Welltory Care Terms of Service

Last updated: November 9, 2026

These Welltory Care Terms of Service (the “Terms”, “Care Terms”) are an agreement between you (“Member”, “you”) and Welltory Inc. (“Welltory”, “we”, “us”, “our”), the provider identified in Welltory’s Terms of Use (the “App Terms”).

Please carefully read the following Terms. By using, accessing, or enrolling in Welltory Care, you agree to be bound by these Terms and the App Terms. If you do not agree, you may not use Welltory Care.

These Terms supplement the App Terms for Welltory Care and incorporate the Community Guidelines by reference. Their respective scope and order of precedence are set out in the Document Hierarchy clause in Part XIII.

Definitions

“Welltory Care” / “Care”	The service and paid plan presented to you at purchase.
“Care Program”	A particular program within Care, organized around a condition, set of symptoms or shared wellness experiences.
“App” / “Welltory Service”	Welltory mobile and web application available on iOS, Android, and via www.welltory.com, including all features, health tracking tools, algorithms, insights and content made available through it.
“Community”	The selected Care Program’s moderated peer-support and educational online community, operated by Welltory and hosted on the relevant Platform.
“Community Services”	The services provided through the Community, described under Scope of Welltory Care below.
“Member” / “you”	An individual enrolled in Care.
“Medical Expert” / “Group Health Educator”	A qualified medical, health or scientific professional (which may include a researcher, licensed clinician, or public health professional holding a doctoral-level degree in a relevant scientific discipline) engaged by Welltory as an independent contractor to provide group-level educational content within Care. We identify relevant credentials where the expert is presented; the title does not mean every expert is a physician. Medical Expert or Group Health Educator is NOT your treating physician or personal healthcare provider and does not provide individualized medical advice, diagnosis, or treatment.
“User Content”	Content you submit to Community spaces or educational activities, including posts, comments, questions and files.
“Subscription”	Your paid plan for the selected Care Program.
“Community Guidelines”	The separate conduct and moderation document incorporated into these Terms by reference, available at https://welltory.com/community-guidelines/.
“Platform”	The third-party platform hosting the selected Care Program’s Community, such as Discord.
“Welltory”	Welltory Inc., a Delaware corporation with its principal place of business at 541 Jefferson Avenue, Suite 100, Redwood City, CA 94063, USA

Scope of Welltory Care

Welltory Care is a separate paid Welltory service organized into programs for people living with particular long-term conditions or shared symptoms. Your Subscription covers only the selected Care Program and its included services, as described below and in your purchase offer. Program-specific technical requirements apply as disclosed before purchase.

• Personal strategy. Support for developing a personal wellness and pacing strategy for day-to-day living with the relevant condition or symptoms, using your own data and group-level educational guidance. This does not include individual medical assessment, diagnosis or treatment.
• Community and Community Services. Access to your selected Care Program’s moderated peer-support and educational community of people with similar symptoms and experiences, including discussion channels, groups or cohorts, educational content and group Q&A sessions, AI-assisted moderation and facilitation, Member assessment, matching, and cohort placement where offered, and membership administration and support (“Community Services”). Community is one component of Care, rather than the name of the whole service.
• Medical Expert guidance. Group-level educational support from medical, health or scientific professionals with expertise relevant to the selected Care Program. Depending on the program, experts may include physicians specializing in migraine and researchers with expertise in systems biology of chronic inflammation, functional medicine or other relevant fields. They answer the group’s educational questions and explain published evidence and relevant body processes in plain language, within the role described in Part V. They do not provide medical care.

Welltory may introduce, modify, or discontinue additional Community features of Care from time to time,; any such features are provided subject to these Terms, and their introduction or discontinuation does not change the Subscription fee or constitute a modification of these Terms. Changes affecting purchased access remain subject to Parts III, XI and XIII. Such changes do not by themselves change the Subscription fee and applicable law. Subscription fees cover the availability of your purchased Care Program and its included features during the applicable paid period. Except as expressly stated in your offer, they do not guarantee any particular volume, frequency or outcome of an individual Community activity.

Community Services are offered and described as general wellness, peer-support, and educational services. They are not a medical device, digital therapeutic, clinical program, research study, or substitute for professional medical care, and are not subject to FDA clearance or approval.

Welltory does not claim that Community Services diagnose, treat, cure, mitigate, or prevent any disease or condition. All health-related content within the Community uses educational and general wellness framing only — such as "may help support" or "may help people living with" — and does not constitute clinical advice, treatment recommendations, or disease-specific diagnostic claims. Where factual or scientific health statements are made, they are supported by peer-reviewed publications, systematic reviews, or established guidance from recognized professional or governmental bodies.

