Terms of Service

By creating an account, downloading, installing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must be at least 18 years of age to use the Services. If you are between 13 and 18 years of age, you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet these eligibility requirements.

The Services are not intended for children under 13 years of age. We do not knowingly collect information from children under 13.

THE SERVICES ARE FOR INFORMATIONAL AND WELLNESS PURPOSES ONLY. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Important Disclaimers:

Not a Medical Device: The Services are not a medical device and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

‍Not a Substitute for Professional Care: The information provided by the Services is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

‍No Doctor-Patient Relationship: Use of the Services does not create a doctor-patient relationship between you and Wellobit or any healthcare provider.

‍Emergency Situations: Never use the Services in emergency situations. If you think you have a medical emergency, call your doctor or emergency services immediately.

‍Do Not Disregard Medical Advice: Never disregard professional medical advice or delay seeking it because of something you have read or seen in the Services.

‍Accuracy Not Guaranteed: While we strive for accuracy, we do not warrant that any health-related information, data, or insights provided through the Services are accurate, complete, or current.

YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK AND THAT WELLOBIT SHALL NOT BE LIABLE FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED BY THE SERVICES.

4.1 Limited License

Subject to your compliance with these Terms, Wellobit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use only.

4.2 Restrictions

- Use the Services for any commercial purpose without our prior written consent;
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services;
- Remove any copyright, trademark, or other proprietary notices from the Services;
- Use any robot, spider, scraper, or other automated means to access the Services;
- Interfere with or disrupt the Services or servers or networks connected to the Services;
- Violate any applicable laws or regulations;
- Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
- Use the Services in any manner that could damage, disable, overburden, or impair the Services.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

- Provide accurate, current, and complete information during registration;
- Maintain and promptly update your account information;
- Immediately notify us of any unauthorized use of your account;
- Be responsible for all use of your account, whether or not authorized by you.

We reserve the right to suspend or terminate your account if we suspect any fraudulent, abusive, or illegal activity.

Privacy-First Architecture:

Local Storage: All health data imported from Apple Health and other third-party sources is stored locally on your device. We do not transmit, store, or have access to your health data on our servers.

Your Responsibility: You are responsible for maintaining the security of your device and any health data stored on it.

Device Loss or Theft: If your device is lost or stolen, your health data may be accessible to others. We recommend using device-level security features such as passcodes and biometric authentication.

For more information about how we handle your data, please review our Privacy Policy.

The Services may integrate with or provide access to third-party services, including Apple Health and other health and wellness platforms ("Third-Party Services"). Your use of Third-Party Services is governed by their respective terms and privacy policies, not these Terms.

We do not control, endorse, or assume responsibility for any Third-Party Services. You access and use Third-Party Services at your own risk.

ANY DISPUTES BETWEEN YOU AND A THIRD-PARTY SERVICE PROVIDER ARE SOLELY BETWEEN YOU AND THAT PROVIDER.

8.1 Free and Paid Features

‍The Services may offer both free and paid features. Paid features require a subscription, which may be billed on a monthly, annual, or other basis as specified at the time of purchase.

8.2 Payment Processing
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All payments are processed through the Apple App Store or other third-party payment processors. Your payment relationship is with Apple or the applicable payment processor, not with Wellobit. We do not store or have access to your payment information.

8.3 Automatic Renewal
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Subscriptions automatically renew unless you cancel before the end of the current billing period. You will be charged the then-current subscription rate upon renewal.

8.4 Cancellation
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‍You may cancel your subscription at any time through your App Store account settings or as otherwise specified. Cancellation will take effect at the end of the current billing period.

8.5 Refunds
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‍All sales are final. Refunds, if any, are subject to the App Store's refund policy or the applicable payment processor's terms. We do not provide direct refunds.

8.6 Price Changes
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‍We reserve the right to change our pricing at any time. Price changes will apply to new subscriptions immediately and to renewing subscriptions upon renewal. We will provide reasonable notice of price increases.

The Services, including all content, features, functionality, software, code, designs, graphics, text, and other materials, are owned by Wellobit or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You acknowledge that you do not acquire any ownership rights by using the Services. All rights not expressly granted to you in these Terms are reserved by Wellobit.

