Terms of Use
Fasikl, Inc. Terms of Use
Last Updated: May 28, 2025
Fasikl, Inc. (“Fasikl,” “we,” “us,” or “our”) is a Neuro-AI company dedicated to developing innovative AI therapies that provide patients and physicians with a new, more effective, safer, and personalized approach to treating diseases. We created the Felix™ mobile application (the “App”), used to control our Felix™ NeuroAI™ Wristband (the “Device”). These Terms of Use (“Terms”) govern your access to and use of our website at Fasikl.com (the “Site”), the Felix™ mobile application (the “App”), and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Services.
1. Acceptance & Eligibility
These Terms form a binding agreement between you and Fasikl. Your continued use of the Services, including browsing the Site or downloading/using the App, constitutes acceptance of these Terms and our Privacy Notice, available at Fasikl.com/privacy-notice. The Services are intended for users at least 18 years old, and you may not use the Services if you are under 18. By accessing or using the Services, you represent that you are at least 18 years of age. Although users under 18 are prohibited from using the Services, individuals aged 13 or older may access the App solely to assist an authorized adult user of the App and Device (e.g., a patient) under the adult’s supervision and solely for the benefit of the adult account holder. We do not collect age-identifying information or implement age verification mechanisms. The parent, legal guardian, or adult patient remains fully responsible for all activity conducted through the App, including any actions taken by minors acting on their behalf. By using the Services, you represent that you have the legal capacity to enter this agreement. We reserve the right to terminate accounts of users found to be under 13 or lacking proper consent.
2. License to Use
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to (1) access and use the Services solely for your personal, non-commercial purposes, (2) access and use the software and mobile applications provided by the Service, and (3) use the software that is embedded into the Device as authorized in these Terms. For App users, this license complies with Apple Media Services Terms and Conditions (for iOS) and Google Play Terms of Service (for Android), as applicable. You may download the App from authorized stores (e.g., Apple App Store, Google Play) and install it on compatible devices you own or control. You may not copy, modify, distribute, sublicense, or create derivative works of the Services without our written consent.
3. Account Registration & Security
To access certain App features, you must register an account using a phone number, email address, or Apple/Google ID. We support up to four login methods, with multi-factor authentication (e.g., SMS verification) to enhance security. In accordance with our security practices, the primary login method cannot be removed, but you may update secondary methods in App settings. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately at admin@Fasikl.com if you suspect unauthorized access. We reserve the right to suspend or terminate accounts for security breaches or misuse.
4. Prohibited Conduct
You agree not to:
- Reverse-engineer, decompile, or attempt to access the source code of the Services or Device firmware.
- Scrape, crawl, or use automated tools to collect data from the Services without permission.
- Interfere with the Services’ operation, including introducing viruses or harmful code.
- Misrepresent your identity or provide false account information.
- Use the Services for unauthorized medical purposes (e.g., diagnosing conditions or replacing professional care).
- Violate any applicable laws or third-party rights. We may investigate violations and cooperate with law enforcement, suspending or terminating accounts as needed.
5. User Content (App Uploads & Chatbot)
You retain ownership of any data, photos, videos, survey responses, or messages you upload or submit via the App, including chatbot interactions (“User Content”). By submitting User Content, you grant Fasikl a worldwide, non-exclusive, royalty-free, transferable license to use, store, modify, and process it solely for providing and improving the Services (e.g., customer support, therapy optimization). You warrant that you own or have the right to grant this license and that your User Content does not violate third-party rights or laws. We do not publicly post User Content; access is restricted to authorized personnel. You may request deletion by contacting admin@Fasikl.com, subject to legal/technical limits (e.g., backups removed within 30 days). We may remove User Content that breaches these Terms or poses risks.
6. No Medical Advice Disclaimer
The Services, including the App and Device, are assistive tools designed to support neurostimulation therapy, as described at Fasikl.com. They are not intended to diagnose, cure, or prevent any medical condition, nor do they replace professional medical advice. The App’s AI optimizes therapy but is not used for diagnosis. Consult a qualified healthcare provider before using the Services, especially if you have medical conditions (e.g., neurological disorders). We are not liable for health outcomes from reliance on the Services without professional guidance. Use the Services at your own risk.