To enroll in Care, you must:

• Have a registered Welltory account and satisfy the selected Care Program’s enrollment criteria;
• Have an accepted payment method;
• Complete the required introductory onboarding;
• Accept these Terms and Community Guidelines;
• Review the Welltory Care Privacy Addendum (the “Care Addendum”) and provide the explicit health data processing consent necessary to provide Care, including Community participation.

Current new enrollments are available in the United States, in English. The program page identifies any further criteria. A confirmed medical diagnosis is not required where the program accepts self-reported challenges or wellness experiences.

Subscription Plans and Fees

Access to paid Care features requires an active Subscription for the selected Care Program. Pricing, term, billing frequency, included features, opening date if applicable and renewal terms are disclosed before purchase. A separate App Subscription is not automatically cancelled, converted, credited or replaced by a Care purchase; any upgrade, credit or replacement arrangement must be expressly disclosed in your offer. Premium subscriptions and App features access are governed by the App Terms.

Existing Community Subscriptions. If your Community Subscription continues as Care, the name change alone does not restart your paid period or first-purchase guarantee, or change your agreed renewal date or price. Changes to included services remain subject to Parts III, XI and XIII. Additional health data processing requires the applicable notice and consent.

Initial Payment and Start of the Paid Period

Your initial payment is collected at purchase and prepays the first paid period for the selected Care Program. Payment alone does not start that period. For all Care Programs, your “Invitation Date” is the calendar date on which, after required onboarding and the applicable consent steps are complete and the selected program has opened and access is available, we first send a valid invitation enabling access to the program’s Community to the email address associated with your Subscription. Your “Care Access Date” is the Invitation Date. This is the date you are enabled to join, rather than the date you later open the invitation or first post. Choosing not to participate in Community activities does not move this date.

For a reservation purchased before a Care Program opens, the “Opening Date” is the opening date disclosed at purchase. Your Invitation Date and Care Access Date cannot precede the Opening Date and are established only when the requirements above are met. A reservation confirmation or an advance invitation that does not enable usable access to the opened program is not a valid Community invitation.

Your “Billing Start Date” is the next calendar day after the Invitation Date. Your first paid period starts on the Billing Start Date and lasts for the full Subscription term disclosed at purchase. It does not run before the selected program opens. If opening or access is delayed, we do not deduct the delay from your paid term. Opening an invitation or beginning to use a particular feature later, or receiving a reminder or resend, does not restart the paid period or renewal schedule.

Auto-Renewal

Subscriptions automatically renew for successive periods of the duration disclosed at purchase unless cancelled before the applicable renewal date. The first renewal is due when the full first paid period, calculated from the Billing Start Date, ends. Later renewals follow the same interval, anchored to the Billing Start Date, rather than the initial payment date. For calendar-based plans, a renewal month without the corresponding day uses its last day.

Each automatic renewal is at the same Care Subscription price you paid when joining, for as long as that Subscription remains continuously active. We do not substitute a higher standard or then-current renewal price merely because a promotion ends. A failed payment resolved within the 14-day grace period below does not by itself end that price protection. If you cancel, switch to a different offer or your Subscription otherwise ends, a later purchase is subject to the price and terms then offered. Any price change for an existing Subscription requires your express agreement to the different price, except changes required by law, such as applicable taxes. We send renewal reminders where required by law by reference to your scheduled renewal date.

Failed Payments

If a renewal payment fails, you retain access to Care and any Premium access provided under your Care offer for 14 calendar days after the first failed payment attempt for that renewal (the “grace period”). A retry does not restart the grace period or the 21-day retry period below. We notify you of the payment issue and how to update your billing details. If the renewal remains unpaid at the end of the grace period, that Care and Premium access is suspended. Stripe continues attempts to collect the unpaid renewal for up to 21 calendar days after the first failed attempt. If payment has not been successfully collected by the end of that 21-day period, the Care Subscription is automatically cancelled and future renewals stop.

If payment is successfully collected within that 21-day period, your Care and related Premium access continues during the grace period, or we restore it if it was suspended after the grace period. The payment covers the renewal period beginning on the original scheduled renewal date; the grace and retry periods do not extend that term or move later renewal dates. Payment within this period preserves the same-price renewal commitment. It does not create a new refund window for a renewal or limit your right to cancel future renewals.

