Effective Date:
Please read these Terms carefully. Section 15 requires that disputes be resolved by binding individual arbitration and waives class actions and jury trials, subject to the opt-out right in Section 15.7. The Program is for general wellness only and does not provide medical advice, diagnosis or treatment. In an emergency, call your local emergency number.
1.1 These Program Terms of Use (these “Terms”) are an agreement between you and GFY21 LLC (“GFY21,” “we” or “us”) governing your enrollment in and use of the GFY21 Program and the GFY21 application, websites and related services (together, the “Services”).
1.2 By activating a GFY21 Program Card or using the Services, you accept these Terms and acknowledge the GFY21 Privacy Notice and the GFY21 Consumer Health Data Privacy Policy, which form part of these Terms.
2.1 You must be at least 18 years of age, or the age of majority in your jurisdiction if higher, and legally capable of entering into these Terms.
2.2 The Services are available only in jurisdictions where GFY21 offers them.
2.3 You must enroll only yourself and provide accurate information.
3.1 Your Program is a GFY21 Wellness Program that provides up to 100 wellness check-ins during a term of 12 months beginning on the date of your enrollment (the “Program Term”).
3.2 The Program is personal to you and may not be transferred, shared or resold.
3.3 Wellness check-ins are available only during the Program Term. The Program ends at the expiration of the Program Term.
3.4 Activation of a Program Card redeems that Card in full. Your entitlement thereafter exists only under these Terms.
3.5 GFY21 may modify the Services, their features, technology and content at any time, provided the Program remains materially equivalent in overall function during your Program Term.
3.6 Each completed wellness check-in counts as one of the wellness check-ins available under your Program, as recorded by GFY21.
4.1 The Services are intended for general wellness purposes only. The Services are not intended to diagnose, treat, cure, mitigate or prevent any disease or medical condition, and do not provide medical advice.
4.2 Use of the Services does not create a physician-patient, nurse-patient or other health care provider relationship between you and GFY21.
4.3 Wellness check-in outputs, scores and recommendations are informational, are estimates, and may be inaccurate or incomplete. Results depend on factors including your device, lighting, movement and the information you provide.
4.4 You should consult a qualified health care professional before making any decision about your health, and you should not disregard professional medical advice or delay seeking it because of anything provided through the Services.
4.5 GFY21 does not monitor your results and does not contact emergency services. If you believe you may have a medical emergency, call your local emergency number immediately.
5.1 Any laboratory test, clinician visit or other third-party product or service you choose to obtain is provided by that third party under its own terms. You are solely responsible for selecting such providers, including any provider you find through a linked service, and for all related charges.
5.2 GFY21 is not responsible for any third-party product, service, website or result.
5.3 The Services include links to services operated by third parties that maintain their own listings, such as finders for health centers, screening locations, health plan providers and community resources. GFY21 maintains no directory of providers. Each link opens outside the Services, is the same for every participant, and is provided for convenience only. A link is not a referral to, or a recommendation or endorsement of, any provider, test or service. GFY21 receives no compensation from any linked service.
5.4 If you enter a ZIP code or allow the Services to use your device’s location, it is used on your device to pre-fill a search on a linked service that you choose to open, and it is sent only to that service. GFY21 does not receive it. Your use of a linked service is governed by that service’s own terms and privacy policy.
6.1 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
6.2 You are responsible for your device, operating environment, internet access and any associated charges.
6.3 You must notify GFY21 promptly of any unauthorized use of your account.
6.4 Wellness check-in data is stored only on your device. GFY21 cannot access, back up or recover it. Deleting the application, clearing its storage, or losing or replacing your device may permanently delete your wellness check-in data, and you are responsible for retaining or sharing any results you wish to keep.
You shall not: (a) use the Services for any person other than yourself; (b) use the Services for any unlawful purpose; (c) copy, modify, distribute, reverse engineer, decompile or create derivative works of the Services; (d) interfere with or circumvent the security or operation of the Services; (e) access the Services by automated means; or (f) misrepresent your identity or information.
