Terms of Service
1.Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and FigID Health, Inc., a Delaware corporation ("FigID," "we," "us," or "our"), governing your access to and use of the FigID website at fig.id, our mobile applications, and any related products and services (collectively, the "Services"). By accessing or using the Services, creating an account, or submitting information through any FigID form, you agree to be bound by these Terms and our Privacy & HIPAA Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Services.
These Terms apply to all visitors, users, and others who access the Services. We may modify these Terms as described in Section 13.
2.Medical Disclaimer
FigID is not a medical service.
FigID does not provide medical advice, diagnosis, or treatment. We do not practice medicine. We are not a healthcare provider, clinical laboratory, or medical device. The FigID Health Pass is a consumer-facing representation of test results generated by licensed providers outside the FigID platform. Any medical decision should be made with a qualified healthcare professional.
The Services are intended to help you view, verify, and choose to share your own clinical test results. They are not intended to replace a clinical consultation, professional medical judgment, or an in-person examination. You should never disregard professional medical advice, or delay seeking it, because of something you read or view through the Services. In an emergency, call 911 or your local emergency services.
3.License Grant
Subject to your ongoing compliance with these Terms, FigID grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. This license does not transfer any right of ownership. All rights not expressly granted to you in these Terms are reserved by FigID.
You must be at least eighteen (18) years of age to use the Services. By accessing or using the Services, you represent that you meet this age requirement and have the legal capacity to enter into these Terms. FigID is intended for personal, non-commercial use by individual consumers; business entities, organizations, and institutions may not use the consumer-facing Services without a separate agreement with us.
4.Restrictions on License Grant
You may not, and may not permit any third party to:
- Copy, modify, reproduce, distribute, publicly display, publicly perform, republish, upload, post, transmit, or create derivative works from any portion of the Services, except as expressly permitted by these Terms;
- Use the Services for any commercial purpose, or to develop or operate any competing product or service;
- Use any data-mining tool, robot, spider, crawler, scraper, or other automated means to access, collect, or process data from the Services, except through an interface we have explicitly authorized;
- Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any portion of the Services, except to the extent expressly permitted by applicable law;
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice displayed on or through the Services;
- Use the Services or any data obtained through them for employment screening, insurance underwriting, housing or education eligibility, credit decisions, or any similar adverse determination against another person;
- Require or coerce another person to share their Health Pass or test results, outside of mutual, consensual sharing between partners;
- Attempt to pass off another person's Health Pass as your own, or otherwise misrepresent the identity of a Health Pass holder;
- Use the Services to violate any applicable law, regulation, or contractual obligation to a third party;
- Interfere with or disrupt the Services, including by introducing malware or initiating any denial-of-service attack.
We reserve the right to suspend or terminate access for any user we reasonably believe has violated this Section and to cooperate with law enforcement where appropriate.
5.Privacy
Our Privacy & HIPAA Policy describes how we collect, use, disclose, and protect personal information in connection with the Services. By using the Services you consent to our collection and use of personal information as described in the Privacy & HIPAA Policy. For users of the FigID Health Pass, that policy also describes how Protected Health Information will be handled under HIPAA.
6.Intellectual Property Ownership
The Services, including all software, source code, designs, text, graphics, images, audio, video, illustrations, logos, trademarks, trade dress, and other content (collectively, the "FigID Content"), and the compilation and arrangement thereof, are owned by FigID Health, Inc. or its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws.
You retain ownership of any content or data you submit through the Services (your "User Content"). By submitting User Content, you grant FigID a worldwide, royalty-free, non-exclusive, sublicensable license to use, store, reproduce, and process that User Content solely as necessary to provide and improve the Services, consistent with our Privacy & HIPAA Policy. You represent and warrant that you have all rights necessary to grant this license.
7.Trademarks
"FigID" and the FigID logo, wordmark, and other FigID brand identifiers are trademarks of FigID Health, Inc. You may not use FigID trademarks without our prior written consent, except to identify FigID in a non-misleading, non-deceptive, and non-disparaging manner. All other trademarks, service marks, and trade names referenced through the Services are the property of their respective owners.
8.Term; Termination; Suspension of Access
These Terms remain in effect from the date you first access or use the Services until terminated by you or by FigID. You may terminate your use of the Services at any time by discontinuing use and, where applicable, by requesting deletion of your account through the process described in our Privacy & HIPAA Policy.
FigID may suspend or terminate your access to all or any portion of the Services at any time, with or without notice and with or without cause, including if we reasonably believe you have violated these Terms or applicable law, or if we discontinue the Services. Upon termination, all rights granted to you under these Terms immediately cease. Sections that by their nature are intended to survive termination — including intellectual property ownership, disclaimers, limitations of liability, indemnification, and the governing-law and dispute-resolution provisions — will survive.
9.Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FIGID AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
FIGID DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIGID DOES NOT WARRANT THAT TEST RESULTS REPRESENTED IN THE HEALTH PASS ARE APPROPRIATE FOR ANY PARTICULAR CLINICAL, LEGAL, OR INSTITUTIONAL USE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
10.Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIGID HEALTH, INC., ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "FIGID PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FIGID PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF THE FIGID PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO FIGID IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
No action arising out of or related to these Terms or the Services may be brought by you more than one (1) year after the cause of action has accrued.
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such exclusion or limitation is unenforceable against you, the excluded damages and aggregate liability will be limited to the maximum extent permitted by law.
11.Indemnification
You agree to defend, indemnify, and hold harmless the FigID Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to (a) your violation of these Terms or any representation or warranty contained in them, (b) your use or misuse of the Services, (c) any content you submit through the Services, (d) your violation of applicable law, or (e) your violation of the rights of any third party. FigID reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
12.Account Access
Once account-based features of the Services become available, you are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account or any other breach of security. FigID is not liable for any loss or damage arising from your failure to safeguard your credentials.
13.Modifications to These Terms
We may modify these Terms from time to time. When we do, we will update the "Last updated" date above. Material changes will, where practicable, be communicated through the Services or by email to any contact information you have provided. Your continued access to or use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.
14.Notice for U.S. State Residents
Residents of California, Colorado, Connecticut, Virginia, and other U.S. states with consumer privacy laws may have additional rights regarding their personal information. Those rights, and the procedures for exercising them, are described in our Privacy & HIPAA Policy.
15.Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services — whether based in contract, tort, statute, or otherwise — will be subject to the exclusive jurisdiction of the state or federal courts located in the State of Delaware, and you and FigID each consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum. Nothing in this Section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.
16.General
Entire agreement. These Terms, together with our Privacy & HIPAA Policy and any supplemental terms referenced here, constitute the entire agreement between you and FigID regarding the Services and supersede any prior or contemporaneous understandings.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. No waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party. The failure of either party to enforce any provision will not constitute a waiver of that provision or any other.
Assignment. You may not assign, delegate, or otherwise transfer your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this Section is void. FigID may assign these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, or similar transaction, or to any affiliate.
Force majeure. Neither party is responsible for any failure or delay in performance caused by events beyond its reasonable control.
Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and FigID.
Contact. Questions about these Terms should be directed to hello@fig.id. Legal notices must be sent in writing to:
FigID Health, Inc.
c/o Registered Agents Inc. (Attn: David Roberts)
7901 4th St N, STE 300
St. Petersburg, FL 33702
USA