Cancellation

You may cancel at any time, including before the Care Access Date or a program’s Opening Date, at Manage or cancel your subscription or by emailing [email protected]. Cancellation stops future renewals. Unless a refund is issued or access ends earlier under these Terms, paid access continues through the current paid period. When that access ends, you lose access to the program’s Community, including the messages and other content available through it; this is distinct from deletion of the underlying data.

Leaving the Community Platform or a Community group, uninstalling an app or not using Care does not by itself cancel the Subscription. Privacy choices and their effects are described in Part VIII and the Care Addendum.

Refund Policy

First purchase guarantee. For your first purchase of this plan, including a purchase previously described as a Community Subscription, you are entitled to a full refund, no questions asked, if you cancel or request a refund at any time from payment through the end of the 14th calendar day after the Invitation Date. The Invitation Date is not counted as day one. A reservation confirmation or an invitation that does not enable usable access to the opened program does not establish the Invitation Date or start the 14-day period. The guarantee is available once and does not restart on renewal, re-enrollment, a program change or a change of the service’s name.

Before program access starts. You may cancel your enrollment and request a full refund at any time before your Care Access Date, including during a pre-opening reservation, by contacting [email protected]. Your enrollment remains pending while the required onboarding and consent steps are incomplete. This pre-access refund right also applies if you do not complete onboarding or decline or withdraw consent necessary to activate Care. If Welltory cancels the purchased program or cannot make it available as offered, we will cancel your enrollment and issue a full refund. The passage of 14 days from payment or an advance invitation does not limit this pre-access refund right.

Withdrawal of required Care consent. If you withdraw consent to health data processing necessary to provide Care, including Community participation, your Care Subscription ends under Part VIII and we stop future renewals. Before your Care Access Date, or within the first-purchase guarantee, your first payment is refunded in full. After that period, no voluntary refund is provided solely because of that withdrawal, except as required by law. Withdrawal limited to an optional program has the more limited effects described in Part VIII.

Renewals, failed payments and termination for cause. No voluntary refund is provided for a renewal period already billed or termination for a Terms or Community Guidelines violation, subject to the first-purchase guarantee and applicable law. The Grace period, payment retries and restoration of access under Failed Payments above do not extend or restart the first-purchase guarantee or create a separate refund window for a renewal. Suspension or cancellation for an unpaid renewal does not by itself trigger the voluntary refund remedy for termination without Member fault below; mandatory refund rights remain unaffected.

Termination or material reduction without Member fault. If, without Member fault, Welltory terminates your Care Subscription or your access to the selected Care Program or its Community, or discontinues or materially reduces Care or a material component of the paid bundle, the following refund rules apply if materially similar purchased services are not provided for the remainder of your current paid period. We will refund the payment in full if the first paid period has not begun or the first-purchase guarantee in this Part III still applies. Otherwise, we will provide a prorated refund for the unused portion of that paid period, calculated from the effective date of termination, discontinuation or material reduction through its end, except where a different refund treatment is required by applicable law or applicable payment platform rules. Continued availability of App features alone does not eliminate this remedy if Community access ends without a materially similar replacement. Where this paragraph applies, we will also stop future renewals of the affected Care Subscription unless you expressly agree to continue under a revised offer.

Changes to individual features, channels, events, optional programs, platform tools, Community format, cohort structure or educational activities do not by themselves constitute termination or trigger a refund while Welltory continues to provide access to materially similar purchased services.

To cancel under the guarantee, use the cancellation link or email above; refund requests may also be sent to that email. Eligibility depends on when online cancellation is completed or we receive your request, rather than when processing finishes. A full refund ends the Care Subscription and future renewal charges. Mandatory consumer, withdrawal, cancellation, conformity and refund rights remain unaffected, including any stronger rights preserved in the App Terms.

Price Changes

We may change prices and offers for new purchases. For a continuously active Subscription, we honor the same-price renewal commitment above; posting new prices or sending notice does not alone change your agreed renewal price. A change you expressly accept, including a voluntary switch to another offer, follows the disclosed terms of that change. Later re-enrollment is a new purchase at the terms then offered.

Community Guidelines — Incorporated by Reference

The Community Guidelines are incorporated into these Terms and govern conduct in Community spaces and Care educational interactions. They include rules for interacting with Medical Experts, sharing App or AI output, privacy, moderation, reporting, appeals and crisis procedures. They do not regulate your private conversations in an external AI service.

