WellBe Gym App Terms Of Use
WellBe Ltd. (“WellBe”, “we”, “our”) welcomes you (the “User(s)”, or “you”) in your purchase of the Wellbe bracelet device, including the hardware, software and any updates related thereto that may be provided by Wellbe in connection with the device (respectively, the “Software” and the “Bracelet”) and our mobile application known as “WellBe” (the “App” as further detailed below). Users should use our Bracelet and App in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
By purchasing the Bracelet, connecting such Bracelet to the App and/or by entering, connecting to, accessing or using the Software and/or App, and/or by installing the App on your mobile device, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (collectively, the “Terms”, available at https://thewellbe.com/pages/terms-of-use and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between WellBe and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE BRACELET AND/OR SOFTWARE AND/OR APP IN ANY MANNER, DO NOT INSTALL THE APP OR PROMPTLY ERASE THE APP FROM YOUR DEVICE. YOU MAY RETURN YOUR BRACELET IN ACCORDANCE WITH THE RETURN POLICY https://thewellbe.com/pages/return-policy.
Our Bracelet and App are available only to individuals who are (a) at least 13 years of age; and (b) possess the legal authority to enter into these Terms of Use, to purchase the Bracelet, use the App and/or Service (as defined hereunder) in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder. If you are 13 or older but under the age of 18, You should review the Terms with Your parent or guardian to make sure that You and Your parent or guardian understand them and agree to be bound by them and to comply with all applicable laws and regulations regarding the use of the Service.
2. The Bracelet and App
WellBe is a tool that encourages a healthy lifestyle by allowing Users to track and monitor everyday stress and help reduce the impact of stress levels through well-being exercises for the purpose of retaining a calm state of being. The App integrates information from the WellBe Bracelet, which is a discreet wearable electronic body monitoring device which connects through a Bluetooth protocol to your mobile device to track your emotional and mental well-being. Such information includes, inter alia, Users’ GPS location, measurement of stress levels, as well as meetings and social interactions encountered throughout the day, all in order to adapt such information into ongoing notifications regarding stress management and into practical well-being exercises.
In addition, the App may include the sending of push-notifications and messages. You can deactivate the push-notifications at any time by changing your settings within our services (Android). Please note that the App may only be available for certain operating systems (mainly, Android and iOS). The User may only download and use the App on a device running a validly licensed copy of the operating system on which the App was designed to operate.
(Collectively: the “Service”)
WELLBE HOPES TO OFFER USERS INFORMATION REGARDING THEIR EMOTIONAL AND MENTAL WELL-BEING. THE SERVICE IS SOLELY AIMED TOWARDS GENERAL WELLNESS AND DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR PROFESSIONAL SERVICE. THE USER SHOULD ALWAYS CONSULT WITH A QUALIFIED PERSONAL MEDICAL ADVISOR.
IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE WELLBE BRACELET AND/OR SERVICE AND CONSULT WITH A MEDICAL PROFESSIONAL. WELLBE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, DOCTORS, PRODUCTS PROCEDURES OR OTHER MEDICAL TREATMENT. WELLBE IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM THE USE OF THE BRACELET, APP AND/OR SERVICE.
THE CONTENT, INCLUDING ANY INFORMATION, MATERIAL, DATA AND THE RESULTS OF THE USER’S USE OF THE BRACELET, IS MADE AVAILABLE FOR PERSONAL USE ONLY, AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE.
PLEASE NOTE THAT THE SERVICE IS PROVIDED FOR GENERAL WELLNESS PURPOSES ONLY, AND AS SUCH THE BRACELET IS NOT FDA APPROVED.
WELLBE DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE BRACELET AND/OR SOFTWARE AND/OR APP AND/OR THE SERVICE AND ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE THEREOF. WE DO NOT GUARANTEE THAT ANY OF THE USERS’ NEEDS WILL BE FULFILLED.
Note: You must pay certain fees in order to receive the Bracelet. Use of the App is entirely free of charge, however some services through the App may require additional fee. WellBe also reserves the right to charge fees for such use of the App in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
The Software and/or App automatically collect personally identifiable information and may provide you with additional resources such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Bracelet, Software and/or App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Bracelet, Software and/or App (collectively, the “Content”).
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP AND/OR SOFTWARE AND/OR BRACELET ARE RESERVED TO WELLBE. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP AND/OR SOFTWARE AND/OR BRACELET AND/OR THE CONTENT AVAILABLE THEREIN, AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS. WELLBE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR SOFTWARE AND/OR, THE CONTENT AVAILABLE THEREIN AND/OR THE SERVICE.
YOUR USE OF THE APP AND/OR SOFTWARE AND/OR BRACELET AND/OR CONTENT AVAILABLE THEREIN AND/OR SERVICE IS ENTIRELY AT YOUR OWN RISK.
3. Registration
Users who purchased a Bracelet can pair such Bracelet with the App by completing a registration process. For such purpose, Users who wish to access the App can open an Account (the “Account”), wherein they will provide their Bracelet identification and complete the registration process in the App. Registration may also be done by using an existing social network account (e.g., Facebook), as further detailed in our Privacy Policy.
Thereafter, WellBe will automatically collect personally identifiable information from the User’s Bracelet, including, inter alia, GPS location, measurement of stress levels, as well as meetings and social interactions encountered throughout the day, all for the purpose of monitoring the User’s mental and emotional state and adapting such information into ongoing notifications regarding stress management and into practical well-being exercises.
Please note that the App communicates with the Bracelet via the Bluetooth protocol. Therefore, it is required to sync between your mobile device and the Bracelet. It is possible to use the App without the Bracelet, however, in this case Users will not be able to receive feedback regarding their mental and emotional state.
You may not have more than one (1) active Account. Your Account is password protected. In order to protect the security of your Personal Information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You are solely and fully responsible for maintaining the confidentiality of the password and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of WellBe. You must notify us immediately of any unauthorized use of your Account or any other breach. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security. CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
4. User Restrictions
There are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at WellBe’s sole discretion) in the termination of your use of the App and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by WellBe, you may not (and you may not permit anyone to: (a) use the App and/or Software and/or Bracelet for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Content for non-personal or commercial purposes without WellBe’s express prior written consent; (c) remove or disassociate, from the Content and/or the App and/or Software and/or Bracelet any restrictions and signs indicating proprietary rights of WellBe or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the App and/or Software and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the App and/or Software and/or Bracelet or the servers or networks that host the App and/or Software, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) impersonate any person or entity, including, but not limited to, any WellBe Representative (as such term is defined below), or falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that WellBe or any WellBe Representative endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the App and/or Software and/or Bracelet; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by WellBe on or through the App and/or Software and/or Bracelet, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to WellBe’s proprietary rights, including WellBe’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms or under applicable laws; (k) make any use of the Content on any other site or networked computer environment for any purpose without WellBe’s prior written consent; (l) create a browser or border environment around WellBe Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the App and/or Software and/or Bracelet and/or Content and/or User Generated Content; (n) create a database by systematically downloading and storing all or any of the Content or User Generated Content from the App and/or Software; (o) transmit or otherwise make available in connection with the App and/or Software any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (p) infringe and/or violate any of the Terms.
5. Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Software and/or App. Our policy and practices and the type of information collected are described in detail in our Privacy Policy https://thewellbe.com/pages/privacy-policy which is incorporated herein by reference. You agree that WellBe may use personal information that you provide or make available to WellBe in accordance with the Privacy Policy. If you intend to connect to, access or use the Software and/or App you must first read and agree to the Privacy Policy.
6. Intellectual Property Rights and License
Your use of the Software and the App is subject to these license terms. The Software, App, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to WellBe and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
Subject to the terms hereof, WellBe hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to: (i) use the Software and any updates thereof which may be installed unto your Bracelet; (ii) download and use the App on your authorized mobile device that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law; and (iii) use the Bracelet’ software, the App, and/or Service and the Content provided in the Bracelet and/or App in accordance with the Terms contained in this Agreement.
The Terms do not convey to you an interest in or to the WellBe Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of WellBe’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to WellBe regarding the Software and/or App (“Feedback”), WellBe shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any WellBe current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require WellBe to comply with any additional obligations with respect to any WellBe current or future products, technologies or services that incorporate any Feedback.
WellBe has no obligation to provide upgrades or new releases of the Software and/or App under these Terms. Without derogating from the above, if WellBe supplies to you any updates, upgrades and any new versions of the Software and/or App (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Software and/or App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Software and/or App shall include such Updates.
