Terms of Service

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Welcome to Flexa!

We offer an AI-powered movement therapy platform that uses breakthrough Neural Code AI technology to deliver personalized movement therapy through your smartphone. The Flexa platform has 3 core components:

• Neural Code AI Movement Assessments
• Personalized Therapy Program
• AI Coach Guidance

Our services are provided through the Flexa App.

By accessing or using our services, you agree to be bound by these Terms & Conditions (the “Terms”). These Terms are applicable to anyone who accesses or uses our services regardless of the status of registration or subscription.

These Terms have been last updated on and effective from June 2, 2025. We may update the Terms from time to time. So please check this page regularly for updates.

To help you read these Terms, we have organized it into the following sections:

1. Services from Flexa
2. Research and Data Use
3. Communication
4. Intellectual Property
5. Warranties, Liability, Indemnity & Governing Law
6. Dispute Resolution
7. Miscellaneous
8. Contact Us

1. Services from Flexa

Flexa offers a personalized movement therapy program that addresses the root causes of pain through our integrated, evidence-based approach:

• Neural Code AI Movement Assessments: Using Neural Code AI technology, created by neuroscientist Dr. Sheila Nirenberg and licensed to Spiral Health, our platform analyzes your dynamic movement patterns through six standardized assessments using your smartphone camera. This technology identifies specific movement dysfunctions and postural patterns that contribute to pain.
• Personalized Therapy Program: You receive a custom-tailored therapy program consisting of daily corrective exercises selected from our comprehensive library based on established movement-science principles for postural and functional movement correction.
• AI Coach Guidance: Our AI Coach provides ongoing support, motivation, and program adjustments based on your progress and feedback, creating a personalized journey toward pain-free movement.

The above services from Flexa are referred to as the “Services” in these Terms.

Flexa does not practice medicine or provide any clinical services.

All professionals performing clinical services hold required licenses issued by the professional licensing boards or agencies in the states where they practice. Flexa is not responsible for a professional’s acts, omissions, or for the content of any communications made by a professional through the Services, including without limitation any medical advice, course of treatment, or diagnosis.

Eligibility for Using Services

Before you create an account with Flexa, make sure that you are eligible to use our Services. You represent and warrant that:

• You are at least 18 years of age;
• You are legally qualified to enter a binding contract with Flexa;
• You are not prohibited by law from using our Services;
• 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
• You are not on any list of individuals prohibited from conducting business with the United States.

Some of the other requirements for using the Services from Flexa are:

• You must not create multiple accounts.
• You acknowledge that as part of your movement therapy program you will engage in physical exercises and understand that with all such physical activity, there is a risk of injury or complication to any existing conditions.
• You may not be eligible to receive the Services in the following situations: (a) if you suffer from a health condition that is incompatible with at least thirty minutes of moderate exercise; (b) if you had a recent fracture; (c) if you recently (in the last four weeks) suffered significant trauma in the area where you feel pain and cannot move the affected body area; (d) if you had musculoskeletal surgery recently (i.e., less than 3 months prior to enrollment); (e) if you have signs of infection in the area of pain, for example, if the area is red and swollen or you are experiencing fever or chills. In these cases, please seek clearance from a physician to engage in at least thirty minutes of unsupervised exercise before applying to enroll in Flexa.

Not Medical Advice

The Services from Flexa do not include any medical advice. Our Care Team members and other professionals do not provide any clinical advice, representation or warranty that a medication or treatment is safe, appropriate, or effective for you. You should consult a physician licensed in your state in all matters relating to your health. Any content provided to you as part of the Services, including content provided through third-party sites, is for informational purposes only.

Your Responsibilities for Using the Services

When you register for the Services from Flexa, you agree to:

• provide accurate and complete information about yourself;
• use the Services for your personal use only;
• seek medical advice from a qualified professional before using the Services if you have any pre-existing medical condition that may impact your ability to use the Services;
• comply with all applicable laws and regulations;
• maintain the confidentiality and security of your username and password and immediately notify Flexa of any unauthorized use of your account;
• be fully responsible for all activities that occur on your account;
• not copy, distribute, or share any aspect of the Services with a third party, except your healthcare provider, for any purpose;
• not resell the Services or prepare derivative works from the Services, whether by manual or automated methods;
• not use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
• not upload viruses or other malicious code or otherwise compromise the security of our Services;
• not upload or share any prohibited content;
• not circumvent, disable, breach, or otherwise interfere with security-related features of the Services, including by using bots, crawlers, spiders, data miners, scraping, or other tools;
• not attempt to decipher, decompile, disassemble, or reverse engineer any of the code or software used to provide the Services
• not forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
• not “Frame” or “mirror” any part of our Services;
• not use meta tags or code or other devices containing any reference to Flexa to direct any person to any other website for any purpose;
• not use or develop any third-party applications that interact with our Services or information without our written consent;
• not use the Services to harm, harass, or intimidate other users or Flexa employees.
• not use, access, or publish the Flexa application programming interface without our written consent; and
• probe, scan or test the vulnerability of our Services or any system or network.

Rights Granted to You by Flexa

Flexa grants you the privilege to access and utilize our Services in accordance with these Terms. Provided that you comply with these Terms, Flexa bestows upon you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes intended by Flexa and as permitted by these Terms and applicable laws. You may use the Services only for personal, non-commercial use.

Termination of Services

You can terminate your account with Flexa by using the “Delete My Account” feature of the Spiral App. Alternatively, you can contact Flexa at support@flexa.health and a member will assist you. Flexa may suspend or terminate your use of the Services for any reason at any time including, but not limited to, if your use of the Services: (1) fails to comply with these Terms; (2) violates applicable laws; (3) is harmful to Flexa. If your use of the Services is terminated, Flexa will have no further obligation to provide you with access to the Services.