User Content

You are solely responsible for all User Content you submit. By posting User Content, you represent and warrant that:

• You own or have all necessary rights to the content
• The content does not violate any law, third-party intellectual property right, or privacy right
• The content complies with the Community Guidelines
• You have the consent of any identifiable individual depicted in the content

Content License

Ownership and license. You retain ownership of the content you submit to the Community or Care educational activities. The user-content provisions of the App Terms apply, with the following Care-specific scope: you grant Welltory a non-exclusive, worldwide, royalty-free license to use, store, display, reproduce and distribute that content solely to operate, maintain and improve Community Services and the Care educational activities to which you submit it. This license may be sublicensed only to providers acting on our behalf.

Your content after leaving. Leaving the Community or ending your Care Subscription does not automatically delete your published posts, messages, comments, files or other content. That content stays in the Community and remains visible to other Members with access to the relevant spaces. The license above continues after your participation ends, but only for as long as we lawfully retain and use the content for the stated purposes, subject to applicable deletion rights, withdrawal of consent, the Care Addendum and applicable law.

Deletion and removal. You may request deletion by emailing [email protected], including after you leave or lose Community access. We handle deletion requests in accordance with the Care Addendum and applicable law. Content may also be removed under the Community Guidelines or applicable privacy and retention requirements.

Prohibited Conduct — Legal Consequences

The Community Guidelines set out the full list of prohibited content and behaviors. The following prohibited conduct additionally carries specific legal consequences under these Terms:

• Misrepresenting yourself as a licensed healthcare provider
• Sharing another Member’s personal health information outside the Community without their explicit written consent
• Attempting to re-identify de-identified or anonymized group case data
• Using Community content for commercial purposes without Welltory’s prior written consent
• Providing false or misleading information during enrollment, onboarding, Community matching, consent, billing, or safety-related processes
• Using automated bots, scrapers, or other tools to collect data from the Community

Role and Scope

Medical Experts provide evidence-informed educational guidance, educational materials and group discussions or Q&A sessions relevant to the selected Care Program. They explain published evidence, general pacing principles, common experiences of living with the relevant condition or symptoms, and use of Care tools. Questions raised by individual Members may be addressed as general educational topics for the group, rather than as a private consultation or review of that Member’s condition.

Experts do not examine you, undertake individual clinical assessments, interpret your personal results for clinical purposes, diagnose conditions, prescribe or recommend individual treatments or medication changes, set medically safe activity limits, or supervise your medical care. They do not provide private medical consultations or emergency support. A professional’s medical license or other qualification does not change this role. This section controls the description of Medical Experts’ qualifications and educational role within Care; the App Terms’ medical limitations otherwise apply.

No Physician-Patient Relationship

Using Care or communicating with an expert does not create a physician-patient, therapist-client or other clinical relationship with Welltory, the expert or another Member. The name “Welltory Care” does not change the nature of these services. You remain responsible for obtaining individual advice from your own healthcare provider.

Data Access and Communication

In their Care role, Medical Experts do not have access to the Community Platform. Welltory screens Member questions, provides de-identified, aggregated themes to Medical Experts and shares their educational responses with Members. Medical Experts also have no access to your personal health data and review de-identified, aggregated group data only, rather than individual App records, personal pacing records, dashboards, individual reports, support messages or external AI conversations.

Welltory may offer group cases, optional Patient-Reported Outcome (“PRO”) questionnaire series, research opportunities, surveys or other educational activities in Care. Participation is voluntary. Declining or withdrawing from these programs does not affect your Care Subscription or ordinary Care access. A feature may need particular input to work, but this does not make optional research or group-case participation a condition of the plan.

Some optional programs may require separate affirmative consent, additional disclosures, or separate terms before you can participate. The more specific document governs the participation details of that optional program, subject to these Terms and mandatory law. It does not reduce your ordinary Care access, cancellation, refund or privacy rights.

Optional programs are not medical services, clinical evaluations, diagnosis, treatment, or individualized medical advice. They do not create a physician-patient relationship or any other clinical relationship between you and Welltory, any Medical Expert, any researcher, any moderator, or any other Community participant.

1. Group Case Program

A group case is an educational analysis of patterns among Members who separately agree to a particular case. Before participation, the notice or consent specifies the topic, data, intended use, applicable group-size threshold, de-identification approach and permitted audiences. Individual App records are not shown to other Members. Medical Experts receive only de-identified, aggregated group-level case material. These reports are educational outputs, rather than clinical reports or individual medical recommendations.

2. Patient-Reported Outcome Questionnaires

Optional series may ask about symptoms, functioning, quality of life, energy, activity tolerance, sleep or related experiences. They support self-reporting, non-clinical personalization, education or group-level insights as explained in the relevant notice. They do not provide diagnosis, clinical assessment or individual medical advice. Routine App use does not enroll you in a separately offered PRO, group-case or research program; such participation is subject to this Part VI and the Care Addendum.