7. Trademarks and Trade names
“WellBe”, “WellBe Digital”, WellBe™, WellBe’s marks and logos and all other proprietary identifiers used by WellBe in connection with the Bracelet and/or Software and/or App and/or Service (“WellBe Trademarks”) are all trademarks and/or trade names of WellBe, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Bracelet and/or Software and/or App belong to their respective owners (“Third Party Marks”). No right, license, or interest to WellBe Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
8. Links to Third Party Sites
Certain links provided herein permits you to leave the App and enter non-WellBe sites or services. Those linked sites and services are provided solely as a convenience to you. The inclusion of such links does not imply endorsement of the sites and services by WellBe or any association with the operators of such sites and resources. These linked sites and services are not under our control. We are not responsible for the availability of such external sites or services, do not endorse them and we are not responsible or liable for any content or other information available via such linked sites and services. In addition, WellBe is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. WellBe reserves the right to terminate any link at any time. You further acknowledge and agree that WellBe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
9. Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider“) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). It is your responsibility to determine what Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
Apple Inc.
The following applies to you if you downloaded the App from the Apple App Store (“iTunes-Sourced Software“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, as well as accessed and used by other accounts associated with you via Family Sharing (as set forth in the Apple App store Terms of Service) (ii) these Terms are solely between you and WellBe, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to WellBe as provider of the App.
WellBe and you acknowledge that WellBe, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, WellBe, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
10. Social Media Features
The Service may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, Youtube, Facebook, Google+ and e-mail etc.) (“Social Features”).
The Social Features are operated or allow for social integration with certain third party social networks or third party platforms (“Social Network” or “Platform”). These are created and maintained by third parties who are not affiliated with and/or controlled by WellBe. If you enable this integration, your use of the Social Features is subject to the applicable third party Social Network or Platform terms of use and privacy policies. If you do not agree to the practices described in such terms you should disable our App’s integration with such Social Networks or Platforms, however you may find that you are not able to enjoy all the features available by our Service. WellBe is not responsible and has no liability for your use of such Social Networks or Platforms.
11. Online Payment Services
Some payments to the Company are processed via certain online payment methods and service providers, such as Paypal (“Online Payment Services”). We may add or change payment methods or such service providers at our sole discretion. The Online Payment Services enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with the providers of such Online Payment Services, as each is an independent contractor, neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The use of the Online Payment Services is at your sole discretion and liability. It is your responsibility to abide by all the terms specified by the Online Payment Services’ providers in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Services in connection with our services.
12. Special provisions relating to Third Party Components
The Software and/or App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Software and/or App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Software and/or App and WellBe disclaims all liability related thereto. You acknowledge that WellBe is not the author, owner or licensor of any Third Party Components, and that WellBe makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Software and/or App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
13. Availability
The Software’s and/or App’s and/or the Services’ availability and functionality depends on various factors, such as communication networks, software, hardware, service providers and contractors of WellBe or other third parties. WellBe does not warrant or guarantee that the App and/or Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
14. Misconduct, Copyright and Content Policy
We care for your safety. If you believe a User acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address: info@thewellbe.com.
WellBe respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to WellBe’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Infringement claims and notices should be sent to the attention of WellBe’s Copyright Agent by mail to: info@thewellbe.com.
Please note that any person who knowingly materially misrepresents under this Section (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.
15. Changes to the Software and/or App
WellBe reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Software and/or App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Software and/or App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that WellBe shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Software and/or App or the Content included therein. You hereby agree that WellBe is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If WellBe supplies to you any updates, upgrades and any new versions of the Software and/or App (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Software and/or App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Software and/or App shall include such Updates. For clarity, WellBe has no obligation to provide Updates.
16. Disclaimers and Warranties
THIS SECTION ADDS TO AND DOES NOT DEROGATE FROM ANY OTHER DISCLAIMERS CONTAINED IN THESE TERMS. PLEASE NOTE THAT YOUR BRACELET MAY BE ACCOMPANIED BY OTHER CONSUMER WARRANTY STATEMENTS WHICH MAY BE ATTACHED TO THE BRACELET AT THE TIME OF PURCHASE. SUCH WARRANTY ONLY COVERS BASIC FUNCTIONALITY OF YOUR BRACELET AND DOES NOT EXTEND TO WELLBE’S SERVICES.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WELLBE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS. (COLLECTIVELY, “WELLBE’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENT ARE PROVIDED FOR PERSONAL USE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL OR PARAMEDICAL ADVICE OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU SHOULD MAKE ALL MEDICAL OR HEALTH RELATED DECISIONS ON THE BASIS OF PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. PLEASE NOTE THE BRACELET IS NOT FDA APPROVED.
WELLBE DOES NOT WARRANT NOR GUARANTEE ANY CONTENT AND INFORMATION PROVIDED THROUGH THE BRACELET AND/OR APP AND/OR SOFTWARE, AND ASSUMES NO LIABILITY, WITH RESPECT TO SUCH CONTENT AND INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT AND INFORMATION PRESENTED ON THE BRACELET AND/OR APP AND/OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, STRESS MEASUREMENT AND MANAGEMENT AND OTHER WELL-BEING EXERCISES PROVIDED THROUGH IT, SHOULD BE USED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND YOU SHOULD NOT RELY ON THE ACCURACY OF SUCH CONTENT AND INFORMATION. WE CANNOT ASSUME ANY RESPONSIBILITY FOR UPDATING OR CORRECTING ANY SUCH CONTENT AND/OR INFORMATION ONCE IT HAS BEEN GIVEN. WE CANNOT AND DO NOT GUARANTEE THAT USING WELLBE’S SERVICES WOULD IMPROVE YOUR MENTAL AND EMOTIONAL WELLBEING OR STRESS LEVELS, AND WE URGE YOU TO SEEK PROFESSIONAL ASSISTANCE FOR SUCH PURPOSES.
WELLBE AND WELLBE’S REPRESENTATIVES DO NOT WARRANT THAT: (I) THE USE AND OPERATION OF THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (II) WELLBE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, THE SOFTWARE AND/OR THE BRACELET; (III) THE APP AND/OR SOFTWARE WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WELLBE AND WELLBE’S REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS; (IV) THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENT AND/OR THE SERVICES WILL BE AVAILABLE THEREON OR THROUGH THE APP, THE SOFTWARE AND/OR THE BRACELET (INCLUDING THAT THE RESULTS OF USING THE APP AND/OR SOFTWARE AND/OR BRACELET WILL MEET YOUR REQUIREMENTS). WELLBE AND WELLBE’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR SOFTWARE AND/OR BRACELET, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENT, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED THEREIN.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN WELLBE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
YOU AGREE THAT USE THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
17. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL WELLBE, INCLUDING WELLBE’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENT AND/OR THE FAILURE OF THE BRACELET AND/OR SOFTWARE AND/OR APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF WELLBE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF WELLBE OR WELLBE’S REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WELLBE (OR WELLBE’S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, WELLBE AND WELLBE’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP, THE SOFTWARE, THE BRACELET, THE SERVICE AND/OR THE CONTENTSHALL BE LIMITED TO $US10.00.
THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM WELLBE’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
18. Indemnification
You agree to defend, indemnify and hold harmless WellBe, including WellBe’s Representatives from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Bracelet and/or Software and/or App and/or Content and/or Services; (ii) your violation of any of these Terms; (iii) your violation of any third party rights in connection with your use of the Bracelet and/or Software and/or App, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Bracelet and/or Software and/or App. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
19. Amendments to the Terms
WellBe may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
20. Termination or Suspension of your Account, Termination of these Terms and the Termination of the App’s operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply with the Terms, WellBe may, without notice, temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by uninstalling our App and stopping your use thereof, of the Software and of the Bracelet and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, delete and destroy all copies of the App in your possession or control and to certify to WellBe if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, WellBe may at any times, at its sole discretion, cease the operation of the services which are provided to you via the Software and/or App, or any part thereof, temporarily or permanently, delete any information from the Software and/or App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that WellBe does not assume any responsibility with respect to, or in connection with the termination of the Software and/or App’s operation and loss of any data.
Without limiting the generality of the foregoing, we note that we can terminate or suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of WellBe, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such termination or suspension. During such termination or suspension, you will not have the ability to use or access your Account and any data therein. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
21. Export and the Location of the User
The App, Software and the Bracelet may be subject to applicable export control laws. You agree that you will not ship, transfer, or export the App, Software and the Bracelet into any country, or make available or use the App, Software and the Bracelet in any manner, prohibited by applicable laws.
In addition, the you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties.
22. General
(a) These Terms constitute the entire terms and conditions between you and WellBe relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings between you and WellBe, (b) any claim relating to the App, Software and the Bracelet or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App, Software and the Bracelet will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the district of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, WellBe may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP, SOFTWARE AND THE BRACELET MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by WellBe, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
23. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to info@thewellbe.com and we will make an effort to reply within a reasonable timeframe.