1. Acceptance of Terms
These Terms & Conditions ("Terms") govern access to and use of the websites, applications, communication interfaces, and related services provided by Fluidly, Inc. ("Fluidly," "we," "us," or "our").
By accessing or using the Services, you agree to these Terms to the extent applicable to your use.
If you use the Services on behalf of an organization, you represent that you have the authority to act on that organization's behalf.
Separate agreements may govern healthcare organizations, enterprise customers, and authorized Platform users. If an applicable signed agreement conflicts with these Terms, that agreement controls to the extent of the conflict.
2. Description of Services
Fluidly provides software for process intelligence, workflow orchestration, information integration, AI-assisted automation, decision support, and operational coordination.
Healthcare applications may include medication refill coordination, patient communications, EHR interoperability, clinical context organization, administrative workflows, and other configured use cases.
Features may vary by customer, deployment, configuration, and development stage.
3. Eligibility and Authorized Use
Users must have the legal capacity and appropriate authorization to access the Services.
Organizational users may access only the accounts, information, functions, and systems they are authorized to use.
Patients accessing healthcare-related messaging services must follow the instructions provided by their participating healthcare organization.
4. Healthcare and Clinical Limitations
Fluidly provides technology and workflow support, not independent medical care.
Fluidly is not a healthcare provider, pharmacy, emergency medical service, or substitute for a licensed healthcare professional.
The Services do not independently establish a clinician-patient relationship.
Information or recommendations generated by the Services must not be treated as a substitute for professional clinical judgment.
Medication refill requests are subject to applicable clinical review, prescribing authority, organizational policies, and legal requirements.
Submitting a refill request does not guarantee that a prescription will be approved, renewed, dispensed, or available by a particular time.
5. No Emergency Services
The Services are not intended for emergencies or urgent medical conditions.
Do not rely on Fluidly messaging or workflow systems for immediate medical assistance.
For a medical emergency in the United States, call 911 or seek appropriate emergency care.
6. AI-Assisted Functionality
The Services may use AI models, automated reasoning, configurable policies, and software agents to support workflows.
AI-generated content may contain inaccuracies, omissions, or unexpected results.
Organizations are responsible for ensuring appropriate oversight, authorization, and validation of workflows used in their operations.
Fluidly does not guarantee that AI-generated outputs will be error-free or suitable for every circumstance.
Automated actions are subject to the applicable configuration, permissions, agreements, and safeguards.
7. Accounts and Security
Authorized users are responsible for maintaining the confidentiality of their account credentials and promptly reporting suspected unauthorized access.
Users must not share credentials improperly, circumvent access controls, or attempt to access information beyond their authorization.
Organizations are responsible for administering their authorized users in accordance with applicable agreements.
8. Acceptable Use
You agree not to:
- Access or disclose information without authorization.
- Interfere with the security or operation of the Services.
- Introduce malicious code or conduct unauthorized testing.
- Use the Services for unlawful, deceptive, or abusive purposes.
- Submit false patient information or impersonate another person.
- Circumvent clinical approval, identity verification, or authorization controls.
- Use the Services to send unsolicited or unlawful communications.
- Reverse engineer or exploit the Services except where legally permitted or expressly authorized.
Fluidly may restrict access where reasonably necessary to protect security, comply with law, or enforce applicable agreements.
9. Healthcare Organization Responsibilities
Participating healthcare organizations remain responsible for their clinical services, professional decisions, patient relationships, prescribing practices, regulatory obligations, and authorized access to EHR systems.
Organizations must establish appropriate permissions, patient communication procedures, and safeguards for their use of the Services.
Any allocation of responsibilities concerning PHI is governed by the applicable BAA and other signed agreements.
10. SMS and Electronic Communications
Where SMS functionality is offered, Fluidly or a participating healthcare organization may send transactional messages related to authorized workflows and service requests.
Participation is subject to applicable consent requirements.
Message frequency varies. Message and data rates may apply.
Recipients may reply STOP to opt out of applicable SMS messages.
Carriers are not liable for any delayed or undelivered messages.
Additional conditions are provided in our SMS Messaging Terms and Privacy Policy.
Consent to receive marketing messages is not required as a condition of obtaining healthcare services.
11. Third-Party Services
The Services may integrate with third-party technologies, including EHR systems, cloud infrastructure, messaging providers, identity services, and AI technologies.
Availability and functionality may depend on third-party services and applicable agreements.
Fluidly is not responsible for independent third-party services outside its control, except to the extent required by applicable law or contractual obligations.
12. Intellectual Property
The Fluidly name, branding, software, documentation, designs, and proprietary technologies are owned by Fluidly or its licensors, except where otherwise stated.
These Terms do not transfer ownership of Fluidly intellectual property to users.
Customer and patient data ownership, permitted uses, and related rights are governed by applicable law and customer agreements.
13. Privacy and Confidentiality
Personal information is handled in accordance with the Privacy Policy and applicable agreements.
PHI is subject to applicable healthcare privacy laws and BAAs.
Users must respect the confidentiality of information they access through the Services.
14. Availability and Changes
Fluidly may modify, improve, suspend, or discontinue features, subject to applicable customer agreements.
We do not guarantee uninterrupted availability of public website or evaluation features.
Service commitments, if any, are governed by separate agreements.
15. Disclaimers
To the extent permitted by law, public website and evaluation features are provided on an "as available" basis without warranties beyond those expressly provided in applicable agreements.
Nothing in these Terms excludes obligations or warranties that cannot lawfully be excluded.
Any production service warranties are governed by the applicable customer agreement.
16. Limitation of Liability
To the extent permitted by applicable law, liability arising from use of the Services is subject to the limitations established in applicable signed agreements or otherwise permitted by law.
These Terms do not limit liability where such limitations are prohibited, nor do they override applicable statutory rights.
Specific commercial liability limits, exclusions, and remedies for enterprise customers will be set out in their agreements.
17. Termination
Users may discontinue use of public website features at any time.
Fluidly may suspend unauthorized or unlawful use where permitted.
Termination of organizational access, return or deletion of customer data, and continuing obligations are governed by applicable customer agreements and law.
18. Governing Law
Unless an applicable written agreement provides otherwise, these Terms are governed by the laws of the State of California, subject to applicable mandatory consumer protections and conflict-of-law principles.
19. Changes to Terms
Fluidly may revise these Terms from time to time.
Updated Terms will be published with a revised effective date, and additional notice or acceptance will be obtained where required.
20. Contact
Fluidly, Inc.
Website: https://fluidly.ai
Legal inquiries: support@fluidly.ai
Mailing address: 3540 Rawley St Corona CA 92882