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Terms of Use

Last Modified: November 12, 2019

1. Please read this carefully

Thank you for using our services (“Services”). The Services are provided by Wellzesta, Inc. (“Wellzesta”), located at 333 S CHURCH ST, Charlotte North Carolina 28202, United States. By using our Services, you are agreeing to policies, guidelines, and other terms ("Terms") of this statement. This Agreement is a legal contract between you (if you use Services in your capacity as an individual) or the legal entity you represent (if you use Services in your capacity as an employee) ("You") and Wellzesta. Read the terms of this Agreement carefully. By checking "I agree" to the Terms of Service or using any of Wellzesta Software, You agree to be bound by this Agreement. If You do not agree to the terms of this Agreement, do not check "I agree" to the Terms of Service" or use any of Wellzesta Software.

2. These Terms May Change

From time to time we may amend these Terms, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly. We will post notice of modifications to these Terms on this page. We will post notice of modified additional Terms in the applicable Service. Changes will not apply retroactively and will become effective on the last modified date set forth above. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

3. Using Wellzesta Services

You must follow any policies made available to you within the Services.

  1. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and by Wellzesta's Acceptable Use Policy. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

  2. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

  3. Our Services display some content that was not reviewed by Wellzesta. This content is the sole responsibility of the individual or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

  4. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

  5. Most of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

  6. You consent to receive notices from Wellzesta by means of electronic mail to the email address on record under your Wellzesta account or by written communication sent by first class mail or by courier service to your mailing address on record under your Wellzesta account.

4. Your Wellzesta Account

  1. You may need a Wellzesta Account in order to use some of our Services. Your Wellzesta Account may be assigned to you by an administrator at Wellzesta or an administrator of your community. If you are using a Wellzesta Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.

  2. To protect your Wellzesta Account, keep your password confidential. You are responsible for the activity that happens on or through your Wellzesta Account. Try not to reuse your Wellzesta Account password on third-party applications. If you learn of any unauthorized use of your password or Wellzesta Account, follow these instructions:

    • Reset your password.
    • Notify the administrator at your community or [send a support request][support-form] to Wellzesta.

5. Privacy

Wellzesta’s privacy policy explains how we treat your personal data and protect your privacy when you use our Services.

  1. You may not copy, display, reproduce, modify, republish, upload, post, transmit, transfer, license, or distribute in whole or in any part in any form or by any means whatsoever for public or commercial purposes Wellzesta App Material, including its content, its software, or its offerings without prior written permission from us. Any unauthorized use of Wellzesta App Material violates our intellectual property interests and could result in criminal or civil penalties.

  2. You agree that if you copy, download or publish Wellzesta App Material in any way for your personal, non-commercial use, you will not remove or obscure any copyright or other notices that are on the App or accompany such content. Neither we or our affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

  3. All communications or material sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by Wellzesta and will not be returned to you. We respect the intellectual property rights of others, and we ask you to do the same.

  4. In instances where we are notified of alleged infringing content through our designated agent (specified below), a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512© (DMCA). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification. We designate the following agent to receive notifications of claimed infringement: Kyle Robinson, Wellzesta Inc., 333 S CHURCH ST, Charlotte North Carolina 28202, United States, legal@wellzesta.com (“Designated Agent”).

  5. If you believe that you or someone else’s copyright has been infringed by content provided by anyone or any entity on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

    • Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
    • Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
    • The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
    • A statement that the Rights Holder has a good faith belief that the use of the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
    • A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
    • The Rights Holder’s electronic signature.

7. Your Content in our Services

  1. Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

  2. When you upload, submit, store, send or receive content to or through our Services, you give Wellzesta (and those we work with) a permanent, irrevocable worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

  3. Our automated system analyzes your content to provide you relevant statistics, notifications and other features. This analysis occurs as the content is sent, received, and when it is stored.

  4. You can find more information about how Wellzesta uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

  5. Wellzesta retains all rights not expressly granted to you under this Agreement. You do not have any implied rights.

8. About Software in our Services

  1. When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

  2. Wellzesta gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Wellzesta as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Wellzesta, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

  3. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

9. Modifying and Terminating our Services

  1. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

  2. You can stop using our Services at any time, although we’ll be sorry to see you go. Wellzesta may also stop providing Services to you, or add or create new limits to our Services at any time.

  3. We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

10. Our Warranties and Disclaimers

  1. We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

  2. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER WELLZESTA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

  3. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

11. Liability for our Services

  1. THE SERVICES AND WELLZESTA CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN PERMITTED BY LAW, WELLZESTA, AND WELLZESTA’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

  2. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WELLZESTA, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

  3. IN NO EVENT WILL WELLZESTA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF SOFTWARE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM ITS SOFTWARE. THIS LIMITATION OF LIABILITY INCLUDES BUT IS NOT LIMITED TO ANY ELECTRONIC EQUIPMENT FAILURE, ELECTRONIC VIRUS TRANSMISSION, CONNECTIVITY ISSUES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE INCLUDING BUT NOT LIMITED TO: LABOR DISTURBANCE, WAR, FIRE, ACCIDENT, ADVERSE WEATHER, INABILITY TO SECURE TRANSPORTATION, GOVERNMENTAL ACT OR REGULATION, AND OTHER CAUSES OR EVENTS BEYOND OUR REASONABLE CONTROL.

  4. IN ALL CASES, WELLZESTA, AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

12. Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Wellzesta and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

13. About these Terms

  1. These Terms control the relationship between Wellzesta and you. They do not create any third party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

  2. If it turns out that a particular term is not enforceable, this will not affect any other terms. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

  3. The laws of North Carolina, U.S.A., excluding North Carolina’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Gaston County, North Carolina, USA, and you and Wellzesta consent to personal jurisdiction in those courts.