3. Research Participation

Formal research, scientific or academic publications and preprint submissions involving Care-derived datasets follow a separate research participation process. We obtain separate research consent before including personal data or de-identified individual-level contributions. Where IRB oversight is required or used, an IRB-compliant informed consent is provided. The study materials describe purposes, data, risks, benefits, publication, any compensation and withdrawal. Research participation does not itself convert Care into clinical care or create a treatment relationship.

4. Withdrawal and Changes to Optional Programs

Withdrawal applies prospectively as described in the applicable consent and law. Contributions that can no longer be identified or recovered from finalized, genuinely anonymized reports may not be removable. Identifiable or merely pseudonymized data remain subject to applicable rights. Specific program terms control that program only and cannot authorize unrelated processing. We may modify, pause or discontinue optional programs without ending ordinary Care access, subject to your offer and mandatory rights.

The Platform used for a Care Program is identified in its enrollment information. Programs hosted on or integrated with Discord are also subject to Discord’s own Terms of Service and Privacy Policy for its services. A different Community platform does not by itself make your private App data visible in Community channels.

Use a pseudonym where possible and follow the Community Guidelines’ posting restrictions. Platform storage, deletion and the limits of confidentiality are explained in the Care Addendum. We may migrate the Community to another platform with at least 30 days’ advance notice, subject to any additional legal requirements.

The Privacy Policy and Care Addendum govern personal data processing. The Addendum addresses Care-specific onboarding, personal strategy support, Community participation, educational interactions and optional programs. Ordinary App data processing remains governed by the corresponding provisions of the main Privacy Policy.

Your Care health data consent covers the processing necessary to provide Care, including Community participation. If you withdraw that consent, we stop processing based on it and end access to Care, including its Community, and the Care Subscription. Future renewals stop, and cancellation and refunds are governed by Part III. Declining or withdrawing consent to group cases, optional PRO series or research affects only the relevant program.

Leaving an optional program does not by itself cancel your Care Subscription or change its disclosed price; you may cancel at any time under Part III, and mandatory refund rights remain unaffected. Cancelling renewal does not by itself withdraw consent or request deletion. Withdrawal of Care health data consent does not by itself delete your App account or withdraw consent to independently provided App features. Withdrawal of consent for the core Welltory Service has the effects stated in the main Privacy Policy.

Care, including personal strategy support, expert educational activities and Community moderation, is not continuously monitored for your safety and is not an emergency or crisis service. Do not wait for an App message, AI response, expert answer or moderator intervention if you need urgent help.

If you or someone else is in immediate danger, contact your local emergency number immediately. In the United States, call 911 for emergencies and call or text 988 for the Suicide & Crisis Lifeline. If you are outside the United States, contact your local emergency services or crisis hotline. The Community Guidelines contain the full crisis response protocol and additional emergency resource contacts.

Welltory reserves the right to remove, restrict, or modify any User Content, and to warn, suspend, or permanently terminate any Member's access to the Community, for violation of these Terms or the Community Guidelines, without prior notice in cases of severe or immediate violations; for other violations, Welltory typically follows the progressive enforcement framework and the appeals process set out in Community Guidelines.

Enforcement actions may be appealed by contacting [email protected] within 14 days after the decision is communicated to you. Welltory's decision on appeal is final.

Termination by You

You may cancel your Subscription as described in Part III.

Suspension by Welltory

Once the paid period has begun, a suspension for conduct or safety reasons does not pause or extend it. Renewal continues on the disclosed schedule unless you or we cancel the Subscription. Such a suspension does not start a paid period or trigger renewal before the dates in Part III. We may lift it when the underlying cause is resolved. Failed-payment access, retries, restoration and cancellation follow the 14-day grace and 21-day retry rules in Part III.

Termination by Welltory

We may terminate Care or an affected component for a severe or repeated breach; materially false information in enrollment, consent, billing or safety processes; or conduct creating a material legal, safety, privacy, security or operational risk. Withdrawal of consent is handled under Part VIII rather than treated as misconduct. Restrictions directed only at Community participation do not automatically remove access to other Care components; broader Care restrictions may be applied where justified by the violation or risk.

We may also discontinue Care or a component without Member fault for business, legal, regulatory, platform, technical, staffing, operational or other reasons. Material reductions and termination without fault are subject to the refund remedy in Part III. Changes to individual features do not constitute termination if materially similar purchased access remains available.