8.1 GFY21 and its licensors own all right, title and interest in and to the Services.
8.2 Subject to these Terms, GFY21 grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services during your Program Term for your personal, non-commercial use.
8.3 Any feedback you provide may be used by GFY21 without restriction or compensation.
9.1 Refunds for Program Cards purchased directly from GFY21 are governed exclusively by the GFY21 Program Card Purchase Terms. Refunds for Program Cards provided by an organization are governed by that organization’s arrangements with GFY21.
9.2 Except as provided in Section 9.1 or as required by applicable law, no refund is provided for unused wellness check-ins or for any unexpired portion of a Program Term.
10.1 GFY21 may suspend or terminate your access to the Services if you breach these Terms, if required by law, or to protect the Services, GFY21 or others.
10.2 Sections 4, 5, 7, 8 and 10 through 17 survive any termination or expiration.
To the maximum extent permitted by law, the Services are provided “as is” and “as available,” and GFY21 disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and that the Services will be uninterrupted, error-free or secure.
12.1 To the maximum extent permitted by law, GFY21 and its members, managers, officers, employees, licensors and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any personal injury, health outcome, loss of data, or decision made or action taken in reliance on the Services.
12.2 To the maximum extent permitted by law, the total liability of GFY21 arising out of or relating to these Terms or the Services shall not exceed the greater of the amount you paid GFY21 for the Program or one hundred U.S. dollars (US$100).
12.3 Sections 12.1 and 12.2 do not limit GFY21’s liability for fraud, gross negligence or wilful misconduct.
You shall indemnify and hold harmless GFY21 from claims, losses and expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms or your unlawful use of the Services, except to the extent caused by the negligence or misconduct of GFY21.
GFY21 may amend these Terms by posting the amended Terms and, for material changes, by notice to you. Amendments apply prospectively. Your continued use of the Services after the effective date of an amendment constitutes acceptance. Amendments to Section 15 do not apply to any dispute of which GFY21 had notice before the amendment.
15.1 Informal resolution. Before commencing arbitration, a party must send the other a written notice describing the dispute and the relief sought, and the parties shall attempt in good faith to resolve the dispute for 60 days. Notices to GFY21 shall be sent to the address in Section 17.
15.2 Arbitration. Except as provided in Sections 15.4 and 15.7, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator, and not any court, shall decide all issues of arbitrability, except as provided in Section 15.3.
15.3 Class waiver. You and GFY21 each waive the right to bring or participate in any class, collective, consolidated or representative proceeding. The arbitrator may award relief only on an individual basis. A court shall decide any dispute regarding the enforceability of this Section 15.3, and if this Section 15.3 is held unenforceable as to any claim, that claim shall proceed in court and not in arbitration.
15.4 Small claims. Either party may bring an individual claim in small claims court if it qualifies.
15.5 Jury waiver. You and GFY21 each waive any right to a jury trial.
15.6 Location and fees. Arbitration may be conducted by video conference or in the county where you reside. Fees are allocated under the applicable AAA rules.
15.7 Opt-out. You may opt out of this Section 15 by sending written notice to GFY21 at the address in Section 17 within 30 days after you first accept these Terms, stating your name and your intent to opt out.
15.8 Courts. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Orange County, Florida, and you and GFY21 consent to their jurisdiction, except where applicable law entitles you to bring proceedings in your place of residence.
15.9 Mass filings. If 25 or more demands for arbitration asserting substantially similar claims are filed against GFY21 by or with the assistance of the same or coordinated counsel or organizations (a “Mass Filing”), the American Arbitration Association’s Mass Arbitration Supplementary Rules apply, and: (a) the parties shall select ten demands, five chosen by each side, to proceed as bellwether arbitrations, with all other demands held in abeyance until they proceed; (b) after the bellwether arbitrations conclude, the parties shall mediate the remaining demands in good faith for 60 days; and (c) any demands that remain unresolved shall then proceed in batches of up to 50, with each batch heard by a single arbitrator. Applicable limitations periods are tolled for each demand from the date it is filed until it proceeds. A court may resolve any dispute regarding the application of this Section 15.9.
