Please carefully read this Agreement which sets forth the Terms of Use (“TOU” or “Agreement”) between you and WELLVII, Inc. (“WELLVII” or “we”, “us” or “our” as appropriate in the context) as it, in conjunction with the Privacy Policy that is incorporated herein by reference, controls the interactions between you, a user of our Digital Services, defined as our “Website” at WELLVII.com, Sensor Data as defined herein, and/or our downloadable app which may be available for devices including Apple and/or Android devices, and WELLVII, Inc. partners, affiliates and related entities. All terms defined in the Privacy Policy have the same definition herein.
When you use, access, browse or transmit data from a device or WELLVII product to or through the WELLVII Website or any of our Digital Services including through the Website or any WELLVII app, activate a WELLVII product or subscription, click an “I Accept” or similar button, or subscribe to any WELLVII services including a newsletter or our Digital Services, you represent that (1) you have read, understand, and agree to be bound by the TOU, (2) you are of legal age to form a binding contract with WELLVII, and (3) you have the authority to enter into the TOU on behalf of yourself. If any of the foregoing three conditions do not apply or are answered negatively, you may not access, or use, or order/purchase items from, our Digital Services.
Please note that the TOU are subject to change by us in our sole discretion at any time. When changes are made, WELLVII will make a new copy of the TOU available on our Digital Services. We will also update the “Last Updated” date at the top of the TOU. If we make any material changes, and you have provided us with your email address, we reserve the right – but do not have the obligation — to make a reasonable effort to send an email to you at the last email address you provided to us. Any changes to the TOU will be effective immediately. WELLVII may ask you to provide consent to an updated TOU in a specified manner before further use of our Digital Services is permitted, or before making a purchase at or via our Digital Services. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using our Digital Services. Otherwise, your continued use of our Digital Services constitutes your acceptance of such change(s). Please regularly check our Digital Services to view the then-current TOU which will take precedence over all prior versions.
Registration.
In registering for the Digital Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other older minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using WELLVII IP under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify WELLVII immediately of any unauthorized use of your password or any other breach of security. You must exit/sign out from your Account at the end of each session or use of your WELLVII product. If you provide any information that is untrue, inaccurate, not current or incomplete, or WELLVII has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WELLVII has the right to suspend or terminate your Account and refuse any and all current or future use of WELLVII IP (or any portion thereof). You agree not to create an Account using a third party’s identity without their informed consent or permission, or provide false age or payment information or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use WELLVII IP if you have been previously removed or barred by WELLVII from any WELLVII store. If we terminate your license to use the Digital Service, we may retain enough information to prevent you from signing up for the Digital Service in the future.
We have reasonable and appropriate administrative, technical, and physical security measures to help protect your Personal Data against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. Accordingly, we cannot guarantee the security of your transmissions to us and of the Personal Data that we store. You acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and WELLVII may be impacted therin.
If You are a GDPR resident or citizen and ask us to delete your Account, we will or may, in our discretion, remove certain personally identifying information from our active user database, and then from our records in accordance with our data deletion cycle, except that we may retain personally identifying information where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a user’s request.
In order to access certain features of our Digital Services, you will be required to become a Registered User. For purposes of the TOU, a “Registered User” is a user who creates an account with WELLVII (“Account”) by either registering directly with WELLVII through our Digital Services or logging into our Digital Services with the user’s social networking service account (“Third-Party Account”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to WELLVII and/or grant WELLVII access to your Third-Party Account (including, but not limited to, for use by WELLVII and its designees for the purposes described herein) without breach by you of any of the TOU and conditions that govern your use of the applicable Third-Party Account and without obligating WELLVII to pay any fees or incur any liability or making WELLVII subject to any usage limitations imposed by such third-party service providers. If you elect to grant WELLVII access to any Third-Party Accounts, you affirm that you understand that WELLVII may access, make available and store (if applicable) any of your content, information, photographs, and/or other materials (collectively, “Content”) accessible through WELLVII that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through WELLVII IP via your Account. Unless otherwise specified in the TOU, all Third-Party Account Content shall be considered to be your Content for all purposes of the TOU including but not limited to licenses to display, use, modify, copy and perform any intellectual property contained or included therein. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on WELLVII IP. Please note that if a Third-Party Account or associated service becomes unavailable, or WELLVII’s access to such Third-Party Account is terminated by the third-party service provider, then your Account Content may no longer be available on and through the Digital Service. Please note that your relationship with the third-party service provider associated with your Third-Party Account is governed solely by your agreement(s) with such third-party service provider, and WELLVII disclaims any liability for personally identifiable information that may be provided to it by such third-party service provider in violation of the privacy settings that you have set in such Third-Party Account. WELLVII makes no effort to review, and does not warrant or endorse any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and WELLVII is not responsible for any Third-Party Account Content.
