Application and Acceptance of the Terms

Use of Wellness Technologies.ai, LLC (“Company,” “we,” or “us”) services, software and products (“Services”) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies that we may publish from time to time.

You or any other user of the Services is referred to below as a “User” and this document and such other rules and policies are collectively referred to below as the “Terms.” By accessing or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services if you do not accept all of the Terms.

You may not use the Services if (a) you have not reached the legal age of consent in your jurisdiction, or (b) applicable laws prohibit you from receiving the Services.

We may amend the Terms by posting the revised Terms on our website. By continuing to use the Services after the revised Terms are posted, you agree to be bound by the revised Terms.

Separate agreements may be required for certain Services. In the event of a conflict between the Terms and a separate agreement, the separate agreement will prevail with respect to that specific Service.

We provide our Services throughout the world, but some Services may not be available in all countries. We do not guarantee that all Services will be suitable for users in all locations. We reserve the right to limit, deny or condition access to any Services at our discretion.

We may update, modify, suspend or stop any Services at any time with or without prior notice, except that paid Services will require at least 14 days’ notice of material changes. Some of our Services may be provided by our affiliates on our behalf.

Users
To access or use our Services, you must adhere to all applicable laws and regulations.

You agree to use the Services only for your own personal and internal purposes. You agree not to:

a)     Copy, reproduce, download, publish, sell, distribute or resell any of our Services or Services Content.

b)    Compile or use any Services Content to operate a competing business or for any commercial exploitation.

Systematically retrieving Services Content through robots, spiders or other automated means without our written permission is prohibited. Any unauthorized use of Services Content is prohibited.

You must read and accept our Privacy Policy, which governs how we handle any personal information about users.

You agree not to take any actions that undermine the integrity of our computer systems, networks or other users’ systems.

Member Accounts

Some Services require registration (“Members”).

Upon registration, we assign an account, member ID and initial password.

Each member ID and password is unique to an individual account. You are responsible for maintaining the confidentiality and security of your account credentials.

You must notify us immediately of any unauthorized account use.

All activity under your account is deemed authorized by you.

Allowing multiple users to access your account (“multiple use”) may harm us or other users. You agree to indemnify us against any losses from multiple use of your account. If we detect multiple use of your account, we may suspend or terminate it without liability.

Member Responsibilities
You affirm that you are authorized to accept the Terms, grant licenses, and perform obligations.

You agree the Services are for business use only, not individual or consumer use.

You must provide accurate information during registration and keep it up-to-date.

You agree to:

·      Comply with all applicable laws and regulations
·      Provide true, accurate, and up-to-date information
·      Act in good faith
·      Comply with the Terms and Separate Agreements
·      Refrain from illegal, fraudulent, infringing, or damaging activities

You agree to cooperate with and assist us in providing Services, investigating breaches, and handling complaints. If your lack of cooperation delays, suspends or stops Services, we are not obligated to extend service periods or compensate you for resulting losses.

We do not verify the accuracy of your information. You are responsible for maintaining accuracy.

We do not actively monitor or control user content and do not endorse it. You are responsible for your communications and content.

You are responsible for ensuring your use complies with laws.

We may suspend or terminate your account for breaching affiliates’ agreements.

You indemnify us against losses resulting from your use of the Services.

Breaches by Members
If we believe in good faith that you breached the Terms, we may take the following actions without liability:

·      Issue a warning
·      Remove content you submitted
·      Restrict the number of listings you can post
·      Restrict your use of Services features for a time
·      Suspend or terminate your account
·      We may also restrict your access to other Services.

Grounds for action include:

·      Third party claims or complaints about you
·      Suspicion of fraudulent activity
·      Providing inaccurate, incomplete or misleading information
·      Actions that may cause financial loss, liability, or harm others

We may cooperate with authorities investigating suspected illegal activity. We may disclose your identity if requested legally or to investigate third party claims.

If an affiliate notifies us that you breached an agreement with them in a dishonest or fraudulent manner, we may limit, suspend or terminate your account.

You agree to indemnify us, our affiliates, employees and representatives against losses from your Services use or content.

We are not responsible for user content or materials. You bear all risk related to them.

We may take over the exclusive defense of matters you are required to indemnify us for. You agree to cooperate with our defense.

Transactions Made Through the Services
We provide platforms that enable users (buyers and sellers) to connect and transact. However, we do not represent either party in specific transactions and are not involved in the actual transactions.

Users are responsible for evaluating all parties, products and services involved in their transactions. We cannot confirm every user’s identity or vouch for other users. Use common sense and due diligence when transacting through the Services.

You acknowledge and assume all risks associated with transactions through the Services. You release and indemnify us against any losses resulting from your transactions.