"Wellobit" and all related logos, trademarks, and service marks are the property of Wellobit. You may not use these marks without our prior written consent.

If you provide us with any feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to you.

Any content you create within the Services (such as journal entries or notes) remains stored locally on your device and is not transmitted to our servers. You retain all rights to such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL WELLOBIT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

- Your access to, use of, or inability to access or use the Services;
- Any conduct or content of any third party on or through the Services;
- Any health-related decisions you make based on information from the Services;
- Any errors, omissions, or inaccuracies in the Services or content;
- Unauthorized access to or alteration of your transmissions or data;
- Whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Wellobit has been advised of the possibility of such damages.

THE TOTAL LIABILITY OF WELLOBIT FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO WELLOBIT FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Warranties that the Services will be uninterrupted, error-free, or secure;
- Warranties regarding the accuracy, reliability, or completeness of any content or information provided through the Services;
- Warranties that any defects will be corrected.

Wellobit makes no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the Services for any purpose.

Your use of the Services is at your sole risk. You will be solely responsible for any damage to your device or loss of data that results from using the Services.

You agree to indemnify, defend, and hold harmless Wellobit, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

(a) your use or misuse of the Services;
(b) your violation of these Terms;
(c) your violation of any rights of another party, including any third-party service provider;
(d) your violation of any applicable laws or regulations; or
(e) any health-related decisions you make based on information from the Services.

14.1 Informal Resolution

‍Before initiating any formal dispute resolution process, you agree to first contact us at support@wellobit.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days after submission, you or Wellobit may bring a formal proceeding.

14.2 Binding Arbitration

YOU AND WELLOBIT AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (COLLECTIVELY, "DISPUTES") THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU OR WELLOBIT MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY.

Arbitration shall be conducted by a single arbitrator in accordance with the rules of the ADR Institute of Canada, Inc. The arbitration shall take place in Fredericton, New Brunswick, Canada, or another mutually agreed location, or by videoconference.

The arbitrator's decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

14.3 Class Action Waiver
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YOU AND WELLOBIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and Wellobit agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Exceptions to Arbitration

‍Notwithstanding the foregoing, either party may seek equitable relief in court for infringement or misuse of intellectual property rights

‍14.5 Opt-Out Right

‍You have the right to opt out of binding arbitration within thirty (30) days of first accepting these Terms by sending written notice to support@wellobit.com with the subject line "ARBITRATION OPT-OUT." Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

‍14.6 Governing Law

‍These Terms and any disputes shall be governed by the laws of the Province of New Brunswick, Canada, without regard to its conflict of law provisions. However, this choice of law shall not affect your rights under mandatory consumer protection laws in your jurisdiction of residence.

15.1 Termination by You

‍You may terminate your account at any time by ceasing to use the Services and deleting the application from your device. If you have an active subscription, you must cancel it through your App Store account to avoid future charges.

‍15.2 Termination by Wellobit

‍We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

- Violation of these Terms;
- Fraudulent, harassing, or illegal activity;
- Extended period of inactivity;
- Discontinuation or material modification of the Services.

15.3 Effect of Termination

‍Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Because your health data is stored locally on your device, termination of these Terms does not affect your access to that data.

16.1 Changes to Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

16.2 Changes to Terms

‍We may modify these Terms at any time by posting the revised Terms on our website or within the Services. The revised Terms will be effective immediately upon posting unless we specify a later effective date.Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you must stop using the Services.

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wellobit regarding the Services and supersede all prior agreements and understandings.

17.2 Severability

‍If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

‍17.3 Waiver

‍No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Wellobit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

‍17.4 Assignment

‍You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.

‍17.5 Force Majeure

‍Wellobit shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

‍17.6 Export Control

‍The Services may be subject to export control laws. You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not located in a country subject to a government embargo or designated as a "terrorist supporting" country, and that you are not on any government list of prohibited or restricted parties.

‍17.7 Notice to California Residents

‍Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us at support@wellobit.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

‍17.8 Language

‍These Terms are provided in English. Any translation is provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.

If you have any questions about these Terms, please contact us:

By email: support@wellobit.com

‍By mail:764352 N.B. Inc. (Wellobit)Fredericton, New BrunswickCanada

‍BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM.