END USER LICENSE AGREEMENT
FLYTE® MOBILE APPLICATION
END USER LICENSE AGREEMENT
Last Updated: June 8, 2026
This End User License Agreement ("Agreement") is a legal agreement between you (“End User” or “you”) and Pelvital USA, Inc., a Delaware corporation (“Pelvital”). This Agreement governs your use of the FLYTE® Mobile Application (including all data, content accessed by you and related documentation, “Application”).
By downloading, installing, or using the Application you (i) acknowledge that you have read and understand this Agreement; (b) represent that you are of legal age to enter into a binding Agreement; and (iii) accept and agree that you are legally bound by the terms of this Agreement, the Privacy Policy and the Consumer Health Data Privacy Policy. If you do not agree to these terms, do not use, access, download, or install the Application and/or delete it from your mobile device.
THIS AGREEMENT CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, OR REPRESENTATIVE ACTION. PLEASE READ SECTION 14 TITLED “DISPUTE RESOLUTION” BELOW TO LEARN MORE
To use our Application, you must be at least twenty one (21) years or older. If you are under the age of twenty one (21), you are prohibited from using, accessing, downloading or installing the Application. Pelvital may revise and update this Agreement in its sole discretion and will post any updates to the Agreement on the relevant Application stores. Your continued use of the Application, or any service or content provided through the Application, means that you accept and agree to the modified End User License Agreement.
1. License
Subject to the terms and conditions of this Agreement, Pelvital grants you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable license to access and use the Application, as modified, updated and/or supplemented. The Application is licensed only to individuals, not to entities or organizations. The Application is licensed for your personal, noncommercial use on one or more mobile devices owned or otherwise controlled by you. You may uninstall the Application at any time, and upon termination of this Agreement, for any reason, your access to the Application will be terminated.
2. Restrictions.
You may not:
- copy the Application, except as expressly permitted by this Agreement;
- use the Application for any revenue generating activity, commercial enterprise or other purpose for which it is not designed, intended or expressly authorized under this Agreement;
- modify, translate, adapt, or otherwise create derivative works or improvements of the Application or any portion thereof;
- disassemble, reverse engineer, decompile, decode or otherwise attempt to derive or gain access to the source code or structure, sequence and organization of the Application, or any portion thereof;
- remove, delete, alter or obscure any trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the Application;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise makes available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
- use the Application in violation or any applicable laws, rules or regulations, or in a manner or for a purpose not expressly authorized in this Agreement.
3. Ownership
This Application is provided to you under license, and not sold to you. Nothing in this Agreement gives you any ownership rights in the Application, or any services or content accessed through the Application, or any right to use the Application other than as expressly permitted under this Agreement, subject to the terms, conditions and restrictions of this Agreement. Pelvital and its licensors and service providers reserve and shall retain all of their rights, title, and interest in and to the Application, and all services and content accessed through the Application, including all intellectual property rights therein or relating thereto.
4. Content and Services; Third-Party Materials and Links
The Application may may display, include, or make available content located at https://flytetherapy.com/ (“Site”). Your access to and use of such content is governed by the Website’s Terms and Conditions, which is incorporated herein by reference. Use of the Application to connect with a Pelvital Flyte System device, or to access the content, platform, tools, applications, data, software and services comprising Pelvital’s Flyte System digital components and related services (“Services”), requires that you register with Pelvital for a Flyte user account. Separate Flyte User Terms of Service govern your access to Services through this Application.
The Application may display, include, or make available third-party content or provide links to third-party websites or services. Pelvital has no control over any third party websites or content referenced, accessed by or available through the Application. You acknowledge and agree that Pelvital is not responsible for third-party websites or content, including their availability, accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. Pelvital has no liability to you or any other person or entity for such websites or content. Third-party websites and content, and links thereto, are provided solely as a convenience to you, and your access and use is entirely at your own risk and subject to such third parties’ terms and conditions. Pelvital is not responsible for information provided by you to third parties.
5. Modifications; Updates
Pelvital may from time to time, in its sole discretion and without notice, develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Pelvital has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
6. Communications
Using the Application or sending emails to Pelvital constitutes electronic communications. You agree that Pelvital may send you messages, alerts, and other communications, including email, text message, and other similar means to correspond with you regarding the Application and/or related services, and agree that such communications satisfy any legal requirements for written notice. You agree to accept such correspondence and pay any applicable network access, data usage, or similar fees necessary to receive such messages. You may revoke your consent to any SMS text messages sent by Pelvital by replying “STOP” or opt out of marketing emails by following the “unsubscribe” link on the email. You may revoke your consent to other Pelvital communications by calling us at 1-866-735-8482. You may not be able to opt out of certain system-generated and legal notices without uninstalling the Application.