If your account is terminated by you or by Flexa for any reason, these Terms continue and remain enforceable between you and Flexa. Your information will be maintained and deleted in accordance with our Privacy Policy.

2. Research and Data Use

Use of De-Identified Data for Research

By using the Flexa app, you agree that we may use your de-identified data for research purposes, including but not limited to retrospective studies, academic publications, internal data analysis, and improvement of our Services. “De-identified data” means information that has been stripped of personal identifiers in accordance with applicable privacy laws and standards, such that it cannot reasonably be used to identify you.

We may also collaborate with qualified academic institutions, research partners, or healthcare organizations, and in such cases, any data shared will remain de-identified and used solely for scientific or academic purposes under appropriate data use agreements that protect user privacy.

You may contact us at any time to request that your de-identified data not be used for future research studies. Please send such requests to support@flexa.health.

De-Identification Standards

All data used for research will be de-identified in accordance with the HIPAA Safe Harbor method or other applicable privacy standards, meaning it will not contain information that can reasonably identify you. These research efforts help us improve our Neural Code AI technology and movement therapy programs, and contribute to the broader understanding of musculoskeletal health, chronic pain, and digital movement therapy interventions.

Data Sharing for Research

De-identified data may be shared with qualified research institutions or third-party partners for the purposes of scientific or academic research, under data use agreements that protect user privacy and ensure compliance with applicable privacy laws.

3. Communication

As part of our Services, we will need to communicate with you by sending you program information, appointment schedules, reminders regarding pending actions, administrative messages and other communications (“Communications”).

We may send you Communications through electronic means including but not limited to: (1) by an Email ID that you provide to Flexa (2) by text messages or short messaging service (“SMS”) to the mobile number you gave us during registration (“SMS Messages”), (3) by push notifications on your Spiral App, and (4) by posting Communications on the Flexa website.

4. Intellectual Property

The Services and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Flexa.

Except as expressly set forth in these Terms, (1) no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Flexa and (2) you may not use or license the copyrights, trademarks, or patents without the express written permission of Flexa. All rights not expressly granted to you by these Terms are hereby reserved.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Flexa App or website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA.

5. Warranties, Liability, Indemnity & Governing Law

Disclaimer of Warranties

We provide the Services to you on an “as-is” and “as available” basis. To the maximum extent permitted by law, Flexa disclaims all warranties of any kind.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Flexa, its affiliates, directors, employees, partners or agents be liable for any indirect, consequential, exemplary, incidental, special, punitive, fixed, or enhanced damages, including without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Services; (ii) the conduct or content of any users or third parties in connection with the Services; or (iii) unauthorized access, use or alteration of your content, even if Flexa has been advised of the possibility of such damages.

Indemnity

You agree to indemnify, defend, and hold harmless Flexa, our Care Team members, our partners, our shareholders, officers, directors, managers and employees from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees and other expenses, that arise directly or indirectly out of or from (1) your violation of these Terms, (2) your activities in connection with use of the Services, and (3) your receipt of services from a professional through the Services. You agree to cooperate as reasonably required in the defense of any such claim.

Governing Law

The laws of the State of California and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims not subject to arbitration and brought in the United States will be subject to the jurisdiction of the courts of the State of California.

6. Dispute Resolution

If a dispute arises between you and Flexa about the Services, you agree to first try and resolve the dispute informally by sending an email to support@flexa.health.

If the dispute between you and Flexa is not resolved within 30 days after contacting us, then you agree to resolve it through final and binding arbitration, with the following three exceptions:

• You may assert your dispute, if it qualifies, in small claims court.
• Both you and Flexa may bring a suit in court in the state of California only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.
• If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

No Class Action

You agree that any claims or disputes arising from the use of our Services shall be resolved on an individual basis, and you waive your right to participate in any class action lawsuit, class-wide arbitration, or any other collective legal action against Flexa or its affiliates, directors, employees, or agents.

7. Miscellaneous

Changes To Terms

Flexa reserves the right to modify or update these Terms at any time, at its sole discretion. We will notify you of any changes, and it is your responsibility to review the updated Terms. Your continued use of our Services after any modifications indicates your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using our Services.

Accessing the Services

You are responsible for software, hardware and internet connectivity for accessing the Services. Flexa is not responsible for the security or availability of internet or any problems you may have relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with your use of the Services.

Severability

If any provision of these Terms is deemed to be invalid, unlawful, or unenforceable by a court or other legal authority, the remaining provisions shall remain in full force and effect. The invalid, unlawful, or unenforceable provision shall be considered severed from these Terms, and shall not impact the validity or enforceability of the other provisions.

Force Majeure

Flexa will not be deemed to be in breach or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, an epidemic or pandemic, terrorism, war, invasion, failure of public networks, natural disaster, civil disorder, strikes, embargoes, or other disaster.

Third Party Rights, Assignment, Acquisition, and Relationship

The indemnification and other legal provisions in these Terms are for the benefit of Flexa and third party providers of data, software, and content. Each of these individuals or entities has the right to assert and enforce these provisions directly against you on its own behalf. Flexa may assign our rights and duties under these Terms to any party at any time without notice to you or your approval. Nothing in this agreement creates an agency, partnership, or joint venture.

Acceptance of Terms

By using our Services, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy (iii) any additional terms upon purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.

Entire Agreement

These Terms are the entire agreement between you and Flexa.

8. Contact Us

If you have any questions about these Terms, you can contact us:

Online

support@flexa.health

By Post

Flexa
P.O. Box 2771
Rancho Santa Fe, CA 92067