Welcome to Wellzy, the mobile and online service of Wellzy Inc. (hereinafter referred to as "Wellzy", "We", "Us" or "Our"). These Terms of Service apply to all visitors, data subjects, and others who access the Service ("User(s)" or “You/r”), including persons buying for teams (“Subscribers”). This document is a legally binding agreement between You and Wellzy Inc., a private company registered in the USA. The domain name www.wellzy.io and all associated subdomains (hereinafter referred to as "Website") and Wellzy mobile application, web-based and online applications ("Mobile Software" or "Wellzy App") is owned and managed by Wellzy Inc.
You may use our Apps to access one or more of our services and offerings (collectively the "Service(s)" or “Wellzy Service”):
AI chatbot (“AI Coach”).
Digital self-care tool-packs.
Emotional well-being professionals.
Guided-group meditations.
Services offered over WhatsApp (available in select geographies only).
Services purchased from our website and web pages.
Digital front door or e-triage.
Multi-lingual offerings (available in select geographies only).
Online controlled and real-world research studies.
Validated preventative guided programs for Institutional users.
Wellzy+ Generative AI (Wellzy+).
We may also provide these and additional services on behalf of Your Institution (“Institutional Services”). An Institution could be an enterprise, university, hospital, research institution, or other public or private organization. Institutional Services may involve processing information on behalf of the Institution. Where applicable, you must agree to the Terms of Service and Privacy Policies of both Wellzy and your Institution to proceed with using the Institutional Service.
By accessing or using the Wellzy App and Service, You signify that You have read, understood, and agree to be bound by these Terms of Service and to the collection and use of Your Information as set forth in the Privacy Policy, Cookie Policy, and terms of any other policies of Wellzy as may be applicable to You whether or not You are a registered User of Our Service. These Terms of Service, Privacy Policy, Cookie Policy, and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as “Agreement” or “Contract”. For further Information regarding the use of Your data by Wellzy, please read Our Privacy Policy.
Where not specifically called out, use of uppercase/lowercase and bold/not bold would carry the same meaning in this document.
Initial Effective Date: June 30, 2017 (GMT)
Latest Revised Date: July 23, 2024 (GMT)
Version: 4.4.0
Important Notice:
If You are having suicidal thoughts or planning to act on suicidal thoughts, or if You feel that You may be a danger to Yourself or to others, or if You otherwise have any medical or mental health emergency or severe mental health condition, or if You are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in Your country or the approved helplines provided by Your Institution.
If You are less than 18 years of age, please read through the Wellzy Privacy Policy and the Wellzy Terms of Service with Your parent or legal guardian or check with Your Institution to understand eligibility before use. Wellzy is not to be used by children under 13 years. Wellzy does not take responsibility for any misrepresentation of age and use.
Your interaction with the AI Coach is with an AI system and not a human. The AI Coach is restricted in the means of response, and the intended use is for providing evidence-based tools and techniques to manage emotions and encourage mental well-being in a self-help and self-monitoring context. It is not intended for providing diagnosis, treatment, or cure of a condition or disease. The AI Coach cannot and will not offer advice on issues it does not recognize.
Your interaction with Wellzy emotional well-being professionals is with a human who is a highly trained and qualified emotional health and well-being professional.
When you subscribe to our emotional well-being professional service, you get human-supported emotional well-being services which are not a replacement for treatment-focused therapy. Wellzy emotional well-being professionals draw on various evidence-based psychological and lifestyle coaching techniques to provide empathetic and non-judgmental support to help service users strengthen their self-esteem and navigate emotional hurdles and current concerns to reach their goals. The service being offered is thus an enabling and empowering mode of support. If any user is found to need a diagnosis, treatment, or any other regulated service, under our protocols, the mental health professionals focus on motivating them to seek out a locally licensed professional and help them problem-solve around barriers to access.
Audio-Video based sessions with Wellzy emotional well-being professionals are available only in select geographies and Apps. It may not be available in your region if not mentioned within the app. Please check with Your emotional well-being professional regarding availability in your region or write to us at wellzycare@gmail.com. You may be asked to set up an account with a third-party audio-video application provider to use the service.
Wellzy emotional well-being professional services are not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment, or cure for a disease/condition/disorder or disability or provide any type of state-regulated mental health services in Your country of residence. It is an enabling and empowering mode of support, rather than treatment of illness or a health condition.
By using the Wellzy emotional well-being professional Services, You understand and agree that the professional assigned to work with You will be located remotely and may not be located in Your country or state of residence.
Wellzy AI Coach and Wellzy emotional well-being professional cannot and will not offer medical or clinical advice. In case You mention the need for such advice, they will suggest that You seek advanced (medical) help.
Wellzy App is designed to offer general mental health advice and support and cannot offer condition-specific advice for complex medical conditions such as complex long-term illness, cancer, infertility, or genetic disorders among others.
Please first consult a healthcare professional before using the App if You have any medical conditions including but not limited to Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleepwalking, excessive daytime sleepiness, dizziness, or tremors. The Wellzy App may not be right for You if You are; a child under 13 years, someone with a severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules, or someone who sleeps at times that are out of sync with Your body’s natural rhythm.
We take all reasonable care to keep Your conversations private and secure. You can also keep Your conversations private and device secure by following the best practices outlined in the Privacy Policy.
