Terms of Service

Welcome to Wellory (“Wellory,” the “Company, “we,” or “us.”) These terms and conditions of service (“Terms of Service” or “Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Wellory, including the www.wellory.com website (collectively, the “Website”), as well as the services available to users through the Website. Your acceptance of, and compliance with, these Terms is a condition to your use of the Website and services. By using the Website or services, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by these terms, you are not authorized to access or use this Website or services; promptly exit this Website.

‍If we make updates to these Terms, we will change the “Last Updated” date above, which shall constitute notice to you. Your continued use of the services is deemed to confirm your acceptance of the update. We encourage you to frequently review these Terms to ensure you understand the latest terms and conditions associated with use of the services. If you do not agree to the update, you must discontinue using the services.

Not for Use in Case of Emergency

DO NOT USE WELLORY’S SERVICES TO SEEK HEALTH CARE SERVICES FOR SOMEONE WHO IS SHOWING SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

Services: Wellory Does Not Provide Medical Services Or Medical Advice

Wellory is a platform that offers access to nutrition support (the “Services”) through our network of nutrition Providers, including Registered Dietitians, Registered Dietitian Nutritionists, and Certified Nutrition Specialists (collectively, “Providers”). The Services do not include the provision of medical care or professional services by Wellory. Wellory facilitates access to nutrition care services provided by the Provider. While the Services may provide access to certain general medical information, and may also provide functionality to connect you to Providers, the Services cannot and are not intended to provide medical advice. The Services are not intended to be a substitute for your primary care provider, and you should continue to consult with your primary provider and other healthcare professionals.

The content on the Website is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis or treatment. If you have or you suspect that you have a medical condition or issue, please contact a qualified healthcare professional immediately.

The Services may be delivered leveraging a variety of third party services including video telecommunication, calendar or messaging tools (collectively, the “Tools”). Wellory has no responsibility or liability for any act, omission, or occurrence that is at all associated with the Tools used, and your use of any Tools shall be subject to the terms and conditions applicable thereto. In order to schedule a telehealth appointment with a Provider, you must agree to the terms of our Consent for Telehealth Consultation, which is incorporated by reference herein.

Wellory may charge fees for use of the Services, which shall be due and payable in such amounts and at such times as are described in the Services from time to time. Wellory uses Stripe, a third party payment procedure, to securely process payments for the Services provided. By providing Wellory with your personal and financial information, you agree that Wellory is authorized to immediately charge your account for all fees and charges due and payable to Providers and Wellory hereunder and that no additional notice or consent is required. Wellory reserves the right to modify or change the pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms. The processing of payments will be subject to the terms, conditions and privacy policies of such third party payment service in addition to these Terms.

These Terms apply to the Services currently offered by Wellory as well as Services that may be offered in the future. Wellory reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use.

Provider Qualifications

Your nutrition care is solely the responsibility of you and your Provider. All Providers available through the Services represent that they have degrees, licenses and/or certifications, as applicable, in the areas of nutrition. We confirm the licensure of all new Providers and validate that they are in good standing with their respective licensure board(s). However, we are not responsible or liable for licensing Providers, and we make no representation regarding the accuracy or currentness of any Providers’ credentials. We expressly disclaim any liability for fraudulent credentials or claims by the Provider. In addition, changes in your Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Provider. We recommend that you separately confirm that your Provider is in good standing with his or her respective licensing board(s).

Limitation of Use

You agree that you will not, and will not attempt to: impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; use the Website or Services to violate any local, state, national or international law; reverse engineer, disassemble, decompile, or translate any software or other components of the Website or Services; distribute viruses or other harmful computer code through the Website; or otherwise use the Services or Website in any manner that exceeds the scope of use granted above.

Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail; (iii) use abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Providers through the Website; or (iv) contact Providers for Services outside of the Website. Wellory is not responsible for any interactions with Providers that are not conducted through Wellory.

User Information

You may provide to Wellory, to Providers, or to other users information about yourself in connection with your use of the Services (collectively the “User Information”). You acknowledge and agree that you are free to share—or not share—User Information in connection with your use of the Services, and that to the extent you choose to provide User Information to us, to Providers, or to other users, you do so with full understanding of (i) our rights to use such information under this Agreement and (ii) the fact that we do not control third parties such as other users.

In order to provide the Services effectively, Wellory may record communication sessions (including video conferences, audio conferences, telephone calls, text chat, and others) that occur through the Services. To the extent that you participate in any video conference in connection with the Services, you hereby consent to Wellory recording such video conference and using the recording to deliver the Services and improve the Services. These recordings are included in the definition of “User Information.”

Subject to applicable laws, you hereby grant to Wellory a perpetual, irrevocable, royalty-free, worldwide right and license to copy, display, make derivative works of and otherwise use your User Information to provide the Service and to develop or improve any Wellory product or service.

By providing User Information such as your mobile phone number and email address, you acknowledge and agree that you may receive emails, phone calls, text messages, push notifications, or other communications from us or from Providers regarding the Services or about your use of our Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically shall be deemed to satisfy any legal communication requirements to the extent permitted under applicable law. These communications may contain User Information or information from Providers. To opt out of receiving any marketing communications from us, please follow the unsubscribe link in the email correspondence, or respond to our text message with the word “STOP”. Wellory is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAM-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at hello@wellory.com.

Ownership and Use of Content

All Website content is owned by Wellory and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. All Services and intellectual property related to the Services are the property of Wellory (collectively, “Property”). You agree not to directly or indirectly sell, license, distribute, copy, modify, display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Property of Wellory.

Nothing in these Terms shall be interpreted as granting any license or intellectual property rights to you. Please contact us at hello@wellory.com with any licensing inquiries.

You may provide feedback and ideas to Wellory (collectively, “Feedback”). If you provide any Feedback, you agree that: (i) your Feedback become our Property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Feedback for any purpose and in any way; (iv) there is no obligation for us to review your Feedback; and (v) we have no obligation to keep any Feedback confidential.

Suspension, Violation and Termination

These Terms shall commence when you first visit the Website or use any feature incorporated into the Services, and shall apply to all of your subsequent visits and uses. You agree that Wellory may, with or without cause, suspend or immediately terminate these Terms without notice, and/or deny you access to any of the Services in Wellory’s sole discretion. You agree that Wellory will not be liable to you or any third party for such termination. If your use of the Services is terminated, you will no longer be authorized to access any Wellory Websites or applications, or use any of the Services we offer.

Availability and Eligibility

Not all of the Services are available in all geographic areas, and Wellory reserves the right to restrict any user from the Services at any time, without notice. Access to and use of the Website and/or the Services is limited exclusively to users located in States within the United States where the Services are available. The Services are not directed at, or intended for distribution to or for use by, any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Wellory, its licensees or affiliates, to any registration requirement within such jurisdiction or country.

Minors under the age of 18 may only access the Website and the Services with the consent of a parent or legal guardian.  Prior to a minor accessing Services, Wellory must receive a copy of the Informed Consent for Treatment of a Minor form and the Consent for Telehealth Consultation form signed by the client’s parent or legal guardian.

DISCLAIMERS; NO WARRANTIES

THE SERVICES ARE MADE AVAILABLE “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WELLORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WELLORY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY PERSON OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES.

TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.

Indemnification

You agree to indemnify, defend, and hold Wellory harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Services generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of these Terms. Wellory reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully in the defense of any claim.
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LIMITATION OF LIABILITY AND DAMAGES

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WELLORY BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF WELLORY OR WELLORY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL WELLORY (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, DIRECTORS, OFFICERS, OR AGENTS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED THE GREATER OF (i) THE FEES PAID UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (ii) FIFTY U.S. DOLLARS ($50).

APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT WELLORY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.

Release

You hereby release and forever discharge Wellory from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Services; or (ii) any Tool. Wellory expressly disclaims any liability that may arise between users of the Services or users, the Providers, and any other third party.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Benefit Of The Bargain

YOU ACKNOWLEDGE AND AGREE THAT WELLORY HAS OFFERED THE SERVICES ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY, AND THE RELEASE SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS, THE LIMITATIONS OF LIABILITY AND THE RELEASE SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WELLORY, AND THAT THE FOREGOING FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WELLORY. WELLORY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THE FOREGOING.

Applicable Law; Jurisdiction

Persons who access the Services do so at their own initiative, and are responsible for compliance with applicable laws and regulations. The laws of the State of New York will govern these Terms, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms shall be settled in the courts of competent jurisdiction in New York, NY, USA. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the Wellory IP.

Links to Third Party Sites

Wellory makes no representations whatsoever about any other website that you may access through this Website. When you access a third party site, please understand that it is independent from Wellory, and that Wellory has no control over the content on that website. In addition, a link to a third party website does not mean that Wellory endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.

General

These Terms set forth the entire understanding and agreement between you and Wellory with respect to the subject matter hereof. If any provision(s) of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the internet and the fees charged by, by way of example and without limitation, your internet service provider and wireless carrier. The Services may not be maximized for use on all devices or in conjunction with third party software and operating systems.MiscellaneousHeadings; Entire Agreement: The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and Wellory, or by a change to these Terms.

How to Contact Us
Wellory Inc.
hello@wellory.com
1 (833) 748-0728