16.1 These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict of laws principles.
16.2 Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee or warranty, that applicable law in your jurisdiction provides and does not permit to be excluded, restricted or modified.
16.3 New Jersey residents. If you reside in New Jersey, Sections 11, 12.1 and 12.2 do not apply to any claim arising from GFY21’s negligence resulting in personal injury, or to any claim under the New Jersey Consumer Fraud Act or the New Jersey Punitive Damages Act, and Section 13 does not apply to any loss caused by GFY21’s negligence.
16.4 Australian consumers. If you are a consumer under the Australian Consumer Law: (a) the Services come with guarantees that cannot be excluded under that law, Sections 11 and 12 do not apply to them, and nothing in these Terms limits any right or remedy you have under that law; (b) GFY21 will exercise its rights under Sections 3.5, 10.1 and 14 only to the extent reasonably necessary to protect its legitimate interests, and will give you reasonable notice of any change that is materially detrimental to you, in which case you may end your Program by notice to GFY21; and (c) your liability under Section 13 is reduced to the extent GFY21 contributed to the loss.
17.1 These Terms, the Privacy Notice and the Consumer Health Data Privacy Policy constitute the entire agreement between you and GFY21 regarding the Services.
17.2 You may not assign these Terms. GFY21 may assign these Terms without restriction.
17.3 If any provision is held unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall continue in effect.
17.4 GFY21’s failure to enforce any provision is not a waiver.
17.5 GFY21 may provide notices to you electronically through the Services or by email.
17.6 Contact: GFY21 LLC, ; email: .
Effective Date:
This Privacy Notice describes how GFY21 LLC (“GFY21”) collects, uses and discloses personal information in connection with its websites, the purchase of GFY21 Program Cards, and the Services described in the GFY21 Program Terms of Use.
2.1 Purchases: purchaser email address, transaction details and, for gifts, the recipient’s email address. Payment card data is collected and processed by our payment processor.
2.2 Programs: participant email address, Card activation status and date, Program Term start and end dates, the number of wellness check-ins completed, the jurisdiction you select at activation, and the build and version of the Services delivered to you.
2.3 Websites: GFY21 does not collect or retain personal information from visits to its websites. Our websites use only cookies strictly necessary for their operation, and use no analytics, advertising or third-party tracking technologies. Our hosting and security providers may process technical information, such as IP addresses, transiently to deliver and protect the websites.
Your profile entries, check-in answers, camera images, wellness measurements, wellness check-in results, recommendations and all other wellness check-in data, and any ZIP code or device location you provide, are processed and stored only on your device. GFY21 does not receive, access or store this information. If you enter a ZIP code or allow the Services to use your device’s location, it is used on your device to pre-fill a search on a linked third-party service that you choose to open, and it is sent only to that service, which handles it under its own privacy policy. GFY21 does not receive it. Deleting the application or clearing its storage deletes it, and GFY21 cannot recover it.
We use the information in Sections 2.1 and 2.2 to process purchases, deliver Program Cards, activate and administer Programs, communicate with you about the Services, prevent fraud, and comply with law.
5.1 We disclose the information in Sections 2.1 and 2.2 only to service providers that host our systems, process payments and deliver email on our behalf under contract; as required by law or to protect the rights, safety or property of any person; and in connection with a merger, acquisition, financing or sale of assets, subject to this Notice.
5.2 We do not sell personal information, use it for targeted advertising, or permit third parties to collect personal information about you over time and across websites through the Services.
Consumer health data is governed by the GFY21 Consumer Health Data Privacy Policy.
We retain the information in Section 2 for your Program Term and thereafter as required by law or necessary to resolve disputes and enforce our agreements.