For safety and security reasons, We strongly recommend that You keep Your conversations with Wellzy App private. We strongly recommend that You set automatic updates of the Wellzy App in the application manager settings of Your mobile device; to get the latest Wellzy App-based features and fixes. Always exit the Wellzy App version in Your mobile device by using the back button before upgrading to a newer version to prevent loss of ongoing or previous conversations.
Your submitted Data will be transferred, stored, and processed in Our secure servers hosted by our cloud service providers. You understand and agree that We may transfer, store and process minimal data outside Your region to enable us to provide Our services. These could be to regions where data protection laws may be less stringent than those in Your country. Such data handling will be based on Our Privacy Policy.
The App and its Services are primarily in the English language. We also provide Hindi and Spanish version apps for users in certain geographies. Some of the AI Coach modules, Wellzy emotional well-being professional services, and tools are enabled for Hindi and Spanish language users and are available only in certain geographies. The terms of this agreement apply to the Hindi and Spanish language components as well.
The App and its Services cannot and should not be used by a third-party for Independent Research and Clinical Studies without the explicit permission of Wellzy.
Changes in v4.4.0 | July 23, 2024
Additions:
Added Wellzy+ Generative AI in the list of Services governed by this privacy policy and the additional Wellzy+ Generative AI Privacy Policy.
Updates:
Changed the section “How do we use Generative AI technology?” to “Your use of Wellzy+ Generative AI Services.” This section has also been changed to reflect on the service and to provide links to the additional Wellzy+ Generative AI terms of use and privacy policy.
What is Wellzy App?
The Wellzy App has a virtual AI-based system (“AI Coach” or “Wellzy AI Coach”) that You can chat with, including upon Your choice, the ability to subscribe and to message a highly trained and qualified mental health and emotional well-being professional (“Wellzy emotional well-being professional” or “emotional well-being professional” or “professional”) or for Institution Users, to be able to use an Institutional support mechanism integrated within the Wellzy App, and through a conversational interface get access to tools and techniques to manage Your emotional well-being. The Wellzy App is available for both iOS and Android mobile systems and as a web browser-based system either on the Wellzy’s web application or integrated within an Institution website. The AI Coach Service over WhatsApp business is currently piloted only in India. Your Interaction with the AI Coach is with an artificial intelligence system and not a human. The AI Coach is restricted in the means of response, and the intended usage of Wellzy App is for providing support via evidence-based tools and techniques to manage emotions and encourage mental well-being, as an early intervention tool in a self-help or self-monitoring context. You make the choice of using the AI Coach, based on Your own estimate of need, and agree that this is only suitable for basic self-help. This is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment, or cure for a disease/condition/disorder or disability. The AI Coach cannot and will not offer advice on issues it does not recognize. Using the Wellzy App, You can track and manage Your mood, and learn context-sensitive evidence-based techniques that can help You feel better. Wellzy App and Service is not intended for use in crises such as abuse or complex or severe mental health conditions that cause, for example; ideation of suicide, harm to self and others, or for any medical emergencies. Wellzy App is designed to offer general mental health advice and support and cannot offer condition-specific advice for complex medical conditions such as complex long-term illness, cancer, infertility, or genetic disorders among others. Wellzy App and Service cannot and will not offer medical or clinical advice. It can only suggest that the user seeks advanced (medical) help.
Please first consult a healthcare professional before using the App if You have any of the following conditions- Pregnancy, Sleep Apnea, Restless Leg Syndrome (RLS), Seizures or Epilepsy, hallucinations or nightmares, sleepwalking, excessive daytime sleepiness, dizziness, or tremors. The App may not be right for You if You are; a child under 13 years, someone with a severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules, or someone who sleeps at times that are out of sync with Your body’s natural rhythm.
The web-widget Service and the WhatsApp-based business service are limited in their features and you will be asked to download the mobile version of the app to enable access to the full App features and Services.
Who can Use the Service?
You may use the Service only if You are a natural/legal person, agree to this Agreement and form a binding contract with Wellzy, and only in compliance with all applicable local, state, national, and international laws, rules, and regulations. You may use the App and services if you are 18 or more. If You are between 13 and 18 years of age, please read through this Wellzy Privacy Policy and the Wellzy Terms of Service with Your parent or legal guardian, and in such a case the Agreement shall be deemed to be a contract between Wellzy and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. Kindly inform your parent or legal guardian to provide their consent by writing to us at wellzycare@gmail.com. Anyone under 13 is strictly prohibited from creating an account and/or using the Service. Wellzy does not take responsibility for any misrepresentation of age and use.
If Your Institution specifies a different age restriction, such as at least 18 and above, as a condition of using this Service, that restriction shall apply rather than the one above.
If You use the Wellzy emotional well-being professional Service:
You may be asked to set up an account with a third-party audio-video application provider.
You may be asked to provide your informed consent to use the services.
You may be asked to provide emergency contact details for your safety purposes.
You will be asked to provide a Parental or Legal Guardian consent if You reveal Your age to be between 13 and 18 years. You will be required to inform Your parents or legal guardian and have them send Us an email consent to wellzycare@gmail.com, as directed by Your Wellzy emotional well-being professional, using the same email ID that was used to subscribe to Our Service.
Without receiving your informed consent or parental or legal guardian consent, We will be unable to offer Our full Services.
