This Agreement of Use and End User License Agreement (collectively, the Agreement), together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Appbloom LLC (“we”, “us” or “our”), concerning your access to and use of Wellhero software application for mobile devices (“App”) and our Websites (https://wellhero.co/ and the relating landing pages, if any), hereinafter collectively referred to as “Services”. The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you download, install or use the App or access our Websites.
It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement. With regard to Websites, you agree to the corresponding terms of this Agreement once you access and use our Websites unless we do specifically ask for your consent.
If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control or cease accessing and use of our Websites.
This Agreement is not concluded with Apple, Inc., any of its subsidiaries or any other entity as may apply.
Changes to this agreement
We reserve the right, at our sole discretion, to modify this Agreement from time to time. We will keep you informed about any changes by updating this Agreement. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. We ask you to review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date the revised Agreement is posted or once you have been notified of the modifications where applicable.
Who can access Wellhero?
You must be at least 13 to use the App and access Wellhero’s content (16 for European Economic Area and United Kingdom residents).
We do not knowingly collect personal information from children under 13 (16 for European Economic Area and United Kingdom residents).
We do not allow people to use the App and access Wellhero if they are younger than 13 (16 for European Economic Area and United Kingdom residents).
Some of the App functions are limited for users that are younger than 18.
If you are aware of anyone that does not comply with these limitations, please contact us at [email protected], and we will take the necessary steps to delete or terminate their account.
App, Website and Content are not intended to provide medical advice, diagnosis, or treatment
THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, OR PROVIDE SERVICES AS A CERTIFIED FITNESS OR SPORT TRAINER. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS.
SOME TRANSLATIONS ON WELLHERO APP OR WEBSITE ARE POWERED BY MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE. APPBLOOM DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Use at your own risk
Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes.
Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, advice, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
Use of mobile devices
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
Subscriptions and billing
Subscriptions.
We may offer you the opportunity to purchase subscriptions that provide access to certain content, products or services for a specified period of time. Subscriptions continue indefinitely. We charge you on-going fees automatically on a regular basis until cancelled. We explain the on-going fees, the billing frequency and how to cancel before you purchase.
Certain content, products or services included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren’t working out as planned. The features and content contained in the App may differ by country, language, relevant store, version or device.
By accessing Wellhero you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by Wellhero regarding such functionality or features.
Wellhero App is available via the third-party platform operator Apple App Store. Therefore, when you make a purchase, you may additionally enter into a separate contract with the respective third-party service provider providing your app store, whose terms and conditions may apply. Depending on the respective third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.
Billing.
You may purchase the subscription on a recurring basis disclosed to you prior to your purchase directly from Wellhero or through a third party by paying a subscription fee plus applicable taxes in advance.
Trial.
Some of our subscriptions include a trial period, where you can experience the application for a specified period at no cost or at a reduced price (“Trial”). Trials will automatically convert into ongoing paid subscriptions at the end of the trial period. To avoid being charged, you must cancel your subscription prior to the expiration of the trial period. Please review all applicable terms carefully before you sign up for Trial.
Price and tax changes.
Wellhero may from time to time make changes to subscription, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
If we discover an error in the price of items you have purchased, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your purchase will be automatically cancelled.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Renewal.
Your payment for Wellhero or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.
Cancellation.
You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period.
If you purchase your subscription through a third party, contact them for information about billing, cancellation and refunds.
Promotional offers.
From time to time you may have the opportunity to purchase a subscription in the form of Promotional offer. Promotional offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, subscription automatically continues at the then-current regular price (subject to change), unless cancelled, plus applicable taxes.
Maintenance and updates
From time to time, it may become necessary to change, expand, upgrade and improve the App to ensure it is functioning properly. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App.
Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.We may indefinitely suspend, or discontinue online access to content associated with the App at any time, including for service deprecations, maintenance services, or upgrades, without prior notice or liability. We may also discontinue offering certain content or features. For any content or features that use online servers, we make no commitment to continue to make those servers available.
Third-Party Services and links
The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, the Company is not responsible for the privacy practices of such Third Party Services and does not assume any liability associated with such Third Party Services. Your linking to or use of any Third Party Services other than the App is at your own risk. The Company’s inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third Party Services and should not be deemed as such by any user of the App. The Company disclaims any responsibility for the products or services offered or the information contained on any Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
You shall not link to our websites, app, content or services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
Your feedback
We welcome your feedback about the Wellhero App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.
Notice and takedown procedures
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorised representative.
7. In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
Other provisions
We may modify this Agreement from time to time if we think it is necessary (e.g. for legal reasons or to reflect changes in the App, website). If we materially change the Agreement, we will make the update Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice).
Once we change the Agreement, it will become legally binding on you thirty (30) days after we post it online. During that period, you are welcome to contact us at support@wellhero.co if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you email us), then unfortunately we need to ask you to cease using Wellhero App, and access the website. We are sorry we have to say that, but we hope you will appreciate that for Wellhero to work properly we need to have everyone using it under the same rules instead of different people having different rules. That is why we encourage you to get in contact if you have queries or concerns.
If you don’t agree to the new terms, you should stop using our services. Your continued use of the services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
Successors and Assigns. This agreement ensures the benefit of the parties, including any of our successors in interest. We have the right to assign our rights and obligations under this agreement to any affiliates or to any Wellhero Entity.
If for any reason an arbitrator, an arbitral or other tribunal, or a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in arbitral, judicial or administrative proceedings.
No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
Upon termination of this Agreement, all provisions of this Agreement that by their nature, should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.
Governing Law
To the fullest extent permitted pursuant to applicable law, this Agreement shall be governed by the laws of the State of Wyoming, U.S.A. (to the exclusion of its conflict of law rules).
Questions, complaints and comments
If you have any comments or questions on any part of the App or any part of these Terms of Use, require support, or have any claims, please contact us at support@wellhero.co.