flutterfly

Terms of Service

Last updated: 2 November 2026

What are the most important points?

  • flutterfly is a wellness app. It is not a medical device.
  • Nothing we share constitutes medical advice.
  • Please consult a doctor or another qualified professional regarding your health, especially before changing your eating habits.
  • Swiss law applies. Your mandatory consumer rights remain protected.
  • We exclude our liability (Sections 9 and 10).
  • If you reside in the United States, you agree to resolve disputes on an individual basis and not as part of a class action (Section 13).

1. What do these Terms cover?

These Terms of Service (these “Terms”) govern your access to and use of the services provided by the persons named in our Impressum, who operate under the name flutterfly (“flutterfly”, “we”, “us” or “our”). THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. NOTE THAT SECTIONS 9 AND 10 EXCLUDE OUR WARRANTIES AND OUR LIABILITY, AND THAT SECTION 13 REQUIRES RESIDENTS OF THE UNITED STATES TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY.

These Terms apply to everything flutterfly offers, including the website flutterfly.app and all its subpages (the “Website”), our free list of people who wish to be informed when the flutterfly app launches (the “Waitlist”), our emails and our social media channels (collectively, the “Services”), unless a service is subject to its own terms. The flutterfly app that we are developing (the “App”) will be governed by separate terms. Everything we publish through the Services, including texts, images, designs, the name and logo “flutterfly” and the App concept, is referred to as “Content”. In these Terms, “you” refers to any person who uses the Services, and “applicable law” refers to the law applicable to you and to us, including the mandatory consumer protection laws of your country of residence.

You accept these Terms by ticking the corresponding box in the sign-up form or by using the Services. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES. Our Privacy Policy describes how we process your personal data.

To operate the Services, we use companies such as hosting and email providers, and we are active on social media platforms (collectively, “Third-Party Providers”). Some of the Services are provided on platforms of Third-Party Providers, such as Instagram. When you use such platforms, the terms and privacy policies of the respective Third-Party Provider also apply. We are not responsible for the content or services of Third-Party Providers.

2. What does joining the Waitlist mean for you?

Joining the Waitlist is free of charge. It does not entitle you to access the App, to purchase anything or to any other benefit. WE DO NOT GUARANTEE THAT OR WHEN THE APP WILL LAUNCH, OR THAT IT WILL INCLUDE ANY PARTICULAR FEATURE. We reserve the right to modify, suspend or discontinue the Waitlist at any time. You may leave the Waitlist at any time by using the unsubscribe link in our emails, which we send through a Third-Party Provider, or by writing to us.

3. Who can join the Waitlist?

YOU MUST BE AT LEAST 18 YEARS OF AGE TO JOIN THE WAITLIST. You agree to provide accurate information and to sign up only with your own email address.

4. Is flutterfly a medical device?

flutterfly is a wellness and well-being app designed to help you apply intuitive eating and to reflect on your emotions and hunger cues. FLUTTERFLY IS NOT A MEDICAL DEVICE. IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE OR HEALTH CONDITION. IT HAS NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA), SWISSMEDIC OR ANY OTHER AUTHORITY FOR ANY MEDICAL PURPOSE.

5. Is what we share medical advice?

ALL INFORMATION WE SHARE THROUGH THE SERVICES, INCLUDING ON THE WEBSITE, IN OUR EMAILS AND ON OUR SOCIAL MEDIA CHANNELS, IS GENERAL INFORMATION PROVIDED FOR WELLNESS AND EDUCATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE MEDICAL, NUTRITIONAL, PSYCHOLOGICAL OR OTHER PROFESSIONAL ADVICE AND DOES NOT TAKE YOUR PERSONAL SITUATION INTO ACCOUNT. YOUR USE OF FLUTTERFLY DOES NOT CREATE A DOCTOR-PATIENT, DIETITIAN-CLIENT OR THERAPIST-CLIENT RELATIONSHIP BETWEEN YOU AND US.

6. When should you talk to a healthcare professional?

ALWAYS SEEK THE ADVICE OF A DOCTOR, A REGISTERED DIETITIAN OR A MENTAL HEALTH PROFESSIONAL REGARDING YOUR HEALTH AND BEFORE CHANGING YOUR EATING HABITS. This is particularly important if you:

  • have a medical condition or take medication;
  • are pregnant or breastfeeding; or
  • have a history of disordered eating.

