sold. You receive no title to or ownership of any copy or of the FC App itself. Company and its licensors and service providers reserve and shall retain their respective entire right, title, and interest in and to the FC App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
4. Software Transfer.
You may not transfer this EULA or the rights to the FC App granted herein to any third party without the written consent of Company. Prior to any such approved transfer, the end user receiving the FC App must also agree to all the EULA terms.
5. Collection and Use of Your Information.
You acknowledge that when you download, install, or use the FC App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Own Device and about your use of the FC App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the FC App or certain of its features or functionality, and the FC App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this FC App is subject to our Privacy Policy at: Privacy Policy. By downloading, installing, using, and providing information to or through this FC App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and our Terms of Service.
6. Content and Services.
The FC App may provide you with access to Company’s website located at www.FreshClinics.com , including any subdomains, affiliated websites and social media pages (collectively, “Site”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the FC App may be hosted on the Site (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Site's Terms of Service and Privacy Policy located at Terms of Service and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services require you to acknowledge your acceptance of such Terms of Service and Privacy Policy and/or to register with the Site, and your failure to do so may restrict you from accessing or using certain of the FC App’s features and functionality. Any violation of such Terms of Service will also be deemed a violation of this EULA.
7. Geographic Restrictions.
The Content and Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
8. Updates.
8.1. Company may from time to time in its sole discretion develop and provide FC App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
8.1.1. the FC App will automatically download and install all available Updates; or
8.1.2. you may receive notice of or be prompted to download and install available Updates.
8.2. You shall promptly download and install all Updates and acknowledge and agree that the FC App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the FC App and be subject to all terms and conditions of this EULA.
9. Third-Party Materials.
The FC App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
10. Term and Termination.
10.1. The term of this EULA commences when you download the FC App, and will continue in effect until terminated by you or Company as set forth in this Section 10.
10.2. You may terminate this EULA by deleting the FC App and all copies thereof from your Mobile Device.
10.3. Company may terminate this EULA at any time without notice if it ceases to support the FC App, which Company may do in its sole discretion or your subscription to the Services Platform ends. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this EULA.
10.4. Upon any termination:
10.4.1. all rights granted to you under this EULA will also terminate; and
10.4.2. you must cease all use of the FC App and delete all copies of the FC App from your Mobile Device and account.
10.5. Termination will not limit any of Company’s rights or remedies at law or in equity
11. DISCLAIMER OF WARRANTIES.
11.1. THE FC APP IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FC APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE FC APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
11.2. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
The Content and Services are based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
12. LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE FC APP OR THE CONTENT AND SERVICES FOR:
12.1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
12.2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE FC APP.
12.3. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE FC APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12.4. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. Indemnification.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the FC App or your breach of this EULA, including but not limited to the content you submit or make available through the FC App.
14. BINDING ARBITRATION – PLEASE READ THIS SECTION CAREFULLY.
14.1. Agreement to Arbitrate Disputes. Except as provided in Section 14.7, any dispute between the parties arising out of this EULA, including but not limited to matters of validity, interpretation, application, or breach of the EULA (each a “Dispute”) shall be determined by binding arbitration by a single arbitrator (“Arbitration Agreement”). Arbitration is generally more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Where so authorized, arbitrators can award the same damages and relief that a court can award. BY AGREEING TO THESE TERMS, YOU AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2. Arbitration Notice.If you or we have a Dispute as to which a party thereto intends to demand arbitration, such party shall first send a written notice to all other involved parties (“Arbitration Notice”) that includes the following: (i) the nature and basis of the Dispute; and (ii) the specific relief sought. If you and we do not reach an agreement resolving the Dispute within 30 days after the Arbitration Notice is sent, you or we may commence an arbitration proceeding by thereafter filing a copy of the Demand with JAMS (“Arbitration Administrator”) under its streamlined commercial arbitration rules and the Discovery Protocols of JAMS or their equivalent (collectively, “Rules”). Notwithstanding anything to the contrary in this Arbitration Agreement, the arbitrator shall be bound by the terms of this Arbitration Agreement and the EULA, which shall govern over the Rules and the Federal Arbitration Act.
14.3. Selection of Arbitrator. If the parties to the Dispute are unable to agree on an arbitrator from the list of arbitrators from the Arbitration Administrator, each of whom shall have substantial experience with matters involving the types of claims and industries that are the subject of the claims in the Dispute, within thirty (30) days of the initiation of the arbitration, such parties shall request from the Arbitration Administrator a list available arbitrators with experience in similar disputes (numbering 2 times the number of parties to the Dispute minus one), and each Party may within five (5) business days strike two names, leaving the remaining name(s) as the arbitrator. If more than one name remains, the Arbitration Administrator will make the selection from the remaining names. In the event that a party does not exercise its right to strike in accordance with the time frames above, the other party may select the arbitrator.
14.4. Electronic/In-Person Hearing; Procedures. The arbitration hearing shall take place in Harris County, Texas, except that any party to the Dispute may attend any hearings or conferences by videoconference. Regardless of the manner in which the arbitration is conducted, the arbitrator shall have the authority to require and supervise the exchange of relevant information, grant motions dispositive of all or part of any claim, to award monetary damages, and to grant any non-monetary remedy or relief available to a single individual or entity (and not a class or as a private attorney general) under and in accordance with applicable Law, the Rules, the EULA and the Terms of Service. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the Rules. The decision of the arbitrator shall be binding and conclusive upon the parties, their successors and assigns, and they shall comply with such decision in good faith. Judgment on the award may be entered in any court having jurisdiction. If we prevail on any claim that is part of the Dispute, we shall be entitled to receive our reasonable attorneys’ fees, expert witness fees and out-of-pocket costs, in addition to any other relief to which we may be entitled.
14.5. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain the confidentiality of all communications and documents related to any arbitration except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by applicable Law.
14.6. Claims Only in Individual Capacity. YOU AND FRESH CLINICS AGREE THAT EACH MAY BRING CLAIMS/DISPUTES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable Law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
14.7. Exceptions to Arbitration of a Dispute. The Arbitration Agreement shall not preclude Fresh Clinics from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Additionally, any claim by Fresh Clinics for a preliminary injunction, temporary restraining order or other equitable relief, and any claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of its IP or Confidential Information, may be brought in any court of competent jurisdiction.
15. General.
15.1. Governing Law. This EULA is governed by the laws of the state of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts in and for Houston, Texas, and consent to the personal jurisdiction of such courts for the purpose of litigating all claims or Disputes, except for claims or disputes that are required to be arbitrated as set forth in Section 14, Binding Arbitration. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15.2. Export Regulation. The FC App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the FC App to, or make the FC App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the FC App available outside the US.
15.3. Severability. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
15.4. Interpretation.