Effects of Suspension and Termination

When the Care Subscription expires or is terminated, Care-specific entitlements and the selected program’s Community access end, including access to the messages and content within that Community. On termination, we stop future renewal charges. Your Welltory account, Premium subscription and App feature access otherwise remain governed by the App Terms; any Premium access provided under a Care offer follows the failed-payment access rules in Part III. Published Community content remains visible after access ends, subject to Part IV and the Care Addendum. Expiry or termination is not itself a request to delete data, revoke every separate consent or delete copies held by an external service. Data is handled under the Privacy Policy and Care Addendum. Accrued lawful charges and provisions intended to survive, including content rights, liability and dispute resolution, survive to the extent applicable.

Health Disclaimer

WELLTORY CARE IS FOR GENERAL WELLNESS, EDUCATIONAL AND PEER SUPPORT PURPOSES ONLY. WELLTORY IS NOT A MEDICAL PROVIDER, AND CARE’S CONDITION-RELATED DESIGN DOES NOT MAKE IT A CLINICAL SERVICE, DISEASE-MANAGEMENT PROGRAM, DIGITAL THERAPEUTIC OR MEDICAL DIAGNOSTIC TOOL. ALL CARE CONTENT — INCLUDING PERSONAL STRATEGY SUPPORT, CONTENT FROM MEDICAL EXPERTS, AI-GENERATED CONTENT AND USER CONTENT — IS INFORMATIONAL AND DOES NOT CONSTITUTE INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR REPLACE PROFESSIONAL CARE. PERSONAL STRATEGY SUPPORT DOES NOT PRESCRIBE ACTIVITY OR TREATMENT PLANS, ESTABLISH MEDICALLY SAFE ACTIVITY LIMITS, OR PREDICT OR PREVENT DETERIORATION IN YOUR CONDITION. DO NOT MAKE INDIVIDUAL MEDICAL DECISIONS BASED SOLELY ON CARE CONTENT. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL ABOUT YOUR INDIVIDUAL HEALTH SITUATION. IN A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY (911 IN THE UNITED STATES). THE MEDICAL LIMITATIONS IN THE APP TERMS APPLY TO ALL CARE COMPONENTS.

No Warranties

WELLTORY PROVIDES WELLTORY CARE “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELLTORY MAKES NO WARRANTY THAT: (A) CARE OR ANY CARE COMPONENT WILL IMPROVE YOUR HEALTH OUTCOMES; (B) CARE CONTENT IS ACCURATE, COMPLETE OR UP TO DATE; (C) CARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) A MEDICAL EXPERT’S EDUCATIONAL CONTENT IS APPLICABLE TO YOUR INDIVIDUAL HEALTH SITUATION; (E) CARE OR ITS CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (F) A THIRD-PARTY COMMUNITY PLATFORM WILL BE AVAILABLE, ACCESSIBLE OR OPERATE WITHOUT INTERRUPTION AT ANY TIME.

THESE CARE-SPECIFIC DISCLAIMERS SUPPLEMENT THE APP TERMS. NOTHING IN THIS PART EXCLUDES A WARRANTY OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR REDUCES YOUR RIGHTS UNDER PART III.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELLTORY’S TOTAL LIABILITY FOR CLAIMS ARISING FROM WELLTORY CARE SHALL NOT EXCEED THE TOTAL CARE SUBSCRIPTION FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM. THIS CARE-SPECIFIC CAP REPLACES ANY INCONSISTENT GENERAL MONETARY CAP IN THE APP TERMS FOR SUCH CLAIMS. TO THE SAME EXTENT, WELLTORY SHALL NOT BE LIABLE FOR HEALTH OUTCOMES FROM CARE PARTICIPATION; CONTENT POSTED BY OTHER MEMBERS; AI-GENERATED CONTENT; THIRD-PARTY PLATFORM OR SERVICE DISRUPTIONS; OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. NO EXCLUSION OR CAP APPLIES WHERE PROHIBITED BY APPLICABLE LAW, AND NOTHING IN THIS PART LIMITS YOUR MANDATORY CONSUMER RIGHTS OR THE CANCELLATION AND REFUND REMEDIES IN PART III.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Welltory and its officers, directors, employees and contractors from any claims, liabilities, damages and expenses (including reasonable attorneys’ fees) arising from: (a) your User Content; (b) your breach of these Care Terms or the Community Guidelines where applicable; (c) your misrepresentation of identity or qualifications; or (d) your violation of any applicable law. This provision remains subject to any mandatory consumer protections under applicable law.