Never disregard professional advice or delay seeking it because of something you have read from flutterfly.

IN AN EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. If you are struggling with your eating, your body image or your mental health, you do not have to face it alone.

7. How should you use our Services?

You agree to use the Services fairly and in accordance with these Terms. In particular, you shall not: (a) sign up other persons without their permission; (b) send spam or automated sign-ups; (c) attempt to circumvent the security of the Services; or (d) copy the Website or the Content for commercial purposes.

8. Who owns the rights in our Services and Content?

ALL RIGHTS IN THE SERVICES AND THE CONTENT, INCLUDING THE NAME AND LOGO “FLUTTERFLY”, OUR DESIGNS, TEXTS AND IMAGES AND THE APP CONCEPT, BELONG TO US OR OUR LICENSORS. Subject to these Terms, you may view the Content solely for your own personal, non-commercial use. We may revoke this permission if you breach these Terms. These Terms do not otherwise transfer or license any intellectual property rights to you.

If you send us ideas, suggestions or other feedback (collectively, “Feedback”), you grant us the non-exclusive right to use it free of charge, worldwide and without time limitation, without attributing it to you. You are under no obligation to provide Feedback, and you retain any rights you hold in it.

9. Do we give any warranties?

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERRORS, THAT THE CONTENT IS COMPLETE OR UP TO DATE, OR THAT THE APP WILL LAUNCH.

10. Are we liable if something goes wrong?

WE EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR YOUR RELIANCE ON, THE SERVICES OR THE CONTENT, REGARDLESS OF THE LEGAL BASIS OF THE CLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS INCLUDES, WITHOUT LIMITATION, INDIRECT AND CONSEQUENTIAL LOSS, LOSS OF PROFITS, LOSS OF DATA AND LOSS CAUSED BY THIRD-PARTY PROVIDERS.

Nothing in these Terms excludes or limits our liability for fraud, willful misconduct or gross negligence, for death or personal injury, or for any other liability that cannot be excluded or limited under applicable law.

11. When do you have to compensate us?

IF YOU BREACH THESE TERMS OR THE LAW, OR INFRINGE THE RIGHTS OF OTHERS, AND A THIRD PARTY BRINGS A CLAIM AGAINST US AS A RESULT, YOU SHALL COMPENSATE US FOR THE RESULTING REASONABLE COSTS AND LOSSES, INCLUDING REASONABLE LEGAL FEES. THIS OBLIGATION APPLIES ONLY IF AND TO THE EXTENT THAT YOU ARE RESPONSIBLE FOR THE BREACH, AND ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12. Which law applies, and which courts decide disputes?

THESE TERMS ARE GOVERNED BY SWISS LAW. THE COURTS OF ST. GALLEN, SWITZERLAND, HAVE JURISDICTION OVER ANY DISPUTES. This does not deprive you of any protection afforded to you as a consumer by the laws and courts of your country of residence.

13. Can you bring a class action if you live in the US?

IF YOU RESIDE IN THE UNITED STATES, YOU AND WE AGREE THAT ANY DISPUTE BETWEEN US SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE MAY BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION AGAINST THE OTHER, OR ACT AS A CLASS REPRESENTATIVE OR CLASS MEMBER.

If a court determines that this Section, or any part of it, is unenforceable against you, only this Section or the affected part shall not apply. The remainder of these Terms shall remain in full force and effect.

14. Can these Terms change?

We may amend these Terms, for example if the Services or the law change. The “Last updated” date at the top of these Terms indicates the latest version. IF A CHANGE MATERIALLY AFFECTS YOU, WE WILL NOTIFY YOU BY EMAIL BEFORE IT TAKES EFFECT. If you do not agree with the change, you may leave the Waitlist at any time by using the unsubscribe link in our emails, which we send through a Third-Party Provider.

15. What happens when you leave the Waitlist?

You may leave the Waitlist at any time. Sections 8 to 13 shall survive your departure from the Waitlist.

16. What other rules apply?

  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • No waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Transfer: We may transfer these Terms and the Waitlist to a company that we establish to operate flutterfly, or to a company that acquires flutterfly. Such a transfer shall not diminish your rights.

17. How can you contact us?

If you have any questions or concerns, please contact us first. Most issues can be resolved quickly and informally.

Email: legal@flutterfly.app