Wellzy reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by Wellzy.
Institution version of Wellzy App
Enterprises, organizations, schools, universities, trusts, services, hospitals, clinics, research institutions, or other public or private organizations (“Institution(s)”) may introduce Wellzy App to their employees, patients, and members. These Institutions may also customize Wellzy App and add or replace certain Wellzy Service(s) or integrate their own Services within the Wellzy App (“Institution version of Wellzy App'') or request Wellzy emotional well-being professional Services outside the Wellzy App including but not limited to well-being webinars or group sessions. Such employees, patients, and members of Institutions are also User(s) of the Wellzy App or the Institution version of Wellzy App (“Institution User(s)”). In such an event and where applicable, these Institution’s terms and these Institution's Privacy Policy shall also apply to Your Use of Wellzy App and Services. In the event of any conflict with such additional terms and privacy policy, Wellzy’s Agreement shall apply. Wellzy App may carry links to material or Websites or Web Pages or Services managed by third parties on which the Institution and Wellzy may have no control, agreement, or affiliation. Please refer to documentation including terms and privacy policy provided by such third parties before accessing such links. The Institution version of Wellzy App and its Services can only be accessed by authorized Institution User(s) following installation and access instructions as shared by the Institution or their Service provider.
Wellzy License
Subject to this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Wellzy App and Service for Your personal use only and as permitted by the features of the Service. Wellzy reserves all rights not expressly granted herein in the Wellzy App, Service, and the Wellzy Content (as defined later in this Agreement). Wellzy has the right to terminate this license at any time for any reason or for no reason.
About Wellzy Accounts
Creation of an Account via registration is currently not required. Wellzy may, at its sole discretion, make the creation of an Account mandatory for all or certain Services in the future. In such an event, the following terms shall apply:
You may be required to create an account with Wellzy to avail certain Services with a username and password or Access Codes (“Account”). Your Account will give You access to the Services and functionality that We may establish, modify, and maintain from time to time and at our sole discretion.
When creating Your Account, if required, You must provide accurate and complete Information. If You provide any Information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).
You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. Whenever You need to set a password, We encourage you to use "strong" passwords (passwords that use a combination of upper-and-lower case letters, numbers, and symbols) with Your Account. You must notify Wellzy immediately of any breach of security, unauthorized access to Your chats or other data, or unauthorized use of Your Account. Wellzy will not be liable for any losses caused by any unauthorized use of Your Account. We may also suspend or terminate Your Account according to this Terms of Service where we see behavior, content, or other factors that pose a threat to Our App and Services.
You may never use another User's Account.
You may control Your user Account profile and how You interact with the Service by changing the Settings in the Mobile Software. You consent to Our using Your profile to send You Service-related email notices, including any notices required by law, in lieu of communication by postal mail.
About Wellzy emotional well-being professional Service
[This section applies only to the conversations with a Wellzy emotional well-being professional. For some Institution versions of Wellzy App, Wellzy App may provide links to other support from the institution’s EAP service or health provider, in which case their Terms and Privacy Policy will apply.]
When You use the Wellzy emotional well-being professional Service provided to You on the Wellzy App, the following terms will apply:
Wellzy emotional well-being professional Service is a Premium Service provided by the Wellzy App;
You have chosen to utilize the Services of a Wellzy emotional well-being professional engaged by the Wellzy App by choosing and subscribing to an offered subscription, plan, or boot camp;
Unless required for emergency reasons, avoid sharing Your Personal data (such as full name, date of birth, gender, contact numbers, address, financial identifiers, government-provided identifiers) or Your medical-related data or any other sensitive data (such as Your sexual preferences, religious or political opinions, financial data) when You use the Wellzy emotional well-being professional Services;
You can access the Wellzy emotional well-being professional Service by providing a non-personally identifiable nickname or User name. You have responsibility for the conduct, postings, and transmissions that are made under Your User name;
The Wellzy emotional well-being professional Service is provided by highly trained and qualified mental well-being professionals. By using the emotional well-being professional Service, You understand and agree that the professional assigned to work with You will be located remotely and may not be located in Your country or state of residence. Wellzy emotional well-being professionals are fully qualified and licensed in their geographies. However, please be aware that they may not be licensed to practice in Your state, country, or geography;
When you subscribe to the Wellzy emotional well-being professional Service, you get human-supported emotional well-being services which are not a replacement for treatment-focused therapy. Wellzy emotional well-being professionals draw on various evidence-based psychological and lifestyle coaching techniques to provide empathetic and non-judgmental support to help service users strengthen their self-esteem and work through emotional hurdles and current concerns to reach their goals. The service being offered is thus an enabling and empowering mode of support. If any user is found to need a diagnosis, treatment, or any other regulated service, under our protocols, the emotional well-being professionals focus on motivating the user to seek out a locally licensed professional, and to help them problem-solve around barriers to access;