We maintain reasonable administrative, technical and physical safeguards for the information in Section 2 and will notify you of any breach of security affecting it as required by applicable law.
Depending on where you live, you may have the right to access, correct, delete or obtain a copy of your personal information, to withdraw consent and to appeal our decision on a request. Contact us at the address below. You may also lodge a complaint with your local data protection authority.
The information in Section 2 may be processed in the United States and other countries where we or our service providers operate, in accordance with applicable law.
The Services are intended only for individuals 18 years of age or older.
We may update this Notice by posting the updated version and, for material changes, by notice to you. We will obtain your consent where required by law.
GFY21 LLC, ; privacy email: .
Effective Date:
This Policy applies to consumer health data, as defined in the Washington My Health My Data Act (RCW 19.373), Nevada law (NRS Chapter 603A) and similar laws, held by GFY21 LLC (“GFY21”) in connection with the GFY21 Program.
GFY21’s consumer health data consists of the following account and Program administration information associated with you: (a) your email address; (b) Card activation status and date; (c) Program Term start and end dates; (d) the number of wellness check-ins completed; (e) the jurisdiction you select at activation; and (f) the build and version of the Services delivered to you.
Your profile entries, check-in answers, camera images, wellness measurements, wellness check-in results, recommendations and all other wellness check-in data, and any ZIP code or device location you provide, are processed and stored only on your device. GFY21 does not receive, access or store them.
We collect the information in Section 2 from you and from your use of the Services. We use it solely to activate and administer your Program and provide the Services you request, and we process it electronically on our systems and those of our processors.
We share the information in Section 2 only with processors that host our systems and deliver email on our behalf under contract, and as required by law. We do not share it with affiliates or other third parties except with your separate consent. We do not sell consumer health data, permit third parties to collect it over time and across websites through the Services, or implement any geofence around any health care facility.
GFY21 does not hold your ZIP code or device location. If you enter a ZIP code or allow the Services to use your device’s location, it is used on your device to pre-fill a search on a linked third-party service that you choose to open, and it is sent only to that service, which handles it under its own privacy policy.
5.1 You may confirm whether we hold your consumer health data, access it and obtain a list of any third parties and affiliates with which it has been shared, review it and request correction, request deletion, and withdraw consent. When we delete your consumer health data, we notify our processors.
5.2 Submit requests to . We verify your identity and respond within 45 days, which we may extend once by 45 days with notice, or within any shorter period required by the law of your state, including deletion within 30 days after authenticating a request from a Nevada consumer.
5.3 You may appeal a decision by writing to the same address, and we respond to appeals within 45 days. If your appeal is denied, you may contact the attorney general of your state. We do not discriminate against you for exercising your rights.
We will obtain your consent before collecting, using or sharing consumer health data in a manner materially inconsistent with this Policy.
GFY21 LLC, ; email: .
Presented at activation. Each selection is separate and affirmative.
☐ I am at least 18 years of age, and I agree to the GFY21 Program Terms of Use, including the binding individual arbitration and class action waiver in Section 15, and acknowledge the GFY21 Privacy Notice and the GFY21 Consumer Health Data Privacy Policy.
☐ On-device processing. I understand that wellness check-ins use my device camera and that camera images and all wellness check-in data are processed and stored only on my device. I understand that my wellness measurements, check-in answers and wellness check-in outputs are processed locally on my device and are not transmitted to or retained by GFY21. GFY21 receives and maintains only limited account, activation, access-term, usage-count, and transaction information as described in the Privacy Notice, including my email address, activation status and date, Program Term dates, wellness check-in count, the jurisdiction I select, the build and version delivered to me, and, where applicable, purchase or gift-related transaction information. I understand that any ZIP code or device location I provide stays on my device and is sent only to a linked third-party service that I choose to open. I consent to this on-device processing.
☐ Wellness acknowledgment. I understand the Services are for general wellness only, do not provide medical advice, diagnosis or treatment, and do not monitor my results or contact emergency services.