Terms of Use

 These Terms of Use were last updated on September 16 2016

Welltory Terms of Use

1. The Service and Terms

Welltory Inc. (“Welltory”) provides a website and mobile application providing tools and resources through which users can analyze how their habits impact their health and their emotional and physical condition, both independently and through the use of Welltory’s specialists (referred to hereafter as “the Service”). These Terms of Use (“Terms”) are a legal agreement between you and Welltory and govern your use of the Service either as a visitor or as a registered user. Use of and access to the Service is subject to your compliance with these Terms, so please read them carefully before using the Service. Welltory reserves the right to limit or terminate your access to the Service or terminate or suspend your registration for failure to comply with these Terms and any other policies posted on the Service, or for any reason at any time.

Prices for Welltory subscriptions are available on . Payment for Welltory services is made by transferring funds from the user’s account to Welltory Inc. via StripeGoogle Play and Apple In-App Purchase system. The subscription is renewed automatically unless it’s been terminated via the Welltory support service through the app’s chat window. An attempt to write off funds takes place 12 hours before the end of the paid period and continues until the period has expired. If the attempts fail, the subscription is not renewed.The minimum subscription period is one calendar month.

BY ACCESSING AND USING THE SERVICE IN ANY WAY, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE THE SERVICE IN ANY MANNER. WELLTORY RESERVES THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES.

 

2. Medical Services Disclaimer

Welltory encourages you to consult with your healthcare provider before using the Service. You represent that you are in good enough health to begin using the Service, which may include changes to your diet or level of physical activity, among other things. If you have been diagnosed with a health condition that may be impacted by the Service, you represent that you have obtained the express approval from a health care professional to use the Service. The Service requires your active engagement and participation. You understand that, despite your efforts, individual users’ results will vary for a variety of reasons and Welltory cannot guarantee that you will achieve your health goals.

THE SERVICE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE BY WELLTORY OR ANY THIRD PARTY. WELLTORY IS NOT A LICENSED MEDICAL CARE PROVIDER, AND OUR SPECIALISTS ARE NOT ACTING IN A HEALTH CARE PROFESSIONAL CAPACITY. OUR SPECIALISTS DO NOT PROVIDE ANY MEDICAL OR CLINICAL SERVICES, AND DO NOT DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, DISEASE OR CONDITION. WELLTORY AND OUR SPECIALISTS DO NOT HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR PSYCHOLOGICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICE OR FROM ONE OF OUR SPECIALISTS. CONSULTATION WITH OUR SPECIALISTS IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR SPECIALISTS IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE OR TREATMENT SHOULD BE DIRECTED TO YOU HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE SERVICE. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. THE SERVICE DOES NOT INCLUDE EMERGENCY, TIME SENSITIVE OR URGENT, REMOTE OR CRITICAL CARE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

 

3. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post or transmit on the Service. Welltory does not control, and is not responsible for Content made available through the Service. By using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and Content available through the Service may contain links to other websites. Welltory makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk and we recommend that you do so carefully. Welltory will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. Welltory does not pre-screen or approve Content, but it has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of these Terms or for any other reason.

 

4. Copyrights and Trademarks

Content displayed on or through the Service is protected by applicable copyright laws and international conventions. Welltory.com and Welltory’s logo, icons and marks identifying Welltory products and services are trademarks of Welltory and may not be used without the written consent of Welltory. You may not copy, reproduce, distribute, or create derivative works of the Service without Welltory’s expressed written authorization. You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Service. Welltory respects the intellectual property of others and we require that our users do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.

 

5. Fees

By using the Service, you agree to pay any fees (including prepaid fees for multiple periods or recurring monthly fees) applicable to the subscription type you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Service, including third party internet or mobile service provider fees, may also apply.

The subscription is auto-renewable which means that once purchased it will be auto-renewed every month until you cancel it 24 hours prior to the end of the current period. Duration of the subscription is one month with a charge of subscription price every month. You can manage your Subscription and Auto-Renewal by going to your Account Settings.

 

6. Privacy and Information Disclosure

Please review our Privacy Policy. Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy.

 

7. Newsletters or other electronic communications

By registering with Welltory.com, the user agrees to receive advertisements and informational emails to the e-mail address they used to register.

If the user wishes to stop receiving informational emails from Welltory.com, they must use the “Unsubscribe” link, which is present in every email sent by the Company from the email addresses @еmail.welltory.com and @news.welltory.com.

The user can also unsubscribe by sending an email with the subject “Unsubscribe” to [email protected].

 

8. Conduct

You agree not to post, transmit, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that impersonates any person or entity, including, but not limited to, a Welltory employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person’s explicit consent
  • that is false, deceptive, misleading, deceitful, or misinformative;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisements;
  • that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Service that are not designated for such purposes; or (2) emailed to Welltory users who have requested not to be contacted about other services, products or commercial interests;
  • that includes links to commercial services or web sites;
  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by any U.S. state or federal law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

 

9. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Welltory email addresses or through Welltory computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in the United States of America. Any unauthorized use of Welltory computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

10. Limitations on Service

You acknowledge that Welltory may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Welltory has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Welltory reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Welltory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

11. Termination of Service

You agree that Welltory in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Welltory believes that you have violated these Terms. Further, you agree that Welltory shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

 

12. Dealings with Organizations and Individuals

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Welltory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Welltory is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Welltory, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

 

13. Disclaimer of Warranties

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WELLTORY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WELLTORY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WELLTORY WEBSITE OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS THEREON. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

14. Limitations of Liability

IN NO EVENT SHALL WELLTORY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, FROM YOUR INTERACTIONS WITH OR ADVICE GIVEN BY SPECIALISTS THROUGH THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE (EVEN IF WELLTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WELLTORY WEBSITE OR THE SERVICE OR ANY LINKS THEREON, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE WELLTORY WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

THE MAXIMUM LIABILITY OF WELLTORY AND ITS AFFILIATES AND ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WELLTORY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

 

15. Indemnity

You agree to indemnify and hold Welltory, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, licensors, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of any other person.T TO THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

 

16. General Information

These Terms and the relationship between you and Welltory shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The failure of Welltory to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

17. Violations of Terms

Please report any known violations of these Terms to [email protected].

 

Pin It on Pinterest