The Wellzy Coach Service is a text-based messaging or audio-video based (not available in all regions) emotional well-being professional service. It will apply motivational interviewing and life coaching to help You work towards Your personal well-being goals. The Service will focus on building wellness and emotional resilience. The underlying principle of this Service is that You have the knowledge and capacity to make desired changes in Your life. The authorized emotional well-being professional will support You in finding Your own way, help You tap into Your own strengths and abilities, so that You can identify and use resources around You to fill any gaps;
The Wellzy Therapist Service is a text-based messaging or audio-video based (not available in all regions) professional service. It will use person-centered supportive listening, motivational interviewing, and evidence-based approaches like evidence-based approaches like CBT principles to help You to take control of Your mental and emotional well-being. Wellzy Therapists will draw on various evidence-based techniques to provide empathetic and non-judgmental support. The authorized professional will listen to Your worries empathetically, promote positivity, and support You in making successful lifestyle changes, so that You can manage Your situation better and build emotional resilience;
The Wellzy App allows You to connect and have text-message-based scheduled sessions or where available, an audio-video based session with a Wellzy emotional well-being professional. You understand and agree that the Services offered are solely for the purpose of listening to You, supporting You in achieving Your defined goals and pointing You to the right Wellzy App tools;
Audio-Video based sessions with Wellzy emotional well-being professionals are available only in select geographies and Apps. It may not be available in your region if not mentioned within the app. Please check with Your emotional well-being professional regarding availability in your region or write to us at wellzycare@gmail.com. You may be asked to set up an account with a third-party audio-video application provider to use the service;
You understand and agree that Wellzy emotional well-being professional Service is not a substitute for face-to-face psychotherapy, and/or does not provide a diagnosis, prognosis, treatment, or a cure for a disease/condition/disorder or disability, and/or does not provide any type of state-regulated mental health services in Your country of residence;
The Wellzy emotional well-being professionals do not provide any medical, psychiatric, or other professional health care advice. They are not intended to be used to assess health conditions or substitute for professional medical advice, or relied upon for diagnosis or treatment. Use of Wellzy emotional well-being professionals Services does not create or constitute a physician-patient relationship with any Wellzy emotional well-being professionals, or anyone acting on behalf of Wellzy;
Wellzy emotional well-being professional Service is not a crisis or emergency Service. If at any time You experience an emergency, medical or otherwise, please immediately reach out to the emergency contact in Your local area of residence;
The Wellzy App will assign a Wellzy emotional well-being professional to You when You subscribe to the Service or when you schedule Your first session;
After Subscription, You may be requested to provide an Informed Consent and Emergency Contact authorization details. The Informed Consent will be required before Your first Session with the Wellzy emotional well-being professional. Your Wellzy emotional well-being professional will also explain the Pros and Cons of online-based modality during Your early sessions with them;
You will also be able to switch your Wellzy emotional well-being professional at any time after Your first session by writing to Wellzy at wellzycare@gmail.com;
Sessions are scheduled at the mutual convenience of the User and the Wellzy emotional well-being professional;
You are responsible to schedule a session with Your assigned Wellzy emotional well-being professional;
Aside from a scheduled session, You can send unlimited messages and chats and the Wellzy emotional well-being professional will try to respond within 24 hours. Messaging will be only by text-based chat and only through the Wellzy App. You agree to not collect contact details or any other personal information, or contact Your Wellzy emotional well-being professional outside of the Wellzy App;
You can cancel or reschedule a scheduled session anytime before 3 hours to the start of the scheduled session. No cancellation or rescheduling will be allowed within 3 hours or after a session begins;
Your private text-messaging-based chats with a Wellzy emotional well-being professional are available anytime for Your reference within the Wellzy App. You will be able to access your text-based conversations and session summaries with the Wellzy emotional well-being professional even after your subscription ends. You can always initiate the deletion of this data via the “Reset my data” option in the Wellzy App settings at any time. On reset all your messages and transactional data with Your emotional well-being professional will be deleted. However, your active subscription, purchased through third parties like google play, iTunes, etc., will continue to exist post reset of your data;
Your Audio-Video sessions with a Wellzy emotional well-being professional are never recorded and stored. No playback or recording transcript will be available;
You agree to not record and store Your Audio-Video Sessions with Your emotional well-being professional either within or from outside of the App;
If Your Wellzy emotional well-being professional is not available to take scheduled sessions due to any personal or emergency reasons, Wellzy will provide You with an alternate emotional well-being professional. You can always opt to reschedule Your session;
It is the intention of Your Wellzy emotional well-being professional to provide Services that will assist You in reaching Your goals. Based upon the Information that You provide and the specifics of Your situation, Your Wellzy emotional well-being professional will provide recommendations to You. Users and Wellzy emotional well-being professionals are partners in the supportive process. You have the right to agree or disagree with Your emotional well-being professional recommendations;