7. Disclaimer of Warranty; Limitation of Liability
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PELVITAL, 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 APPLICATION, 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 LIMITING THE FOREGOING, PELVITAL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT (I) THE APPLICATION WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; (II) THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; OR (III) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.
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.
8. Limitation of Liability
THE APPLICATION IS PROVIDED TO YOU FREE OF CHARGE AND ITS USE IS OPTIONAL AND VOLUNTARY ON YOUR PART. ACCORDINGLY, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PELVITAL, ITS AFFILIATES, CONTRACTORS, CLIENTS, SUPPLIERS, DISTRIBUTORS AND THEIR RESPECTIVE, OWNERS, DIRECTORS, OFFICERS EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OR INABILITY TO USE THE APPLICATION OR ANY RELATED SERVICES OR CONTENT. IN NO EVENT SHALL PELVITAL BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, CONTINGENT OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS EXCEED THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100 USD. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO UNINSTALL AND DISCONTINUE USE OF THE APPLICATION.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE APPLICATION WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF PELVITAL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE SOFTWARE FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations of liability may not apply to you.
9. Medical Disclaimer
PELVITAL IS NOT A HEALTH CARE PROVIDER AND IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. NO INFORMATION PROVIDED TO YOU BY PELVITAL, REGARDLESS OF THE METHOD OF DELIVERY, SHOULD BE CONSTRUED AS MEDICAL ADVICE AND/OR TREATMENT. ALL INFORMATION FROM PELVITAL, INCLUDING TEXT, GRAPHICS, AND IMAGES IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL MEDICAL ADVICE. NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND PELVITAL OR ANY OTHER PERSON BY REASON OF YOUR USE OF THE APPLICATION OR ANY PELVITAL CONTENT OR SERVICES UNDER ANY CIRCUMSTANCES. ANY INQUIRIES OR CONCERNS ABOUT HEALTH-RELATED MATTERS SHOULD BE ADDRESSED TO A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL. PELVITAL IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN FROM ANOTHER PERSON OR ENTITY IN CONNECTION WITH YOUR USE OF THE APPLICATION.
10. Indemnification
You agree to indemnify, defend and hold harmless Pelvital, its affiliates, contractors, clients, distributors and suppliers, their successors and assigns, and their respective affiliates, employees, officers, directors, agents, and representatives (collectively, “Pelvital Indemnitees”) from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses of whatever kind (including reasonable attorneys' fees) arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to, any content, material or information you submit or make available through this Application.
11. Geographic Restrictions
The Application is controlled, operated and administered by Pelvital in the United States and is provided for 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 provided through the Application outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you are responsible for compliance with local laws.
12. Termination
This Agreement shall continue so long as you continue to access or use the Application, or until terminated by you or Pelvital. You may terminate this Agreement at any time by deinstalling the Application and Pelvital may terminate this Agreement for any reason at any time. Upon termination, all rights granted to you under this Agreement will cease, and you must promptly delete the Application from your mobile or computing devices. All provisions of this Agreement which by their nature extend beyond termination will survive termination.
Pelvital reserves the right at any time, with or without notice, to modify or discontinue the availability of the Application, temporarily or permanently.
13. Governing Law
This Agreement and your use of the Application are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
14. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to Pelvital USA, Inc., 860 Blue Gentian Road, Suite 200 Eagan, MN 55121. If Pelvital intends to seek arbitration, Pelvital will send a Notice to the current address in your Account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either Party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA website at www.adr.org. In addition to filing this form with the AAA, the Party initiating the arbitration must mail a copy of the completed form to the opposing Party. You may send such copy to Pelvital USA, Inc., 860 Blue Gentian Road, Suite 200 Eagan, MN 55121, and Pelvital will send such copy to the current address in your Account or to your attorney, if you have provided that information to us.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either Party related in any way to the Application be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Each Party shall bear its own attorneys’ fees and costs incurred in connection with any Dispute.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
15. General
This Agreement, together with any user terms and conditions, privacy policies and any other document referred to in this Agreement, constitute the entire agreement and understanding of the parties concerning the subject matter of this Agreement. If any provision of this Agreement is held to be illegal or unenforceable, it shall be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it shall be stricken and the remaining provisions of this Agreement shall continue in full force and effect. The failure of Pelvital to enforce any breach or nonperformance under this Agreement shall not operate as a waiver of any rights to enforce the Agreement or invoke any other remedy for subsequent breach or nonperformance.
Contact Information
Pelvital USA, Inc. is headquartered in Eagan Minnesota, in the United States of America.
Pelvital USA, Inc.
860 Blue Gentian Rd. Suite 200
Eagan, MN 55121
Email Pelvital at: support@flytetherapy.com