Risks include but are not limited to:

·      Misrepresentation
·      Fraud
·      Poor quality products
·      Illegal products
·      Delays or defaults
·      Cost miscalculations
·      Breach of warranty or contract
·      Transportation accidents

You are responsible for all terms, payments, returns, warranties, shipping, insurance, fees, taxes, licenses, and other aspects of your transactions.

You agree to provide information and materials reasonably required to provide the Services. We may suspend or terminate your account for failure to do so.

If you have a dispute with any party to a transaction, you release and indemnify us against all resulting claims, costs, and damages.

Limitation of Liability
USE OF WELLNESS TECHNOLOGIES.AI, LLC (“COMPANY,” “WE,” OR “US”) SERVICES, SOFTWARE AND PRODUCTS (“SERVICES”) IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT AS WELL AS THE PRIVACY POLICY AND ANY OTHER RULES AND POLICIES THAT WE MAY PUBLISH FROM TIME TO TIME. YOU OR ANY OTHER USER OF THE SERVICES IS REFERRED TO BELOW AS A “USER” AND THIS DOCUMENT AND SUCH OTHER RULES AND POLICIES ARE COLLECTIVELY REFERRED TO BELOW AS THE “TERMS.” BY ACCESSING OR USING THE SERVICES, YOU AGREE TO ACCEPT AND BE BOUND BY THE TERMS. PLEASE DO NOT USE THE SERVICES IF YOU DO NOT ACCEPT ALL OF THE TERMS.

YOU MAY NOT USE THE SERVICES IF (A) YOU HAVE NOT REACHED THE LEGAL AGE OF CONSENT IN YOUR JURISDICTION, OR (B) APPLICABLE LAWS PROHIBIT YOU FROM RECEIVING THE SERVICES.

WE MAY AMEND THE TERMS BY POSTING THE REVISED TERMS ON OUR WEBSITE. BY CONTINUING TO USE THE SERVICES AFTER THE REVISED TERMS ARE POSTED, YOU AGREE TO BE BOUND BY THE REVISED TERMS.

SEPARATE AGREEMENTS MAY BE REQUIRED FOR CERTAIN SERVICES. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND A SEPARATE AGREEMENT, THE SEPARATE AGREEMENT WILL PREVAIL WITH RESPECT TO THAT SPECIFIC SERVICE.

WE PROVIDE OUR SERVICES THROUGHOUT THE WORLD, BUT SOME SERVICES MAY NOT BE AVAILABLE IN ALL COUNTRIES. WE DO NOT GUARANTEE THAT ALL SERVICES WILL BE SUITABLE FOR USERS IN ALL LOCATIONS. WE RESERVE THE RIGHT TO LIMIT, DENY OR CONDITION ACCESS TO ANY SERVICES AT OUR DISCRETION.

WE MAY UPDATE, MODIFY, SUSPEND OR STOP ANY SERVICES AT ANY TIME WITH OR WITHOUT PRIOR NOTICE, EXCEPT THAT PAID SERVICES WILL REQUIRE AT LEAST 14 DAYS’ NOTICE OF MATERIAL CHANGES. SOME OF OUR SERVICES MAY BE PROVIDED BY OUR AFFILIATES ON OUR BEHALF.

The Wellness Technologies.AI Services are provided “as is” without any warranties. Any implied warranties are disclaimed.

We make no representations or warranties regarding the validity, accuracy, or legality of information on the Services or the suitability of products or services displayed on the Services.

Any material downloaded or obtained through the Services is at your sole discretion and risk. We provide no warranty related to any downloads.

You agree to indemnify us against any claims, losses, damages, costs arising from your use of the Services, including from information you provide or material you post.

You agree to indemnify us against claims arising from your breach of the Terms.

You agree to indemnify us against claims relating to products offered through the Services, including intellectual property and product liability claims. We reserve the right to assume the exclusive defense of matters you are required to indemnify us for.

We are not liable for:

·      Issues using the Services
·      System malfunctions
·      Claims relating to intellectual property
·      Actions of other users
·      Unauthorized access to your data
·      Statements of other users, including fraudulent or criminal use
·      Matters relating to Services, including our own negligence
Our liability to you is limited to the greater of fees paid in the relevant period or $100. Actual damages must still be proven.

As a user of this app, you are solely responsible for complying with privacy laws regarding any data you store. We do not provide Business Associate Agreements.

All claims are subject to the above liability limitations, which apply to the fullest extent permitted by law.

Force Majeure

Wellness Technologies.ai will make good faith efforts to provide the Services and fulfill obligations, but is not responsible for delays, failures, or disruptions due to causes beyond our reasonable control. These causes may include:

·      Natural disasters
·      Equipment or power failures
·      Labor disputes and shortages
·      Internet or network failures
·      Acts of terrorism, war or civil unrest
·      Government actions or orders
·      Non-performance of third parties

In the event of any delay, failure, or disruption due to such causes, we will make reasonable efforts mitigate the impact, but will not be responsible for damages or failure to meet Service Level Agreements or contractual obligations resulting from the delay, failure, or disruption.

This limitation of liability applies to the fullest extent permitted by applicable law.

Intellectual Property

The Services, content, features, and functionality (including trademarks, logos, look and feel) are owned by Wellness Technologies.ai and protected by copyright, trademark, patent and other intellectual property laws.

You must not copy, modify, distribute, display, perform, reproduce, create derivative works or republish any of our content, except as permitted by the Services.

Information, data, text, software, scripts, graphics, photos, videos, audio and other materials on the Services (“Content”) are owned by us or third parties.

You represent that any User Content you submit does not infringe others’ copyrights, patents, trademarks, trade secrets or other rights. You represent that you have the right to provide the User Content and sell any related products or services.

You agree that User Content you submit will:
·      Be accurate, complete and lawful
·      Not be false, misleading or deceptive
·      Not be defamatory, obscene, offensive, violent or hateful
·      Comply with laws and the Terms
·      Not infringe others’ rights

By submitting Content, you grant us a non-exclusive, transferable, sublicensable, worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute the Content. You also grant our users a license to access and use your Content. We do not guarantee any Content will be available on the Services.

We may remove or modify any Content at any time for any reason.

You may use the Services for legitimate business purposes, provided your use is lawful and complies with the Content Standards. Prohibited uses include violating laws, hacking the Services, or violating others’ rights.

Any trademarks, logos or content of independent third parties used on the Services cannot be used without written approval.

Notices

Legal notices to Wellness Technologies.ai must be sent by courier, certified mail or email to:

Wellness Technologies.ai, LLC
115 Plum Industrial Ct.
Pittsburgh, PA 15235

Notices will be effective when received.

Notices to you will be effective if delivered personally, by courier, certified mail, fax, email or posted on a publicly accessible area of the Services. You agree that electronic notices satisfy legal requirements that notices be in writing.

Notices to you will be deemed received when:
·      We can demonstrate communication was sent to you
·      Posted publicly on the Services

Specific Copyright Infringement Notices:

DMCA Notice and Policy

Wellness Technologies.ai respects the intellectual property of others. Users agree to comply with intellectual property laws in using the Services.

We do not undertake to review all content before it is posted. We assume no liability regarding user content or third-party communications.

If required by law, we may disclose user information in response to a valid legal request. You waive any claims against us related to such disclosures.

If you believe content infringes your copyright, send a written DMCA takedown notice including:
1.     A signature of a person authorized to act on behalf of the copyright owner
2.     Identification of the copyrighted work
3.     Identification and location of the infringing material
4.     Contact information
5.     A statement that you have a good faith belief the use is unauthorized
6.     A statement that the information is accurate and under penalty of perjury

Send notices to:
Wellness Technologies.ai, LLC
115 Plum Industrial Ct.
Pittsburgh, PA 15235

After validating a DMCA notice, we will remove or disable access to infringing material. Repeat infringers may have their access terminated.

DMCA counter-notifications are handled according to the law.

General Provisions

You and Wellness Technologies.ai are independent contractors. Our agreement does not create a partnership, joint venture, employer-employee, or franchisor-franchisee relationship.

The Terms constitute the entire agreement between you and us regarding the Services. If any part is held invalid, illegal, or unenforceable, the Terms will continue in full force with the invalid part limited or eliminated.

Headings are for convenience only and do not define or limit the Terms.

Our failure to enforce any part of the Terms does not waive our right to later enforce that or any other part.

We may assign the Terms, including all rights, obligations and duties to any entity (including affiliates). You may not assign any part of the Terms.

The Terms are governed by the laws of Pennsylvania, United States, without regard to conflict of law provisions. You submit to the exclusive jurisdiction of federal and state courts in Pennsylvania.

Client Low Calorie Diet Acknowledgement

The Wellness Technologies.ai mobile app allows users to safely utilize the app for weight loss programs through a structured diet plan. Any company or organization using the app should ensure their clients follow a diet of at least 800 daily calories for safe weight loss, as recommended by medical professionals.

Individual clients using the app are solely responsible for monitoring and complying with their assigned calorie intake level.

If a client chooses to consume less than 800 daily calories, it is at their own risk. Clients should not reduce calories below 800 without approval and supervision from a licensed healthcare provider.

Any client consuming under 800 calories releases and holds harmless the company or organization providing access to the Wellness Technologies.ai app. The releasing party will indemnify and not hold liable that company or organization for any health issues arising from the low-calorie diet.

On behalf of themselves and successors, the releasing party hereby discharges the company or organization providing the Wellness Technologies.ai app from any responsibility or liability relating to health problems from under-consuming calories, including claims of negligence.

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