You agree to cordial messaging or conversation etiquette with Your Wellzy emotional well-being professional and to post messages or converse in accordance with the User Content section within this agreement;
The Wellzy App serves as a “connector” for You to access online Wellzy emotional well-being professionals. You agree that You are using the Services in your best judgment, and Wellzy will not make any representation or warranty as to (a) the accuracy or availability of the Wellzy App, (b) the willingness or ability of the Wellzy emotional well-being professional to listen, (c) the willingness or ability of any Wellzy emotional well-being professional to give advice, (d) whether You or anyone else shall find a Wellzy emotional well-being professional Service helpful, useful, or satisfactory, (e) whether You or anyone else shall find a Wellzy emotional well-being professional advice relevant, useful, accurate, or satisfactory, (f) whether the advice of the Wellzy emotional well-being professional will be relevant to the User’s question, or (g) whether the Wellzy emotional well-being professional advice will otherwise be suitable to Your or anyone else’s needs;
Wellzy performs a reference and background check of all Wellzy emotional well-being professionals. You can view all Our Wellzy emotional well-being professional profiles in the Coach or Therapist tab of the Wellzy App;
You understand and agree that, although a Wellzy emotional well-being professional may have been accessed through the Wellzy App, Wellzy cannot predict or assess the competence of, or appropriateness for Your needs, of the Wellzy emotional well-being professional. You also acknowledge and agree that You take full responsibility for the decision to access a Wellzy emotional well-being professional;
The monthly fee for the Wellzy emotional well-being professional Service shall be as mentioned on the Wellzy App and indicated to You at the time of purchase (“Fees”). Wellzy may at its discretion revise the Fees. Any changes to the Fees will be effective only upon your approval through the Mobile Software. Wellzy reserves the right to discontinue the Wellzy emotional well-being professional Service upon non-payment of Fees by You. Fees are payable through purchase through Google Play and Apple iTunes, or other payment mechanisms as Wellzy may introduce in its sole discretion from time to time, prior to the time the Services are rendered;
Because Wellzy emotional well-being professional Service is not a medical treatment, insurance may not cover the cost as a reimbursement. Some employers or other Institutions may cover some of the cost of the Wellzy emotional well-being professional Service either directly or indirectly. It is Your responsibility to pay for the Service and get reimbursed by Your employer if that is the case;
Your Subscription will be automatically renewed until Your subscription is canceled. It is solely Your responsibility to cancel, which can be done at any time from Google Play and Apple iTunes;
Cancelling Your subscription depends on Your payment method. Here are the two ways to cancel:
Google Play: https://support.google.com/googleplay/answer/7018481
iTunes: https://support.apple.com/en-us/HT202039
The Fees payable by the User is a fixed fee and accordingly, You can use the Wellzy emotional well-being professional Service as little or as much as You like, but You shall pay for the month regardless of how much You choose to use the Services;
It is Your responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates;
Unless required for informed consent and for emergency reasons, the Wellzy emotional well-being professional will not ask You for any Personally Identifiable Information (such as full name, email ID, phone number, address, gender, and other identification including sensitive Information such as Your medical information, sexual preferences, religious or political opinions), other than Your nickname to personalize the Wellzy emotional well-being professional Service. You also agree to not share any personally identifiable Information including sensitive Information from Your end. Any Information shared by You, shall be treated in accordance with this Terms of Service and Privacy Policy;
The Wellzy emotional well-being professional and You mutually recognize that they may hold discussions based on data and information provided by You. The Wellzy emotional well-being professional will not voluntarily communicate Your data to a third party. Any use of data disclosed by You to the Wellzy emotional well-being professional shall be in accordance with the Privacy Policy;
Additional Service-related terms
The Wellzy App may offer in-app promotions from time to time such as free trials, discounts, or upgrades to a plan or boot camp for a limited time period. You understand and agree that such promotions may be available only once and cannot be extended or be transferable across multiple Users, plans, and boot camps;
You have rights and these can be viewed in the Privacy Policy. If You have any questions, inquiries, or complaints, please contact Us at wellzycare@gmail.com. Wellzy may ask for additional information from You to service Your request appropriately. Please note that We may require verifying You before responding to any requests to exercise Your rights;
We do not collect any Personally Identifiable Information from You, except when you agree to participate and consent to Wellzy commissioned online research studies. At the same time, we also use limited anonymized data for research and statistical purposes to improve Our Product and Services and contribute to the development of user-centered best practices for mental well-being globally. Please refer to the Privacy Policy on how we handle Your data;
Your participation in Wellzy commissioned online research studies is voluntary. Details about the study will be made available and your informed consent taken at initial enrollment. Your expression of interest or provision of consent to participate does not automatically qualify you for the study. Your selection into the study is based on successfully meeting the research qualification criteria. Use of your provided data will be governed by Wellzy Privacy Policy. Unless informed during enrollment, there will be no payment or benefits or feedback offered or expected from Wellzy for your participation in the study. To the maximum extent permitted by applicable law, in no event shall Wellzy, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or injury or losses arising out of or in connection with the research study.