Availability of Welltory Care

Welltory Care may not be available for every health profile, Care Program, cohort, platform, language, jurisdiction or enrollment path at all times. Welltory may limit, modify, pause or discontinue availability of Care, specific Care Programs, Communities, cohorts, features or enrollment paths where required by applicable law, safety considerations, operational capacity, platform limitations or product design. Changes to purchased Care access remain subject to Parts III and XI and the changes provisions in this Part XIII. Such changes do not by themselves delete your Welltory account; App access remains governed by the App Terms .

The program page and purchase offer identify the included features, supported profiles, device or data requirements, available capacity and any opening date. Not every program includes the same report or expert activity. Access to one program does not grant access to another program’s Community; currently, a Member may enroll in only one Care Program at a time. Optional activities do not guarantee a particular participation volume, educational output or health outcome. Material changes to purchased access remain subject to Parts III, XI and XIII and applicable law.

Governing Law

These Care Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. The mandatory consumer protections and non-waivable choice-of-law rights preserved in the App Terms remain applicable.

Dispute Resolution and Arbitration

The following Care-specific dispute provisions replace inconsistent general forum provisions only for disputes arising out of these Terms or Care. They apply only to the extent permitted by applicable law and do not remove a consumer’s non-waivable right to use a competent court or mandatory local law.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL, TO THE EXTENT LEGALLY PERMITTED.

Informal Resolution First. Before initiating arbitration, the party seeking to resolve a dispute must send written notice to the other party describing the claim and the relief sought. If the dispute is not resolved within 30 days of such notice, either party may initiate arbitration. Notices to Welltory must be sent to: [email protected] and Welltory Inc., 541 Jefferson Avenue, Suite 100, Redwood City, CA 94063, USA.

Binding Arbitration. Except as provided below, any dispute, claim or controversy between you and Welltory arising out of or relating to these Terms or Welltory Care that is not resolved informally shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (available at www.adr.org), as modified by these Terms to the extent permitted by applicable law and the applicable AAA rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration shall be conducted in English and seated in Wilmington, Delaware, subject to mandatory law and applicable consumer arbitration rules. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Arbitrator’s Authority. The arbitrator shall have the same authority to award relief on an individual basis as a court would, including injunctive and declaratory relief and statutory damages. The arbitrator must follow these Terms as a court would.

Fees. Filing, administration, hearing and arbitrator compensation fees will be allocated in accordance with the applicable AAA Consumer Arbitration Fee Schedule (available at www.adr.org), subject to applicable law and the applicable AAA rules. The arbitrator may award fees and costs to Welltory only as required by applicable law or upon a determination that a claim was filed for purposes of harassment or is patently frivolous, to the extent permitted by the applicable AAA rules.

Small Claims. Either party may bring an individual claim in small claims court in lieu of arbitration, if the claim qualifies and remains in small claims court.

NO CLASS ACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WELLTORY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM MUST BE LITIGATED IN COURT AND NOT IN ARBITRATION, BUT THE REMAINDER OF THIS ARBITRATION AGREEMENT SHALL REMAIN IN EFFECT.

JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WELLTORY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY CLAIM THAT FALLS OUTSIDE THE SCOPE OF THIS ARBITRATION AGREEMENT OR FOR WHICH ARBITRATION IS FOUND UNENFORCEABLE.

Exceptions. Notwithstanding the above, either party may seek emergency injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims relating to infringement or misappropriation of intellectual property rights may be brought in court.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms. If you validly opt out, disputes shall be resolved in the state or federal courts located in Delaware, subject to any non-waivable consumer venue rights under applicable law.

If Welltory materially modifies this arbitration agreement, you will have 30 days from the date of notice of such modification to opt out of the modified arbitration agreement by sending written notice as described above.

TIME LIMIT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR WELLTORY CARE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. CLAIMS NOT BROUGHT WITHIN THIS PERIOD ARE BARRED. THIS LIMIT DOES NOT APPLY WHERE APPLICABLE LAW DOES NOT PERMIT IT AND DOES NOT SHORTEN ANY NON-WAIVABLE STATUTORY PERIOD.

Confidentiality. All arbitration proceedings, submissions, discovery and awards shall be kept confidential by both parties, except: (a) as required by applicable law or court order; (b) to the extent necessary to enforce an arbitration award in court; or (c) with the prior written consent of both parties. Neither party may disclose the existence, content or outcome of an arbitration to a third party without the other party’s written consent, subject to those exceptions. Nothing in this paragraph restricts lawful reports to regulators or other legally protected disclosures.