Usage Limitations and Site Errors
GLITCHES CAN HAPPEN
Our Digital Services may be subject to limitations, delays, delivery or technical failures, and other problems inherent in the use of the Internet, electronic communications or otherwise. Except as set forth in WELLVII’s Privacy Policy, which is incorporated herein by reference, or as set forth herein or as otherwise required by applicable law, WELLVII is not responsible for any delays, delivery or technical failures, or other problems, including for economic damages or losses, actual or anticipated, foreseeable or unforeseeable, direct or indirect, resulting therefrom. You acknowledge that access to the Digital Service may involve third party fees (such as Internet service provider, mobile data fees or airtime charges). You are responsible for applicable fees, including those fees associated with the display or delivery of advertisements, if applicable. In addition, you must provide and are responsible for all equipment necessary to access our Digital Services in any medium or via any service.
Sensor Data may include, for example, heart rate and respiratory rate. The Digital Services and Sensor Data are not intended as medical devices or to be used for any medical, diagnostic, or health care uses. They are intended for fitness and wellness uses only. You are responsible for seeking professional medical diagnosis and treatment and for discussing any information available through the Digital Services with your healthcare provider. The Digital Services and Sensor Data are not a substitute for, nor do they replace, professional medical advice, diagnosis or treatment; analysis of your Sensor Data and any diagnosis, recommendation or prohibitions made in connection therewith can only be accomplished by a physician.
WELLVII IS NOT AUTHORIZED BY ANY PROFESSIONAL LICENSURE TO PROVIDE SERVICES OR INFORMATION. NO HEALTH CARE PROVIDER/ PATIENT RELATIONSHIP IS CREATED BETWEEN WELLVII AND YOU IN CONNECTION WITH OR BECAUSE OF YOUR USE OF THE WELLVEE.
We make no representations or warranties of any kind as to the accuracy or completeness of any Sensor Data or other content or material made available through the Digital Services (collectively, the “Content”). IF YOU RELY ON THE SERVICES OR CONTENT, YOU DO SO AT YOUR OWN RISK. DO NOT USE OR RELY ON THE SERVICES OR CONTENT TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR TO DELAY OR DECLINE TO SEEK MEDICAL ADVICE. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES AND CONTENT. THE SERVICES ARE NOT INTENDED TO BE, AND SHOULD NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
The Vital Health app may not be available on or usable through all operating systems. We may change, withdraw, or discontinue the Digital Services or any portions thereof at any time and at our sole discretion.
The Digital Services may store and transmit information on your behalf, and are not subject to the Health Insurance Portability and Accountability Act (“HIPAA”). Accordingly, the Digital Services may not meet HIPAA’s requirements regarding the security of protected health information, and we make no representations or warranties with respect to the security of the Digital Services.
As a courtesy, we may, but have no obligation to, enable you to connect third-party devices and applications to the Digital Services. For example, you may be able to authorize third-party devices or applications to access, store, and/or use the Sensor Data, such as in connection with providing you with wellness or other services. We are not responsible for the privacy, confidentiality, data security, availability, accuracy or any other practices of these third parties, and we disclaim any and all responsibility for them and their practices. You use such third-party devices and applications at your sole risk and expense.
WELLVII products should not be used by individuals under the age of 18, and/or with known circulatory problems that affect their fingers; individuals without a left index finger or with only a partial left index finger; individuals with known bleeding/bruising disorders; or individuals who cannot remain still for several minutes during measurements. This device is for spot-checking physiological parameters and should not be used for continuous measurements.