Wellzy Services depend on various factors such as software, hardware, and communications networks, and its processors. Wellzy does not guarantee that the Wellzy App Service will be uninterrupted or that it will be timely, secure, or error-free. Wellzy may hold Service Level Agreements with Your Institution to provide Our Wellzy App and Services;
All conversations and data obtained during the course of the Service are confidential. You agree and authorize Wellzy to collect and process Your data in accordance with our Privacy Policy;
Wellzy or Wellzy emotional well-being professional may disclose your data if Wellzy reasonably believes that disclosure is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority or Your personal safety;
The Wellzy App and Service may provide links to external resources or other content on third-party websites. Wellzy has no control over any such links, content, websites, products, services, or any Information provided or transmitted via such links, websites, products, or services, or otherwise provided by any such third party. You acknowledge and agree that Wellzy does not endorse such third-party products, services, or advertisements and is not responsible for the availability of such third-party links, content, websites, products, or services and will not be responsible or liable for any content, advertising, products, or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that Wellzy will not be responsible or liable, directly or indirectly, for any damage or loss or injury caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product, and/or service. Wellzy encourages You, the User, to, at a minimum, be aware of and to review the terms of service and the privacy practices related to third-party sites;
You understand that the use of technology is not always secure and You accept the technology risks during the use of Your mobile device. You will follow good security practices during digital use including but not limited to setting a PIN to protect access, not sharing this with anyone, and not leaving your phone or chats unlocked for others to see. You understand and agree that safe use is Your responsibility, and Wellzy will not be responsible in any event arising out of unauthorized access to Your chats or other data;
It is agreed between You, Your heirs, agents, assigns, personal representatives, and next of kin, and Wellzy and their officers, directors, employees, contractors, members, agents, and assigns that any disputes or claims arising out of or relating to the Agreement, or the breach of this Agreement, will be mutually addressed by both parties towards a resolution. Any such resolution may occur over the telephone. In the event that the dispute has not been resolved after 60 days then the terms of dispute resolution mentioned in the Agreement will be followed by both parties;
You, for Yourself and on behalf of Your heirs, agents, assigns, personal representatives, and next of kin, hereby release from liability, indemnify, and hold harmless Wellzy, and their officers, directors, employees, contractors, members, agents, and assigns (collectively “the Indemnified Parties”) from and against any and all claims, losses, causes of action, costs, damages, expenses, injury, and liabilities whatsoever, that You, Your heirs, agents, assigns, personal representatives, and/or next of kin may have against the Indemnified Parties, which may incur, or which may arise out of or as a result of Your use of the Wellzy App and Service and/or reliance upon advice provided therefrom, whether caused by your own actions or inactions, by the negligent act(s) or omission(s) of the indemnified parties, or otherwise, to the fullest extent permitted by law;
Wellzy “Gift Card” Program
Wellzy “Gift Card” program is a pre-paid membership to specific Services. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Card for the specific Services is referred to in these terms as the “Recipient”. Gift Cards are paid for by a one-time upfront payment. Once bought, the Giftor will receive a Gift Code along with an order confirmation and receipt. The gifting codes cannot be redeemed for cash, resold, or combined with any other offers, including free trials. Please note that gifting codes cannot be redeemed if any of the premium subscription access is already enabled or if another gift card is already redeemed and active. We will automatically bill the Payment Method you provided for any purchased Gift Card at the time of purchase, not delivery. There are no cancellations, refunds, or other credits for Gift Cards that are not redeemed. Wellzy is not responsible if a Gift Card is lost, stolen, or used without permission.
Your use of Wellzy+ Generative AI Services technology
We use third-party Generative AI technology services for our Wellzy+ GAI Services. Wellzy+ represents the next generation of Wellzy, designed to generate static, quality, and clinically validated content that provides a high performing, safe, and improved user experience with our AI-based Services. No personal data gets shared with these third-party services. Wellzy+ GAI Service is provided as a deterministic framework that follows the same safety-based structure as the regular Wellzy services. This means that every Wellzy+ GAI Services use case is tested for repeatability and clinical safety, and is used within an overall clinically approved flow.
Generated content needs to pass our safety and quality guardrails before being accepted for use. All generated content scripts are rigorously quality checked for clinically validated and safe responses using a therapist-in-the-loop for safety, privacy, quality, and performance. Only validated features get released within our App and Services. Where applicable, We will transparently inform you and seek your consent before enabling the Generative AI technology on the Wellzy App.
Refer to the additional Wellzy+ Generative AI Terms of Use and Wellzy+ Generative AI Privacy Policy to be informed about our Wellzy+ GAI Service and how we handle and process your provided data during the use of this Service.
What are the Service Rules?
You agree not to engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Wellzy servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
transmitting spam, chain letters, or other unsolicited email;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
taking any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other software agents through the Service;
disclosing, collecting or harvesting any personally identifiable Information, including account names, from the Service;
using the Service for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
interfering with the proper working of the Service;
accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
About User Content
Some areas of the Service may, either now or later, allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content or Information or any such materials a User submits, posts, displays, or otherwise makes available on the Service ("User Content"). We claim no ownership rights over User Content created by You; the User Content You create remains Yours. However, by sharing User Content through the Service, You agree to allow Us, authorized Institutions or other authorized persons (in accordance with your settings and this Agreement) to view, edit, and/or share Your User Content. Wellzy has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post or transmit User Content that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal;
may create a risk or any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any Information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any Information or content that is illegal (including, without limitation, the disclosure of insider Information under securities law or of another party's trade secrets);
contains any Information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
contains any Information or content that You know is not correct and current;
violates any school, Institution or other applicable policy, including those related to cheating or ethics;
interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity;
except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicit Service letters or certificates, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
Copyrights and Intellectual Property Rights
You may not copy, share, or use personal identifying or business contact Information about other Users without their express permission. You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Wellzy reserves the right, but is not obligated, to reject and/or remove any User Content that Wellzy believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
In order to honor and protect the Wellzy intellectual properties, You expressly agree not to disclose or communicate any proprietary Information about the Wellzy practice, materials, or methods to any third parties. The obligations under this Clause survive the termination of the Wellzy Service or Your relationship with Wellzy;
In connection with your User Content, You affirm, represent and warrant the following:
You have the consent of each and every identifiable natural person in the User Content to use such a person's name or likeness, and each such person has released You from any liability that may arise in relation to such use of such User Content.