7. Intellectual Property
All content, software, firmware, trademarks, and designs related to the Services and Device (including “Felix” and “NeuroAI”) are owned by Fasikl or its licensors and protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute our intellectual property without prior written permission, except as permitted by the limited license in Section 3. User Content remains your property, subject to the license in Section 6.
8. Privacy
Your use of the Services is governed by our Privacy Notice, available at Fasikl.com/privacy-notice, which explains how we collect, use, and protect non-health personal information (e.g., contact details, app usage data). For health-related information (e.g., Device usage, movement data), considered Protected Health Information (PHI) under HIPAA, please see our Notice of Privacy Practices, provided during App setup or Device onboarding.
9. Third-Party Links & SDKs
The Services may include links to third-party websites (e.g., YouTube videos) or integrate third-party software development kits (SDKs), such as Google Firebase for authentication or Zendesk for support. These third parties operate under their own terms and privacy policies, which you acknowledge by using the Services. We are not responsible for third-party content, services, or data practices, though we ensure our partners (e.g., Google, Zendesk) meet industry security standards (e.g., SOC 2, ISO 27001).
10. DMCA/Copyright Policy
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe content on the Services infringes your copyright, submit a notice to admin@Fasikl.com with: (1) your signature, (2) identification of the copyrighted work, (3) location of infringing material, (4) your contact info, (5) a statement of good-faith belief, and (6) a statement under penalty of perjury. We may remove infringing content and terminate repeat infringers’ accounts. Counter-notices may be submitted to the same email.
11. Updates & Modifications
We may change or discontinue, temporarily or permanently, any feature, component, or content of the Service at any time without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by our products without prior notice to you. We may modify these Terms to reflect changes in the Services or legal requirements. We may update the App automatically to deliver new features, fix bugs, or enhance security, per Apple/Google store policies. You agree to install updates to maintain functionality. Material changes will be notified via email, App alert, or Site banner at least 30 days in advance. Continued use after changes constitutes acceptance. Check Fasikl.com/terms for the latest Terms.
12. Alerts and Notifications
The App may send push notifications, SMS, or email alerts for account activity, Device updates, or support (e.g., therapy reminders, error reports). You can manage notification preferences in App settings, though some critical alerts (e.g., security notices) cannot be disabled. By using the App, you consent to receive these communications, which may incur carrier data charges. Use the App settings to adjust notification preferences.
13. Termination & Suspension
We reserve the right to suspend, deactivate, or terminate your account or your access to the Services, in whole or part, at any time and without notice, and at our sole discretion, if we determine your use of the Service is objectionable or in violation of these Terms, pose a safety or security risk, or violate applicable laws. You may terminate your account by contacting admin@Fasikl.com. Upon termination, your license to use the Services ends, and you must delete the App. Sections 6, 7, 8, 13, 14, and 15 survive termination.
14. Disclaimers & Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FASIKL DOES NOT GUARANTEE THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FASIKL, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID US FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
SOME JURISDICTIONS DO NOT ALLOW ALL OF THESE LIMITATIONS, SO THEY APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
15. Indemnification
You agree to indemnify and hold harmless Fasikl, its affiliates, officers, and employees, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes or investigations brought by an third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you. In this event, you will cooperate with us in asserting any available defenses.
16. Governing Law & Dispute Resolution
These Terms are governed by Delaware law, without regard to conflict of law principles. Disputes arising from these Terms may, at our discretion, be resolved through binding arbitration in Minneapolis, Minnesota, under the American Arbitration Association’s Consumer Arbitration Rules, with a class-action waiver unless we agree otherwise in writing. You waive the right to participate in class actions or class-wide arbitration. Alternatively, either party may pursue claims in Minnesota courts, including injunctive relief for intellectual property or confidentiality breaches.
17. General Terms
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive it. These Terms constitute the entire agreement between you and Fasikl, superseding prior agreements. You may not assign these Terms without our consent; we may assign them freely. Notices will be sent via email or App alert, effective upon sending.
18. Contact
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS AT:
Fasikl, Inc.
8500 Normandale Lake Blvd
Suite 400A
Bloomington, MN 55437
Email: admin@Fasikl.com
For privacy concerns, see our Privacy Notice or Notice of Privacy Practices.