Mass Arbitration. If 25 or more substantially similar arbitration demands are filed against Welltory within any 180-day period (“Mass Filing”), Welltory and the Member agree, to the extent permitted by applicable law and accepted by AAA under its applicable rules, that such demands shall be arbitrated in sequential batches of no more than 50 per batch, with the parties requesting that AAA administer the proceedings accordingly. The first batch shall be designated as bellwether cases and fully arbitrated to conclusion before the next batch proceeds. The outcome of the bellwether cases shall be made available to the parties, subject to applicable confidentiality protections, to facilitate resolution of the remaining demands.

To the extent permitted by applicable law and AAA’s applicable rules, fee schedule or directions, Welltory’s obligation to pay fees for non-bellwether demands may be deferred until their designated batch commences. This does not excuse any fee that applicable law or AAA requires to be paid earlier. A demand awaiting its designated batch shall proceed when that batch commences, subject to AAA’s administration requirements. A timely filed demand is not treated as untimely merely because it awaits administration under an accepted batching procedure. This procedure does not limit any individual claimant’s substantive or non-waivable rights. If a part of this procedure is not permitted by law or accepted by AAA, applicable law and the applicable AAA rules govern.

Changes to These Welltory Care Terms

Welltory reserves the right to amend or otherwise modify these Terms from time to time, subject to applicable law and the commitments in Part III. In such cases, Welltory will inform Members of the changes by posting updated Terms through Care, the App or the Community and, where reasonably practicable, by email.

Such changes apply prospectively from the date communicated to the Member. The applicable previous version governs the relationship before the updated Terms validly take effect. The date of each update is indicated at the top of these Terms.

Continued use of Care after the notified effective date constitutes acceptance of the updated Terms only where legally permitted. Where applicable law requires express consent, Welltory will obtain that consent. If you do not agree to the changes, you must stop using Care and may cancel your Subscription in accordance with Part III. Acceptance of updated Terms does not itself constitute consent to health data processing.

Changes affecting Subscription price, renewal terms, cancellation rights, refund rights or materially reducing paid Care access will be communicated in advance, with any notice or consent required by applicable law. If you do not agree to a material change, you may cancel before the change takes effect; the remedies in Part III and your mandatory rights remain available.

Any change to an active Subscription’s price remains subject to the same-price renewal commitment and consent requirements in Part III. Posting updated Terms does not by itself change the agreed renewal price.

Document Hierarchy

These Terms, the App Terms, the Community Guidelines, the Care Addendum, Welltory’s Privacy Policy and the offer accepted at purchase together form the complete agreement between you and Welltory for Care. Your accepted offer specifies the Care Program, included features, price and term, subject to the cancellation, refund and privacy rights preserved in these Terms. In the event of conflict with the App Terms, these Terms prevail for Care, including Care subscriptions, Care feature entitlements, the educational role of Medical Experts and Care-specific disputes. The Community Guidelines prevail on purely behavioral matters and Community moderation procedures only; they do not override the contractual rights and remedies in these Terms. The Privacy Policy and Care Addendum govern data processing; the Addendum prevails only for the Care-specific processing it addresses. The App Terms govern Premium subscriptions and App features, subject to the failed-payment access rules in Part III for Premium provided under a Care offer; the main Privacy Policy governs their ordinary data processing. Separate program terms or consents apply only to the relevant optional program and cannot authorize unrelated processing or override rights under these Terms unless applicable law requires otherwise. Mandatory law prevails over all documents, and acceptance of terms is not a substitute for required consent.

Children’s Privacy

Welltory Care is intended only for individuals aged 18 or older and is subject to the additional eligibility criteria in Part II. Welltory does not knowingly allow individuals under 18 to enroll in Care. Welltory does not knowingly collect personal information from anyone under 13. If you believe a child or minor has provided personal information in connection with Care, please contact us at [email protected] and we will take appropriate steps.

Health Claims in Marketing

Welltory is committed to making only truthful, non-misleading and appropriately substantiated health claims in marketing for Welltory Care, including personal strategy support, Community Services, Medical Expert educational guidance, consistent with applicable consumer protection law and the FTC’s Health Products Compliance Guidance. Descriptions of Care remain subject to the general wellness and educational scope in Parts I and V and the Health Disclaimer in Part XII.

Welltory will disclose material connections where required in endorsements, testimonials and promotional publications based on Care data, in accordance with the FTC Endorsement Guides (16 CFR Part 255) and applicable consumer protection law.

Severability

If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed. Remaining provisions continue in full force.

Other general provisions, including assignment, intellectual property and no waiver, remain governed by the App Terms except as expressly provided in these Care Terms.

Contact

If you have any questions, concerns or complaints about these Welltory Care Terms of Service, or suggestions about any aspect of participation in Care or a Care Program, please contact us at [email protected].