Your User Content and Wellzy's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights and privacy rights. Wellzy takes no responsibility and assumes no liability for any User Content that You or any other User or third-party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that in spite of Our best efforts You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Wellzy shall not be liable for any damages or injury or losses You allege to incur as a result of User Content.
User Content License Grant
By posting any User Content on the Service, for use in connection with the Service You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Wellzy a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list Information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.
Use of User Content
Wellzy conducts research on Our global platform. All data including User Content if any is anonymized before use for research purposes. This research looks at how different activities on Mobile Software impact mental well-being measures. Wellzy may use User Content and other data collected from the User in accordance with the Agreement for the purpose of this research. Research and outcomes are key to helping Users make real change and progress in their lives, and we are grateful for the support You provide towards this mission by sharing Your data.
About Mobile Software
We make available Mobile Software to access the Service via a mobile device. To use the Mobile Software, You must have a mobile device that is compatible with the Mobile Software. Wellzy does not warrant that the Mobile Software will be compatible with Your mobile device. Wellzy hereby grants You a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Wellzy Account owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing, conduct independent clinical or research studies without explicit permissions or provide similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Wellzy may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile device, and agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Wellzy or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by You to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Wellzy reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in India and is subject to Indian export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from India. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Indian and foreign laws related to the use of the Mobile Software and the Wellzy Service.
Our Proprietary Rights
Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Wellzy Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Wellzy and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Wellzy Content. Use of Wellzy Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or We may invite You to submit comments or ideas about the Service, including without limitation about how to improve the Service or Our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited, and without restriction and will not place Wellzy under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, Wellzy does not waive any rights to use similar or related ideas previously known to Wellzy, or developed by its employees, or obtained from sources other than You.
No Professional Advice
If the Service provides any Information (which includes Wellzy Content, medical or legal information among others) including recommending tools and techniques (e.g. Yoga or activity or exercises), such Information is for Informational purposes only and should not be construed as professional advice. No action should be taken based upon any Information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before any use.
About Privacy, Security, Third-Party Links and Monitoring
We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use, and disclosure of Your Personal data and aggregate data as set forth in our Privacy Policy, and to have Your data collected, used, transferred to and processed by Us in accordance with Our Privacy Policy.
We deeply care about the integrity and security of Your Personal data and maintain security measures as required under applicable data protection laws to ensure its authorized use. However, we cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use Your Personal data for improper purposes. You acknowledge that You provide Your Personal data at your own risk. Refer to the Privacy Policy for how we handle Your data.
The Service may contain links or other content related to third-party websites, advertisers, products and/or services, special offers, or other events or activities offered by third parties that are not owned or controlled by Wellzy. Wellzy has no control over any such links, content, websites, products, services, or any Information provided or transmitted via such links, websites, products, or services, or otherwise provided by any such third-party. Wellzy does not endorse or assume any responsibility for any such third-party sites, Information, materials, products, opinions, or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. If You access a third-party website or application from the Service, You do so at Your own risk, and You understand that these Terms of Service and Wellzy's Privacy Policy do not apply to Your use of such sites. You expressly relieve Wellzy from any and all liability, directly or indirectly, arising from Your use of any third-party website, application, software, service, or content and also for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, application, software, content, product, and/or service. We do not promote third-party offers as a part of the App experience. Your Institution may conduct advertising or marketing of Wellzy Services. We may place ads online to test the take-up of a specific Service or to promote a specific Service using only authorized advertisers and ad managers. Additionally, Your dealings with or participation in promotions of advertisers, if any, found on Our Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between You and such advertisers. You agree that Wellzy shall not be responsible for any loss or damage or injury of any sort relating to Your dealings with such advertisers. If You disclose Your Information to others, different rules may apply to their use or disclosure of such Information. We do not control the privacy policies of others. We encourage You to ask questions before You disclose Your personal Information to others. Wellzy encourages You to, at a minimum, be aware when You visit or use a third-party website, application, software, or service and to review the terms of service and privacy practices related to such third-party;
Subject to the Agreement, We have the right and liberty to monitor the content on the Website and Mobile Software at all times which shall include Information provided in Your Account or any User Content posted by You. The monitoring of the Website is important to determine the veracity of the Information provided by You and that every User remains in consonance with the terms provided herein. Subject to the Agreement, We shall also have the liberty to remove any objectionable content, including User Content, which is in contravention of the Agreement or share such Information with any governmental authority as per procedures laid down by the law for the time being in force in India. It is hereby clarified that Wellzy has a right to but not an obligation to monitor the content on the Website and the Mobile Software. Accordingly, Wellzy shall not be liable for any claims, losses, damages, costs, or expenses that may arise as a consequence of the User Content published by You or any other User on the Website and Mobile Software.
About Payments and Cancellations
[For some institution versions of Wellzy App, Wellzy App may provide links to support from the institution’s EAP service or health provider, in which case their terms and Privacy Policy will apply.]
The AI Coach Services are provided to the Users free of cost at present. The User may choose to avail additional services available on the Mobile Software (“Premium Services”) upon payment of a subscription fee. Premium Services shall be considered as a part of Services for the purpose of the Agreement. We may modify the subscription fee for the Premium Services or make all Services subject to payment of certain subscription fees at our sole discretion. The User will be notified of the applicable fee payable for the Services and the Premium Services prior to the User’s use of the same.