The information and content contained on our Digital Services may contain typographical or other errors or inaccuracies, all of which are inadvertent. Misuse of your WELLVII product may result in incorrect Sensor Data. We reserve the right to update, amend, replace and/or correct any data, information and content we see fit at any time without prior notice or liability. Please note that such errors may relate to product information, pricing and availability, in which case we reserve the right, without liability, to cancel or terminate any orders/purchases placed in connection with such erroneous/inaccurate information, subject to refunding any monies paid, as your/the User’s sole remedy. We apologize for any inconvenience that may be caused by any errors or inaccuracies, or by our correction of them.
The products sold on this website have not been evaluated by the Food and Drug Administration; if third party products are discussed on our Digital Services, any information about said products, including their technical specifications and fitness for any particular purpose, have been provided to us by their manufacturers, who are wholly responsible for ensuring the accuracy and truthfulness of any statements, information or claims. WELLVII is neither responsible nor liable for any advice, course of treatment or diagnosis that you obtain through the app, as all such content is provided for informational purposes only. WELLVII products are not intended to diagnose, treat, cure or prevent any disease. We are not liable for any individual reaction to any WELLVII product. You agree to follow the directions for use. If you have a specific allergy or sensitivity to the components of our WELLVII products, do not use the WELLVII products. Please consult a healthcare provider if you have any questions about a particular health condition and before using the WELLVII products or any of the products mentioned on this website, especially if you are pregnant, nursing, taking medication, supplements, extracts or concentrates, or have a medical condition.
BY USING WELLVII’S PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION THE WELLVII NON-MEDICAL VITAL SIGN CAPTURING DEVICE, THE WELLVII SCORE, AND ANY RECOMMENDATIONS OR GUIDANCE PROVIDED THEREBY YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE FOLLOWING PRODUCT DISCLAIMERS AND LIMITATIONS (“WELLVII PRODUCT DISCLAIMERS”).
IMPORTANT: IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES.
THE WELLVII SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT DESIGNED OR INTENDED FOR USE IN THE DIAGNOSIS OR TREATMENT OF DISEASE OR OTHER CONDITIONS. THE RECOMMENDATIONS PROVIDED BY OR ACCESSIBLE THROUGH THE WELLVII SERVICES, IF ANY, DO NOT CONSTITUTE MEDICAL ADVICE. PLEASE CONSULT YOUR HEALTHCARE PROVIDER PRIOR TO MAKING ANY DECISIONS RELATED TO YOUR HEALTH.
THE WELLVII DEVICE IS NOT A MEDICAL DEVICE AND THE USE OF THE WELLVII SERVICES, INCLUDING THE WELLVII SCORE OR ANY COVID-19 INFORMATION, DOES NOT CONSTITUTE MEDICAL ADVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE. NONE OF THE WELLVII SERVICES ARE DESIGNED OR INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY CONDITION OR DISEASE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE WELLVII SERVICES AND ANY OTHER SERVICES PERFORMED BY OR ACCESSED THROUGH THE WELLVII DEVICE AND/OR WELLVII SCORES IS AT YOUR SOLE RISK.
YOU FURTHER ACKNOWLEDGE THAT NONE OF THE WELLVII SERVICES SHOULD BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE, AND THE WELLVII SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE RECOMMENDATIONS, CONTENT, DATA OR INFORMATION PROVIDED BY THE WELLVII SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL DAMAGE TO YOU OR ANY USER OF THE WELLVII PRODUCTS.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WELLVII BE LIABLE FOR ANY PERSONAL INJURY TO OR DEATH OF YOU OR ANY USER OF THE WELLVII SERVICES, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WELLVII SERVICES AND OTHER SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE WELLVII OFFERINGS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WELLVII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
User submissions
WELLVII strives to create an interactive relationship with the users of its Website and Digital Services. A “Submission” is defined as manually entered comments, feedback, suggestions, ideas, usernames and other submissions on or to our Digital Services in any media that now exists or may hereinafter be created. If you send, distribute, share or post a Submission on, to or at any page or site hosted, managed or controlled by WELLVII including our Digital Services, and any of WELLVII’s Facebook pages, or if you directly communicate with WELLVII via email, a comment form, Twitter, or on Instagram, Yelp, tumblr or another online service including by tagging WELLVII with the @ or # symbol or in any other recognizable manner, you hereby affirm that you have the right to do so, and grant WELLVII a non-exclusive, free-of-charge/royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant WELLVII the right to include and/or use the user name that you submit with your Submission, if any, in connection with such Submission, whether on the Digital Service or in any other media, and that no additional compensation, consideration or credit needs to be provided to you by WELLVII and/or any sublicensee thereof. Users are welcome and encouraged to submit and post content, including photographs and videos, to WELLVII’s social media platforms where the content meets the standards articulated in this TOU. If You believe that a user has violated the terms of these TOU, it is not your responsibility to call them out on it publicly; instead, please contact WELLVII. WELLVII shall have the sole right (but not the obligation) and sole discretion to delete, refuse and/or move any Submission and/or block access by the public to any Submission that violates the TOU or is otherwise deemed objectionable for any reason in WELLVII’s sole discretion, while maintaining copies of said Submission for archival and legal purposes. Although we try to maintain a safe environment on our social media platforms and the Digital Services, we are not responsible for the posts of any user and disclaim any and all liability for such posts. You acknowledge that we are not obligated to pre-screen user submissions (including your Submission) and may not review user submissions (including your Submissions) for purposes of compliance with the TOU or any other policy or otherwise. Furthermore, WELLVII shall be under no obligation to: (1) maintain in confidence any of your Submissions that are shared publicly by you; (2) pay to users, including you, any compensation for any Submissions; or (3) respond to any user Submissions.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, SUBMISSIONS) POSTED ON OUR DIGITAL SERVICES AND ANY OF WELLVII’S SOCIAL MEDIA PLATFORMS.
No Submission shall include any material which is deemed by WELLVII, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by WELLVII in its sole discretion to be advertising or “spam”. You acknowledge that by using the Digital Service, you may be exposed to material that is offensive, indecent or objectionable and that WELLVII is not liable for this.
You recognize that some Content on this Website, including all Submissions submitted by any user, represents the opinions of the individual who has created such Content, and is not endorsed by this Website or WELLVII in any way. WELLVII does not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content, Submission, or other information or materials displayed, uploaded, or distributed through our Digital Services by any third party and you are responsible to verify this on your own. You acknowledge that except as otherwise provided herein regarding pricing, as limited herein, any material you download, view, or otherwise access through our Digital Services is at your own sole risk, and you will be solely responsible for any damage and/or loss or corruption of data that results from the download of any such material. You understand that the technical processing and transmission of our Digital Services, including your Content contained therein, may involve transmissions over various networks, and may require changes to your Content in order to conform and adapt to the technical requirements of connecting networks or devices. Without limiting the scope of the Submissions License or any present or future grant of rights, consents, agreements, assignments, and waivers you have made or may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you.
Use of Intellectual Property.
The Digital Services enable you to connect the WELLVII and compatible third-party devices to the Vital platform component of our Digital Services, so that you can access the outputs of device sensors (“Sensor Data”). Our Digital Services including Sensor Data, and the content and information available through Sensor Data and on our Digital Services, including but not limited to any future release, update or later-created Content (“collectively “WELLVII IP”) are protected by copyright laws throughout the world. Subject to the TOU, WELLVII grants you a limited license to reproduce portions of the WELLVII IP for the sole purpose of using our Digital Services for your personal purposes including sharing our WELLVII IP on a noncommercial basis, such as with your healthcare practitioner, unless otherwise specified by WELLVII in a separate written license from Us to you.
WELLVII Device Subscription. We make available an optional subscription that allows you to access your data, and that of your “Family Members” (defined as individuals who you include in your Subscription), as well as personalized wellness recommendations and insights, tools for monitoring, detecting, tracking and calculating physical records and data, and reports that you can share with your healthcare practitioner, all of which may include information generated by algorithms. If you obtain a subscription that includes a free trial period, you will not pay a fee for your subscription during the free trial period, but all other terms and conditions in connection with a standard subscription shall apply to your use of your subscription. A subscription commenced during and/or through a free trial period will automatically convert into a paid subscription upon expiration of the free trial. A user who chooses to unsubscribe from a subscription during a free trial must cancel the subscription more than 24 hours before the end of the free trial.
WELLVII has monthly, annual and annual prepaid subscription options. Payment will be charged to your credit/debit card through your iTunes Account or Google Play when you select your subscription and confirm your purchase. Paid subscriptions automatically renew unless auto-renew is manually turned off, unless otherwise cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of subscription increases; continuation of a subscription into a new renewal period affirms your consent to payment of the new price.
Notice
WELLVII may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications, pop-ups and more using the contact information you have provided to us or via functionality of our Digital Services. Further procedures and processes for notice are included in the WELLVII Privacy Policy, which is located at https://www.WELLVII.com/pages/privacy-policy and incorporated into this Agreement by reference.
You consent to transact with us electronically and receive all legal notices, warranty notices, product releases, and other communications electronically, by e-mail, postal mail, and/or by notices posted on or via the Digital Services. For this and other purposes, you agree to provide us with a valid, working email address and to notify us of any changes to your e-mail address. You are responsible for maintaining either or both an Internet browser and computing equipment, or a smartphone, app and Internet access capable of accessing the Digital Services.
Customers placing orders for products or subscriptions will receive email, pop-up and/or text alerts about each order placed on or via our Digital Services. Additionally, you may receive additional emails following receipt of an order soliciting feedback relating to that order, or recommending products or services to you, including subscription renewals, firmware updates and/or device-charging reminders, based on prior orders and other interactions with WELLVII, and you consent to the receipt of same.
Certain restrictions.
The limited rights granted to you in the TOU are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially exploit WELLVII IP or any portion of WELLVII; (b) you shall not use any metatags, keywords, advertisement tags or other “hidden text” using WELLVII’s name, trademarks or other intellectual property for any commercial purpose; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of WELLVII IP except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in our Digital Services (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from our Digital Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials; (e) you shall not access WELLVII IP in order to build a similar or competitive Website, application, product or service; (f) you shall not access aspects, elements or parts of the Digital Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Digital Services; (g) you shall not engage in or assist any other in taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or involves use of automated means to compile information; and (h) except as expressly stated herein, no part of WELLVII IP may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any purpose. WELLVII, its suppliers and service providers reserve all rights not granted in the TOU. Any unauthorized use by or for you of WELLVII IP will automatically and immediately terminate the limited license granted to you by WELLVII pursuant to the TOU without the need for any further notice or action on our part.
You affirm and agree that you shall not upload to, email to, distribute or otherwise publish through, or share with or through our Digital Services any Content, Submissions or materials deemed by WELLVII, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral, copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by WELLVII in its sole discretion to be advertising or “spam”.
THIRD PARTY INTERACTIONS
Third-Party Websites, Applications and Advertisements: Our Digital Services may contain links to third-party websites (“Third-Party Websites”) and/or applications (“Third-Party Applications”) (collectively and individually, “Third-Party Content”). When you click on a link to Third Party Content, WELLVII will not warn you that you have left our Digital Services and will not warn you that you are subject to the terms and conditions (including the terms of use and privacy policies) of another entity. Such Third-Party Content is not under the control of WELLVII. WELLVII is not responsible for any Third-Party Content, its/their terms of use or privacy policies or your use of, or interactions with, them.
To improve our Digital Services and WELLVII products, WELLVII may use Content and Submissions in an aggregate and/or de-personalized manner, on our own and in collaboration with third parties.
We may from time to time link to content created by third parties and hosted on websites other than WELLVII’s websites. However, even if the third party is affiliated with or related to WELLVII, WELLVII does not control these services and we make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, the content, goods or services any such third parties. Outside sites linked from our site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings or interactions with any third party website or merchant or operator of such a third party service, including but not limited to Facebook, Google, Apple, and/or Stripe.
Usage Outside the United States
WELLVII is located in the United States, but we understand that some of our customers, users and their family members and/or healthcare providers are citizens of or residents of other countries, including European Community countries. If you access WELLVII services from, or use a WELLVII device in, a country other than the United States, the various communications you send and receive may result in the transfer of information across international boundaries. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer or different legal rights in relation to your information.
We will collect and retain your information in connection with our Digital Services and any WELLVII device used by you for as necessary to perform the services that you access in connection with your WELLVII device, and at least as long as required by operation local, state and federal laws and regulations. If you wish to unsubscribe from any of our emailed newsletters or marketing materials, please use the links on such email, but please note that you cannot unsubscribe from emails regarding health, safety, subscriptions and warranties, as they are necessary for us to perform our services and business operations involving safety of our products and our legitimate interests.
Please contact us if you wish to make a request or ask a question regarding your personal information as set forth in the bullet points below; we reserve to charge a reasonable fee for requests of lists of the Personal Data we have collected about you if such request is made more than once in any 365-day time period:
- If you believe that any information that we have is incorrect
- If you wish to obtain a copy of the personal information you have provided to us in a structured, commonly used and machine-readable form; we reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion
- If you are not a current or former subscriber to any services related to a WELLVII, and you wish to ask us to remove information that we have collected from or about you.
California residents
If you are a California resident, you have the following rights, subject to certain exceptions as set forth in the CCPA:
Right to access personal information. You have the right to receive the specific pieces of your personal information we have collected about you in the 12 months preceding your request.
Right to data portability. You have the right to receive a copy of your electronic personal information in a readily-usable format.
Right to know. You have the right to receive information from us regarding the categories of personal information we collected, the sources from which we collect personal information, the purposes for which we collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your “right to know” request.
Right to request deletion. You have the right to request the deletion of the personal information that you provided to us. Please note that in certain instances we may not be able to process your request, such as (i) due to the existence of a legal obligation, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, or (iii) in order to complete a transaction for which your personal information was collected.
Right to non-discrimination. You have the right to be free from discrimination by us as a result of you exercising your rights under the CCPA.
If you are a resident of California, you may request that we provide you with the information that we have shared with third parties for electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to you once a year free of charge, and will cover information shared during the past twelve (12) months. Information will be provided within thirty (30) days of your request, or we will inform you that we need additional time to fulfill your request.
If you are a California resident and wish to make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to us at via the Contact form. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address.
Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion. Please note that we cannot delete information in connection with orders of merchandise or gift certificates, and other paid services or goods, for at least seven years as we must retain it for accounting and legal purposes; we reserve the right to retain such Personal Data for accounting and business purposes.
Note that certain of the rights set forth above do not apply until at least January 1, 2021 for job applicants, employees, partners, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating to due diligence, or providing or receiving a product or service to or from another business, and the personal information concerns an employee, owner, director, officer or contractor of that business.
Indemnity
By use of this Website, you agree to indemnify and hold WELLVII (and its shareholders, members, officers, directors, agents, affiliates, subsidiaries, related entities, partners, joint venturers, licensees, contractors and employees) harmless from and against each and every claim or demand, as well as losses, expenses, damages and costs (including attorney fees and court costs), resulting from any violation by you of these TOU or any activity of yours related to your Account (including, but not limited to, criminal, negligent or wrongful conduct, copyright infringement, trademark infringement or misuse of our Digital Services).
Product Return and Refund Policy
Our Refund Policies apply to all items purchased via, through or at the WELLVII app, our Website, our Facebook page or any Digital Services; refunds of purchases made through any third party site including but not limited to Amazon, any retail store or any third party Facebook page, will be pursuant to the policies of said third party entity. Please see our WELLVII Limited Warranty at www.wellvii.com/warranty for warranty information regarding your WELLVII products
If your product arrives damaged or does not turn on:
If you purchased it directly from WELLVII, please contact us via our Customer Support page to obtain an Return Merchandise Authorization (“RMA”) number before sending the item back so we can coordinate the return process with you pursuant to the terms of our Warranty Policy and refund process.
If you purchased it from a third party, please contact them regarding their “damaged during shipping” policy and process.
If you are dissatisfied with your WELLVII products: Any product shipped back within 30 days of receipt by you is eligible for a full refund which will be issued in the original method paid; you must contact us via our Customer Support page to obtain an Return Merchandise Authorization (“RMA”) number before sending the item back so we can coordinate the return process with you pursuant to the terms of our Warranty Policy and refund process. If you cannot provide a receipt the product may be returned for an exchange valued at the lowest selling price offered in the last 30 days.
In the unlikely event that the administrator of a Subscription passes away, please reach out to us via our Customer Support page to transfer the Subscription to the next of kin.
Please allow 14 days for any refund to be processed. Your financial institution may take longer to reflect the refund/credit on your credit or debit card.
Free gifts, samples or promotional items with retail value cannot be returned and no refunds for same will be made under any circumstances.
Unless prohibited by law, in the event that WELLVII is found responsible for any error in Your order or the amount You were charged, You are entitled to a credit, provided the error is brought to our attention within 30 calendar days of the delivery of the goods to the address You provided (“Receipt Date”); if You do not raise the issue within 21 calendar days of your Receipt Date, and ship the item to WELLVII within 30 days of your Receipt Date, You waive the ability to receive a credit for any error.
If for any reason you are not completely happy with your purchase, please email us or use the Contact Form to contact us with any questions or concerns.
Modification/termination of Website
In the event of termination of your Account or the conclusion of any Subscription, you will still be bound by your obligations under these TOU, including the warranties made by you, and by the assignments, licenses, waivers, disclaimers and limitations of liability. WELLVII shall not be liable to you or any third-party for any termination of your access. If you have a subscription to any WELLVII services, then the event of termination of your access to the WELLVII services, we reserve the right to provide you with a refund within sixty days for any unused portion of your subscription.
Disclaimer of Warranty
All use, retention, review and configuration of Personal Data as defined in our Privacy Policy, products, and services offered on or via our Digital Services, or obtained from a third party website to which our Digital Services is linked, are provided to you “as is/where is,” without any guarantees or warranty whatsoever, express or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, accuracy, title, non-infringement, security or accuracy. Use of the WELLVII Website, Digital Service or product by a user is at the user’s sole risk except as reasonably limited by applicable public order product liability laws.
YOU ARE AWARE THAT WELLVII AND WELLVII SERVICES ARE NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE WELLVII DEVICE AND/OR ANY RECOMMENDATIONS OR GUIDANCE PROVIDED THEREBY (“RECOMMENDATIONS”), AND ANY OTHER SERVICES PERFORMED BY OR ACCESSED THROUGH THE WELLVII DEVICE AND/OR ANY WELLVII SERVICES IS AT YOUR SOLE RISK.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WELLVII, IN ITS SOLE DISCRETION, MAY IMPLEMENT CERTAIN SCREENING QUESTIONS OR OTHER INQUIRY IN ORDER TO DETERMINE WHETHER YOU ARE ALLOWED TO COMPLETE ANY WELLVII QUESTIONNAIRE AND/OR PROCESS. YOU AGREE TO TRUTHFULLY AND ACCURATELY ANSWER ALL SUCH SCREENING QUESTIONS AND ACKNOWLEDGE THAT YOUR FAILURE TO PROVIDE ACCURATE INFORMATION IS GROUNDS FOR IMMEDIATE TERMINATION OF YOUR ACCESS OF THE WELLVII SERVICES.
Limitation of liability
WELLVII shall not be liable to you for any unforeseeable, direct, indirect, incidental, special, consequential, punitive or exemplary damages, or any like damages, liabilities, losses or costs, including, but not limited to, loss of actual or anticipated profits or revenues or attorney fees, that result from the use of, or the inability to use, our Digital Services, the Sensor Data, the materials and products or the performance of any its products (even if WELLVII has been advised of the possibility of such damages). In the SUBSCRIPTION that a court of final jurisdiction finds WELLVII liable for any claim/cause of action according or pursuant to any theory of liability despite the present disclaimers and exclusion of liability, WELLVII’s aggregate liability the actual price paid by you inclusive of taxes and shipping, as the User of this Website or the purchaser of WELLVII products through this Website (to be paid in the currency of your purchase). You agree that all of the terms and conditions of this section, including all of the WELLVII disclaimers, exclusions of WELLVII liability and alternative cap on WELLVII liability, are fair and reasonable as a condition for your use of this Website (including your purchase/ordering of any WELLVII products).
Resolving Disputes and Issues
If you have a problem with your subscription or an issue with your Digital Services or any WELLVII product, please visit our Customer Support page and submit a Help Desk request or refund query.
Miscellaneous
You acknowledge and agree that your access to and/or use of our Digital Services, the WELLVII IP and other Content on our Digital Services, as well your submission of Personal Data to us, is subject to all applicable international, federal, state and local laws and regulations, including those of the United States. The terms, conditions and policies (including, without limitation, the Privacy Policy incorporated herein) contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida to the extent that each apply, without regard to its/their conflict of laws principles. User shall not dispute the choice of law or the choice of jurisdiction/venue herein which are a condition for your use of our Digital Services (including your purchase/ordering of any WELLVII products). These Terms include an order action waiver and a waiver of jury trials.
With respect to any and all disputes arising out of or relating to the Digital Services or these Terms, both WELLVII and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If the Parties do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all such disputes in court before a judge or jury.
YOU FURTHER AGREE THAT ANY PROCEEDINGS TO ARBITRATE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER OF THE PARTIES WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
You agree to indemnify and hold harmless us, and our affiliates, including Arc Devices Limited, Arc Devices USA, Inc, and any of our predecessors and successors in interest, as well as our owners, directors, officers, managers, employees, contractors, shareholders, agents, and licensors, whether or current or past,; and their owners, directors, officers, managers, employees, contractors, shareholders, agents, and licensors, whether or current or past, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms or your use of the Digital Services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
The Parties agree that all disputes subject to arbitration that cannot be settled through informal negotiation will be resolved exclusively and individually through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be final, subject only to right of appeal under the Federal Arbitration Act, and may be entered and enforced as a judgment in any court of competent jurisdiction. You agree that we may seek any interim or preliminary relief from a court of competent jurisdiction in Palm Beach County, Florida, in any manner that we believe is necessary to protect our rights or property pending the completion of arbitration.
Any claim not subject to arbitration by this section shall be subject to the exclusive jurisdiction of state or federal courts in Palm Beach County, Florida. The Parties hereby waive any argument that any such court does not have personal jurisdiction, that venue is not appropriate, or that said forum is not appropriate or convenient.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide us with written notice of the event or facts giving rise to the claim within one (1) year of their occurrence.
Our TOU (including the Privacy Policy incorporated herein, and any WELLVII product or service warranties) constitute the entire agreement between you and WELLVII, govern your use of any WELLVII product and the Digital Services including, but not limited to, your access to our Digital Services, the Content and WELLVII products, such that it completely replaces all prior versions and agreements between you and WELLVII in relation to the Digital Services. You may also be subject to additional terms and conditions that may apply when you use third-party software to access our Digital Services or interface your devices with any WELLVII product.
If any portion, term or condition of this Agreement is held invalid or unenforceable by a court of competent final jurisdiction, that portion, term or condition shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties (or, in the worst-case alternative shall be read out of this Agreement), and the remaining portions of this Agreement shall remain in full force and effect. The delay or failure of WELLVII to exercise or enforce any right, benefit, term or condition of these TOU shall not constitute a present, future or ongoing waiver of such right, benefit, term or condition. Only a written waiver signed by WELLVII shall be deemed a valid waiver.
You agree that, except as otherwise expressly provided in these TOU, you have no third-party beneficiaries who shall benefit from these TOU. You agree that any claim or cause of action arising out of or related to these TOU or your use of the Digital Service must be filed within one (1) year after the claim/cause of action initially arose or it shall be forever barred.
PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE USING ANY OF OUR SERVICES OR PRODUCTS. PLEASE READ THE LIMITED WARRANTY FOUND AT WWW.WELLVII.COM/WARRANTY BEFORE USING ANY WELLVII PRODUCT
Last Updated June 16th, 2023