Subscriptions will be automatically renewed until the subscription is canceled before the end of the current period. For Apple iTunes, the subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can go to your iTunes Account settings to manage your subscription and turn off auto-renew. Your iTunes Account will be charged when the purchase is confirmed. It is solely the User’s responsibility to cancel, which can be done at any time from Google Play and Apple iTunes. WE DO NOT GENERALLY ACCEPT SUBSCRIPTION CANCELLATIONS VIA EMAIL;
It is the User’s responsibility to note the date and time that the subscription will expire or come up for renewal, and to cancel prior to Your payment being processed. Payments may be subject to applicable currency exchange rates.
Cancelling Your subscription depends on Your payment method. Here are the two ways to cancel:
Google Play
iTunes
If You purchase Wellzy Services by means of Web-based purchases, You may use other third-party payment gateways provided by PayPal, RazorPay, and Stripe to make Your payments. Payment using PayPal, RazorPay, or Stripe is governed by their respective Terms and Privacy Policies. If You want to cancel or seek a refund for Your subscription for any web-based purchases, then please write to Us at wellzycare@gmail.com. In-App products or services purchased via Google Play Points will be non-refundable.
To the maximum extent permitted by applicable law, in no event shall Wellzy, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages or injury or losses arising out of or in connection with the Services.
Termination
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to You or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend Your access to the Service without notice and liability for any reason, including if in Our sole determination You violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by the Agreement. You are responsible for all the mobile data usage resulting from the use of the Service. Consult Your mobile operator concerning your plan, data rate charges, and limits.
Wellzy, in its sole discretion and for any reason, reserves the right to modify or discontinue or terminate, temporarily or permanently, any Service in or on the Wellzy App, with or without notice to User. User agrees that Wellzy shall not be liable to User or to any third party for any losses or damages or injury that may result to User or any third party from such discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by Wellzy, Wellzy will initiate the refund of Fees paid by the User on a pro-rata basis for the relevant month or any unused portion of the Services. Such a refund shall be in accordance with the refund policy and terms and conditions of Google Play or Apple iTunes (whichever applicable). In such an event, You are required to contact Us for such requests. You will need to send an email request with reasons from Your Google or Apple email ID to wellzycare@gmail.com. Wellzy will address any such request on a case by case basis;
Indemnity and Warranty
Indemnity
[For some institution versions of Wellzy App, Wellzy App may provide links to support from the institution’s EAP service or health provider, in which case their terms and Privacy Policy will apply.]
You agree to defend, indemnify and hold harmless Wellzy and its subsidiaries, employees, officers, and directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, injuries, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service, including any data or content transmitted or received by You; (ii) Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties; (iii) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of Your User Content or any that is submitted via Your account; or (vi) any other party's access and use of the Service with Your unique username, PIN, password, or other appropriate security code.
You are solely responsible for Your interactions with other Wellzy Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Wellzy shall have no liability for Your interactions with other Users, or for any User's action or inaction.
Warranty
The service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. to the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Wellzy or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Wellzy, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable, or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Wellzy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Wellzy Service or any hyperlinked website or Service, and Wellzy will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of Liability
[For some institution versions of Wellzy App, Wellzy App may provide links to support from the institution’s EAP service or health provider, in which case their terms and Privacy Policy will apply.]
To the maximum extent permitted by applicable law, in no event shall Wellzy, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will Wellzy be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your Account or the information contained therein. To the maximum extent permitted by applicable law, Wellzy assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Wellzy (including its affiliates, agents, directors, employees, suppliers, or licensors) under such circumstances for liabilities that otherwise would have been limited, shall not exceed the greater of USD 100 or the total amount of fees paid to Wellzy by such person for or in connection with the Services in the twelve (12) month period preceding this applicable claim.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Wellzy has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from facilities in India, UK, and the USA. You understand and agree that, while Services meet all applicable laws in India, the Service may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, UK, or India. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.
Governing Law and Dispute Resolution
The App is controlled by Wellzy from its offices in India, the United Kingdom, and the United States. You agree that: (i) Access to, or use of, the App and Services and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which You are accessing the App and Service. We make no representation that the information contained herein is appropriate or available for use in other locations; (ii) The Courts in Bangalore, Karnataka shall have the exclusive jurisdiction in respect of any matter, claim, or dispute arising out of or in any way relating to this Agreement between the Parties. This Agreement shall be governed by the internal substantive laws of India, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located in Bengaluru, Karnataka for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of Our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Wellzy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
Wellzy may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on Our website, as determined by Wellzy in Our sole discretion. Wellzy reserves the right to determine the form and means of providing notifications to Our Users, provided that You may opt out of certain means of notification as described in this Agreement. Wellzy is not responsible for any automatic filtering You or Your network provider may apply to email notifications we send to the email address you provide us. Wellzy may, in its sole discretion, modify or update this Agreement from time to time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page. Your continued use of the Service after any such change constitutes Your acceptance of the new terms. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
Entire Agreement/Severability.
This Agreement, together with any amendments, policies, and any additional agreements You may enter into with Wellzy in connection with the Service, shall constitute the entire agreement between You and Wellzy concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such a provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Wellzy's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Who can You contact for additional questions, comments or concerns?
If You have any questions, comments, or concerns about this Agreement or practices, please contact us at wellzycare@gmail.com or by writing to: