WELLZON, LLC TERMS OF USE

1. DEFINITIONS.

1. 1.1 “Claim” means any civil, criminal, or administrative action, demand, arbitration, mediation, or proceeding, and all related losses, liabilities, damages, claims, suits, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the WellzOn Platform, Provider Services, or any Content.
2. 1.2 “Content” means ratings, reviews, feedback, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials provided, shared, communicated, submitted, or accessed on the WellzOn Platform.
3. 1.3 “Personal Information” means any information that (a) relates to an identified or identifiable natural person (including names, telephone numbers, addresses, signatures, email addresses, and/or other unique identifiers); or (b) that can reasonably be used to identify or authenticate an individual, directly or indirectly including name, contact information, precise location information, access credentials, persistent identifiers, and any information that may be considered ‘personal data’ or ‘personal information’ under applicable law.
4. 1.4 “WellzOn Data” means any information that WellzOn provides or makes accessible to Provider, including but not limited to Personal Information, medical history, and Confidential Information.

2. ACCEPTANCE OF TERMS.

The WellzOn Platform, which includes the website available at www.wellzonapp.com, the WellzOn mobile application, and the various content, features, and services offered on and in connection with these sites and applications, are owned and operated by WellzOn and can only be accessed and used by you under these Terms. When using or accessing the WellzOn Platform, you shall be subject to any posted agreements, guidelines, or rules that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into these Terms.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE WELLZON PLATFORM, YOU ACKNOWLEDGE THESE TERMS, THAT THESE TERMS GOVERN YOUR USE OF THE WELLZON PLATFORM, AND THAT YOU AGREE TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS, THEN DO NOT USE OR ACCESS THE WELLZON PLATFORM.

3. MODIFICATION OF TERMS.

WellzOn may, in its sole discretion, modify these Terms at any time effective upon posting the modified Terms of Use on and in connection with the WellzOn Platform, with or without additional notice to you. You are responsible for regularly reviewing information posted on the WellzOn Platform to obtain timely notice of such changes. Claims or disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the Claim or dispute arose. If you do not agree to the modified Terms, you agree to immediately stop using the WellzOn Platform and to provide WellzOn notice to remove you from any distribution lists or other communication list that are available to you through your use of the WellzOn Platform. Your continued use of the WellzOn Platform after the revised Terms of Use become effective shall mean you accept and agree to be bound by the modified Terms of Use.

4. WELLZON’S ROLE.

We offer you the right to use a platform that enables Providers to publish and offer wellness treatments and services and Customers to search for and book Provider Services. While we work hard to ensure our Users have great experiences using the WellzOn Platform, we do not and cannot control the conduct of Users. You acknowledge that WellzOn (or its affiliates) has the right, but does not have any obligation, to monitor the use of the WellzOn Platform and verify information provided by our Users. For example, we may record, review, monitor, disable access to, remove, or edit text or in-app messages, phone recordings, or other Content to: (i) operate, secure, and improve the WellzOn Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure User’s compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Users acknowledge and agree that WellzOn administers these Terms, its Policies and any other agreements, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist WellzOn (or its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the WellzOn Platform. WellzOn is not acting as an agent for any User.

5. USE OF THE WELLZON PLATFORM.

Subject to full compliance with these Terms, WellzOn grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the WellzOn Platform for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the WellzOn Platform or any of their content for any purpose except for your personal use and as described in these Terms, without the express written consent of WellzOn. WellzOn may modify, update, suspend or discontinue the WellzOn Platform, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. WellzOn shall not be liable to any user or other third party for any such modification, update, suspension, or discontinuance.

1. 5.1 Eligibility. You must be eighteen (18) years or older to use the WellzOn Platform. If you are under the age of majority where you live, you may only use the WellzOn Platform if your parent or guardian agrees to our Terms. Please read these Terms with them. If you are a parent or legal guardian of a User under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the WellzOn Platform.
2. 5.2 Account Registration and Security. To use the WellzOn Platform, you may need to register for a WellzOn account. You represent and warrant that you are not a person or entity barred from using the WellzOn Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. As a condition of your use of the WellzOn Platform, you must provide true, accurate, current and complete account information, update and maintain the truthfulness, accuracy and completeness of such information, and maintain the security of your account. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must notify us immediately by email at notices@wellzonapp.com of any unauthorized use of your account, any other breach of security, or if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law. You agree not to create an account if we have previously removed you or your account from any of the WellzOn Platform, unless we expressly agree in writing otherwise. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, trade associations, standard-setting organizations, or regulatory bodies, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
3. 5.3 Reviews. Customers will have an opportunity to review and rate (“Review”) each Provider and their Provider Services. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful or otherwise that violates these Terms, applicable law, or WellzOn policy, or right of any other party, or racially, ethnically or otherwise objectionable. Reviews are not verified by WellzOn for accuracy and may be incorrect or misleading. You agree that your Review will be accurate, honest, and truthful, and based upon your actual first-hand experiences with the Provider you are reviewing and rating. WellzOn may, in its sole discretion, choose to remove or not to remove Reviews once published. You do not work for, own any interest in or serve on the board of directors of, any of the Providers for which you submit Reviews; you are not in any way related (by blood, adoption or marriage, if the Provider is an individual) to any of the Providers for which you submit Reviews. You have not received any form of compensation to post Reviews. The Reviews that you provide do not reflect the views of WellzOn, its officers, managers, owners, employees, agents, designees or other users.
4. 5.4 Feedback. WellzOn does not accept nor consider unsolicited creative ideas, materials, or pitches of any kind. If you provide ideas, suggestions, or other feedback about WellzOn, that feedback is not confidential and may be used by us without restriction and without payment to you. WellzOn does not waive any rights to use similar or related ideas previously known to WellzOn, developed by its employees, or obtained from other sources.

6. USER RULES.

As a condition of your access and use of the WellzOn Platform and your ability to provide, share, communicate, submit, or access Content, you agree not to use the WellzOn Platform for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by WellzOn. By way of example, and not as a limitation, you agree not to:

• (a) Violate these Terms, other applicable agreements with WellzOn, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
• (b) Use the WellzOn Platform in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
• (c) Develop or use any applications that interact with the WellzOn Platform without our prior written consent;
• (d) Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with WellzOn, or otherwise attempt to mislead others as to the identity of the sender or the origin of a Review;
• (e) Knowingly provide or submit false or misleading information;
• (f) Falsely or fraudulently claim that the Provider Services you participated in was incorrect, of poor quality, defective, or never performed;
• (g) Use the WellzOn Platform if you are under the age of eighteen (18);
• (h) Take any action that would undermine the review and rating process under the WellzOn Platform;
• (i) Attempt to gain unauthorized access to the WellzOn Platform, other user accounts, or other computer systems or networks connected to the WellzOn Platform;
• (j) Use the WellzOn Platform in any way that could interfere with the rights of WellzOn or the rights of other Users of the WellzOn Platform;
• (k) Interfere with, attempt to interfere with, or attempt to gain unauthorized access to any portion or feature of the WellzOn Platform, interfere with, attempt to interfere with, or attempt to gain access of any User or network or any other systems or networks connected to the WellzOn Platform or to any server used by WellzOn by any illegitimate or unauthorized means, including hacking, sending a virus, overloading, flooding, spamming, or mail-bombing, password ‘mining’;
• (l) Sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms;
• (m) Avoid, bypass, ignore, remove, deactivate, impair, descramble, transmit or submit, or otherwise circumvent any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the WellzOn Platform;
• (n) Access, download, monitor, search, or copy any information contained on our WellzOn Platform through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the WellzOn Platform or any Content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the WellzOn Platform;
• (o) Probe, scan or test the vulnerability of the WellzOn Platform or any network connected to the WellzOn Platform, nor breach the security or authentication measures on or of the WellzOn Platform or any network connected to the WellzOn Platform. You may not reverse look-up, trace, or seek to trace any information on any other User of the WellzOn Platform, or any other Customer of WellzOn, including any WellzOn account not owned by you, to its source, or exploit the WellzOn Platform or any service or information made available or offered by or through the WellzOn Platform, in any way where the purpose is to reveal any information, including but not limited to Personal Information other than your own information, or do anything that might discover source code, except as expressly authorized by WellzOn and provided for by the WellzOn Platform;
• (p) Collect or store any WellzOn Data or Personal Information from the WellzOn Platform from other Users of the WellzOn Platform without their express permission; or
• (q) Encourage or enable any other individual to do any of the foregoing.

In the event that we believe or determine that you have breached any of the aforementioned or any other provision of these Terms, we reserve the right to suspend and/or permanently deactivate your account and participation on the WellzOn Platform, or take other appropriate action at our sole discretion.

7. CONTENT.

Parts of the WellzOn Platform enable you to provide, share, or communicate Content. By providing Content, in whatever form and through whatever means, you grant WellzOn a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the WellzOn Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes Personal Information, you grant to WellzOn all rights necessary to publish or refrain from publishing your name and other information in connection with your Content and such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where WellzOn (including its affiliates) pays for the creation of Content or facilitates its creation, WellzOn (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant WellzOn (including its affiliates) the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Discriminatory, obscene, harassing, deceptive, violent, and illegal content are prohibited from our Content. You agree that WellzOn may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. WellzOn does not guarantee the accuracy or quality of translations and Customers and Providers are responsible for confirming the accuracy of such translations. You represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms.

You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, WellzOn, and others as described and otherwise contemplated in these Terms.

8. THIRD PARTY CONTENT.

The WellzOn Platform may contain information about, and links to, third-party products, services, websites, resources, activities, or events (“Third-Party Content”) that are subject to different terms and privacy practices, and we may allow third parties to make their content and information available on or through the WellzOn Platform. We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content.

9. PROHIBITIONS ON CONTENT.

You are solely responsible for your Content while using the WellzOn Platform, and will not do any of the following:

• (a) Post, upload, create, publish, store, submit, transmit, or otherwise share any Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the WellzOn Platform, or may expose WellzOn or others to any harm or liability of any type;
• (b) Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the WellzOn Platform, or any individual element within the WellzOn Platform, WellzOn’s name, any WellzOn trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from WellzOn or its licensors;
• (c) Modify the WellzOn Platform, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the WellzOn Platform;
• (d) Use the WellzOn Platform or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
• (e) Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the WellzOn Platform for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of WellzOn, which consent may be withheld by WellzOn in our sole discretion; and
• (f) Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the WellzOn Platform or any activities conducted on the WellzOn Platform.

Although we are not obligated to monitor access to or use of the WellzOn Platform or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this Section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this Section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the WellzOn Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In addition, this Section does not create any private right of action on the part of any third-party or any reasonable expectation that the WellzOn Platform will not contain any User Content that is prohibited by such rules.

10. INTELLECTUAL PROPERTY.

1. 10.1 WellzOn Ownership. SSubject to the limited license rights granted under Section 10.2, WellzOn and its licensors exclusively own all right, title, and interest in and to the WellzOn Platform, including all text, graphics, images, audio, video, or other materials made available via the WellzOn Platform, and all associated intellectual property rights. You acknowledge that the WellzOn Platform is protected by intellectual property rights and other laws of the United States of America (“U.S.”) and foreign countries. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the WellzOn Platform. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the WellzOn Platform, except as necessary for your permitted use of the WellzOn Platform. The absence of an intellectual property right or trademark does not constitute a waiver of WellzOn’s intellectual property rights. All third-party trademarks mentioned on the WellzOn Platform are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by WellzOn.
2. 10.2 Limited License Subject to your compliance with these Terms, WellzOn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the WellzOn Platform mobile application on your personal device(s); and (ii) access and view the Content made available on or through the WellzOn Platform and accessible to you, solely for your personal and non-commercial use. Any use of the WellzOn Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.

11. COPYRIGHT COMPLAINTS AND REPEAT INFRINGER POLICY.

If you believe that anything on the WellzOn Platform infringes any copyright that you own or control, you may notify WellzOn’s designated agent as follows:

• E-Mail Address: Lboffill.breedlovelawfirm@gmail.com
• Designated Agent: The Breedlove Law Firm, LLC
• Designated Agent Address: 510 Plaza Drive Suite 2220, Atlanta GA 30349
• Designated Agent Phone Number: (770) 458-0012
• WellzOn Support: support@wellzonapp.com

12. PAYMENT, PRICING, FEES, DISPUTES, REFUNDS.

You understand that: (i) the prices for Provider Services available on the WellzOn Platform may differ from the prices offered or published by other wellness providers for the same treatments and services and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the Provider Service is sold and may change at any time without notice; (ii) WellzOn has no obligation to itemize its costs, profits, or margins when publishing such prices; and (iii) pricing may change at any time, in the discretion of WellzOn and/or the Provider.

1. 12.1 Method If you purchase a Provider Service, gift card, or other item through the WellzOn Platform, you must provide an accurate and up-to-date payment method (“Payment Method”) acceptable by us. You authorize WellzOn to charge any purchase made by you to your designated Payment Method, including the then-current price plus any applicable taxes and fees specified. No transaction is binding on WellzOn until accepted and confirmed by WellzOn. We may update your stored Payment Method using information provided by our payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s) in order to help prevent any interruption to your use of the WellzOn Platform. You are responsible for any additional charges that your Payment Method provider charges. In the event that the charge to your Payment Method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, WellzOn reserves the right to make an additional charge to your Payment Method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. It is your responsibility to keep your billing information up to date.
2. 12.2 Strikethrough Pricing WellzOn may use strikethrough pricing for certain Provider Services (for example, when presenting a discount or promotional price). WellzOn does not represent that the strikethrough price was the regular or former price of the Provider Service for any particular period of time and the time period may vary widely depending on the Provider Service. WellzOn may also rely on Providers or a third party to provide information about the regular or former price of Provider Services offered by those Providers or a third party, and WellzOn’s strikethrough price therefore may represent the price that WellzOn, a Provider, or a third party offered the Provider Service for sale for some period of time. The strikethrough price may also be an introductory price that was offered for a short period of time.
3. 12.3 Promotional Offers. WellzOn, at its sole discretion, may make promotional offers with different features and different pricing to any User. These promotional offers are subject to these Terms and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by WellzOn; (iii) are subject to the specific terms that WellzOn establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. WellzOn reserves the right to withhold or deduct credits or benefits obtained through a promotion, or to charge additional amounts that would have applied to the transaction had the promotion not applied, in the event that WellzOn determines or believes on reasonable grounds that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. WellzOn reserves the right to modify or cancel a promotional offer at any time and you agree that WellzOn may change the terms of the promotional offer at any time.
4. 12.4 Fees. At its sole discretion, WellzOn may change the fees that WellzOn charges you as we deem necessary or appropriate for our business, including but not limited to service fees, delivery fees, and expanded range fees. WellzOn may offer different pricing to Customers based on a variety of factors, including but not limited to geographic areas or usage. WellzOn may also charge you additional fees as required by law. WellzOn may charge you a service fee for the convenience of ordering through the WellzOn Platform. Further, WellzOn may charge Providers payment processing fees on Appointments and may change those fees as we deem necessary or appropriate for our business or to comply with applicable law. WellzOn may charge fees (and applicable taxes) to Providers and Customers for the right to use the WellzOn Platform
5. 12.5 Disputes. If you have any concerns regarding any transactions through the WellzOn Platform, you must raise them with us first and not cancel or reverse charges through your Payment Method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. WellzOn reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your Payment Method is declined.
6. 12.6 Refunds. WellzOn has no obligation to provide refunds (full or partial) but may grant them gratuitously at WellzOn’s sole discretion in accordance with our Refund Policy, unless otherwise required by applicable law.

13. WELLZON PLATFORM RULES.

You must follow these rules and must not help or induce others to break or circumvent these rules:

• (a) Act with integrity and treat others with respect:
  1. (i) Do not lie, misrepresent something or someone, or pretend to be someone else.
  2. (ii) Be polite and respectful when you communicate or interact with others.
  3. (iii) Do not attempt to evade enforcement of these Terms, our policies, other agreements, such as by creating a duplicate account or Listing.
  4. (iv) Do not discriminate against or harass others.
• (b) Do not scrape, hack, reverse engineer, compromise or impair the WellzOn Platform:
  1. (i) Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the WellzOn Platform.
  2. (ii) Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the WellzOn Platform or Content.
  3. (iii) Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the WellzOn Platform.
  4. (iv) Do not take any action that could damage or adversely affect the performance or proper functioning of the Wellzon Platform.
• (c) Only use the WellzOn Platform as authorized by these Terms or another agreement with us:
  1. (i) Do not use the WellzOn Platform or User Personal Information to send commercial messages without their express consent.
  2. (ii) You may use Content made available through the WellzOn Platform solely as necessary to enable your use of the WellzOn Platform as a User.
  3. (iii) Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
  4. (iv) Do not request, make, or accept a booking or any payment outside of the WellzOn Platform to avoid paying fees, taxes or for any other reason.
  5. (v) Do not require or encourage Customers to open an account, leave a Review, complete a survey, or otherwise interact, with a third party website, application or service before, during, or after an Appointment, unless authorized by WellzOn.
  6. (vi) Do not engage in any practices that are intended to manipulate our search algorithm.
  7. (vii) Do not book Provider Services unless you are actually receiving the Provider Services.
  8. (viii) Do not use, copy, display, mirror, or frame the WellzOn Platform, any Content, any WellzOn branding, or any page layout or design without our consent.
• (d) Honor your legal obligations:
  1. (i) Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  2. (ii) If you provide us with someone else’s Personal Information, you must do so in compliance with applicable law, must be authorized to do so, and authorize us to process that information under our Privacy Policy.
  3. (iii) Read and follow our Terms, any WellzOn policies, and any other agreements that apply to you.
  4. (iv) Do not use the name, logo, branding, or trademarks of WellzOn or others without permission, and only as set forth in these Terms.
  5. (v)Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any WellzOn trademarks, logos or branding.
  6. (vi) Do not offer Provider Services that violate the laws or agreements that apply to you
  7. (vii) Do not offer or solicit prostitution or participate in or facilitate human trafficking.

14. REPORTING VIOLATIONS.

If you believe that a Customer, Provider, Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting WellzOn. In addition, if you believe that a Customer, Provider, Listing, or Content has violated these Terms, our policies, or other agreement, you should report your concerns to WellzOn. If you reported an issue to local authorities, WellzOn may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

15. TERM, TERMINATION, SUSPENSION, SURVIVAL, AND OTHER MEASURES.

1. 15.1 Term This Agreement between you and WellzOn is effective when you access the WellzOn Platform and remains in effect until either you or we terminate this Agreement in accordance with these Terms.
2. 15.2 Termination.

   You may terminate this Agreement at any time by sending us an email or by deleting your account. WellzOn may terminate this Agreement and your account for any reason by providing you thirty (30) days’ notice via email or using any other contact information you have provided for your account. WellzOn may also terminate this Agreement immediately and without notice and stop providing access to the WellzOn Platform if you breach these Terms, violate our policies, breach any other agreement applicable to you, or violate applicable laws, or we reasonably believe termination is necessary to protect WellzOn, its Users, or third parties. If your account has been inactive for more than one (1) year, we may terminate your account without prior notice.

   WellzOn reserves the right to change the WellzOn Platform, including to add or remove features and functionalities or change the types of Listings we accept or allow on the WellzOn Platform, including but not limited to, improving or updating our services, preventing abuse, or responding to legal requirements.

3. 15.3 Suspension. If (i) you breach these Terms, any other agreement applicable to you, any WellzOn policies or standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) WellzOn believes it is reasonably necessary to protect WellzOn, its Users, or third parties, WellzOn (or its affiliates) may, with or without prior notice:
   • (a) suspend or limit your access to or use of the WellzOn Platform and/or your account;
   • (b) suspend, remove, disable access to, or restrict visibility of Listings, Reviews, or other Content;
   • (c) cancel pending or confirmed Appointments; or
   • (d) suspend or revoke any special status associated with your account.
4. 15.4 Survival Upon any termination, suspension, or cancellation of your account, all provisions of these Terms, which by their nature should survive, shall survive.
5. 15.5 Legal Measures. WellzOn may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 15.3.

16. DISCLAIMER OF WARRANTIES.

WellzOn does not provide any wellness, medical, or therapeutic services and does not supervise, direct, or control any Provider, Provider Service, or Listing on the WellzOn Platform. WellzOn does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition. You should always consult a medical professional if you have any questions regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the WellzOn Platform or Provider Services. WellzOn does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment.

Your use of the WellzOn Platform and participating in Provider Services is at your sole risk. THE WELLZON PLATFORM, ALL CONTENT, USER, LISTING, AND PROVIDER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND WELLZON HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Listing, Provider Service, or third party; (ii) we do not warrant the performance or non-interruption of the WellzOn Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Providers (if any) will identify past misconduct or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties WellzOn (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

We make no representation or warranty that the WellzOn Platform or Provider Services will meet your requirements or that it will be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the WellzOn Platform, User, Listing, or Provider Services. You assume the entire risk as to the quality and performance of the WellzOn Platform, User, Listing, or Provider Services to the extent permitted by applicable law.

Any material accessed, downloaded, or otherwise obtained through the use of the WellzOn Platform is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from WellzOn or through or from the WellzOn Platform shall create any warranty not expressly stated in the terms.

17. LIMITATIONS OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WELLZON (INCLUDING ITS AFFILIATES AND PERSONNEL) NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WELLZON PLATFORM OR ANY CONTENT WILL BE LIABLE TO USERS, THEIR REPRESENTATIVES, OR PETS, OR THIRD PARTY, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE WELLZON PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE WELLZON PLATFORM, OR (IV) PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF PROVIDER SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WELLZON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WELLZON IS NOT LIABLE FOR ANY CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS BY OR TO USERS, INCLUDING ITS AGENTS, PERSONNEL, REPRESENTATIVES, OR PETS, OR BY OR TO THIRD PARTIES. YOU HEREBY RELEASE WELLZON FROM ANY SUCH DAMAGE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WELLZON CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT FOR PROVIDER SERVICES THROUGH THE USE OF A PAYMENT PROCESSOR COMPANY. YOU UNDERSTAND AND AGREE THAT NEITHER WELLZON, THE PAYMENT PROCESSOR COMPANY NOR ANY OTHER PARTY INVOLVED IN THE PAYMENT PROCESSING PROCESS FOR WELLZON SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF THE FAILURE OF WELLZON TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY WELLZON. YOU HEREBY RELEASE WELLZON AND ANY OTHER PARTY INVOLVED IN THE PAYMENT PROCESSING PROCESS FOR WELLZON FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF WELLZON TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY WELLZON.

WellzOn has no control over and no duty to take any action regarding: other Users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release WellzOn from all liability for you having acquired or not acquired Content through the WellzOn Platform. WellzOn makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the WellzOn Platform, and WellzOn will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the WellzOn Platform.

The WellzOn Platform may display links to other internet sites or resources. Because WellzOn has no control over such sites and resources, you acknowledge and agree that WellzOn is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WellzOn 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 such content, goods or services available on or through any such site or resource.

In no event will WellzOn’s aggregate liability for any Claim or dispute arising out of or in connection with these Terms, your interaction with any User, or your use of or inability to use the WellzOn Platform, any Content, or any Provider Service, exceed five hundred U.S. dollars (US$500).

These limitations of liability and damages are fundamental elements of this Agreement between you and WellzOn.

18. INDEMNIFICATION.

To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold WellzOn, its affiliates, and its personnel harmless from and against any Claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our policies and standards, (ii) your improper use of the WellzOn Platform, (iii) your interaction with any User, a User representative, or a User’s pet, participation in a Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation, or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. You agree to indemnify and hold WellzOn, its affiliates, and its personnel harmless from and against any of the aforementioned, Claims, liabilities, damages, losses, and expenses, regardless of WellzOn’s responsibility for negligence and howsoever the same may be caused.

19. GOVERNING LAW.

These Terms and any Claim related thereto will be governed by the laws of the State of Georgia, U.S., without regard to its conflict of law provisions. If any Claim is not subject to arbitration, then such dispute or Claim shall be commenced in the U.S. District Court for the Northern District of Georgia located in Atlanta, Georgia, or the State Court for the County of Gwinnett, Georgia, U.S. You waive any objection to personal jurisdiction and venue in any such courts and agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

20. DISPUTE RESOLUTION.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY STATE THAT YOU AND WELLZON AGREE TO RESOLVE ALL CLAIMS AND DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. YOU AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

1. 20.1 Informal Resolution WellzOn is committed to participating in a User-friendly dispute resolution process. You and WellzOn agree that, before demanding arbitration or commencing litigation, we will meet and confer in a good-faith effort to resolve informally any Claim. At least thirty (30) days prior to initiating an informal dispute resolution conference, you and WellzOn each agree to send the other party an individualized notice of the Claim in writing and attempt in good faith to negotiate an informal resolution of the individual Claim. In the interval between the party receiving such notice and the informal dispute resolution conference, you and WellzOn shall be free to attempt to resolve the Claim. In the event that the Claim cannot be resolved within a period of forty-five (45) days after notice of the Claim has been given, the Claim will be finally resolved by final and binding arbitration pursuant to Section 20.2.
2. 20.2 Alternative Dispute Resolution. If you and WellzOn fail to resolve a Claim through an informal dispute resolution conference pursuant to Section 20.1, then you and WellzOn irrevocably and unconditionally agree that, as a condition precedent to initiating any judicial action, litigation, or proceeding for a Claim, we shall first engage in good faith efforts to resolve the Claim through a binding alternative dispute resolution (“ADR”). If there is a dispute about whether this arbitration agreement can be enforced or applies to a Claim, you and WellzOn agree that an arbitrator will decide that issue. For the avoidance of doubt, you and WellzOn agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 20, including a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator. This arbitration clause shall be governed by the Georgia Arbitration Code, O.C.G.A. § 9-9-1 et seq. The ADR method and arbitrator shall be determined exclusively by WellzOn at its sole discretion and shall be final and binding. The following ADR rules shall apply:
   • (a) Forum: The arbitration shall be conducted in Atlanta, Georgia, U.S.
   • (b) Authority: The arbitrator shall have exclusive authority to resolve a Claim including a Claim that arises out of the interpretation, applicability, enforceability, or formation of these Terms. The arbitrator will decide the rights and liabilities, if any, of you and WellzOn. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of the Claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available under applicable law, Commercial Arbitration Rules, and these Terms. The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law.
   • (c) Cost: You shall bear your own costs and expenses of arbitration, and you and WellzOn shall share equally the arbitrator’s fees and any administrative fees, unless the arbitrator determines otherwise.
   • (d) Award: The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could award, including injunctive relief and specific performance. The award rendered by the arbitrator shall be final, conclusive, and binding and may be entered and enforced in any court of competent jurisdiction.

21. WAIVER OF JURY TRIAL.

You and WellzOn irrevocably and unconditionally agree to waive any right to a trial by jury with respect to any Claim.

22. ENTIRE AGREEMENT AND INTERPRETATION.

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire Agreement between WellzOn and you pertaining to your access to or use of the WellzOn Platform and supersede any and all prior oral or written understandings or agreements between WellzOn and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and WellzOn. Where the word “will” is used in these Terms, it connotes an obligation with the same meaning as “shall.”

23. SEVERABILITY.

If any provision or part of a provision of these Terms is held unlawful, invalid, or unenforceable, that provision or part of the provision will be severed from these Terms and all other provisions of these Terms will remain in full force and effect and be enforced to the maximum extent permissible.

24. NO WAIVER.

WellzOn’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WellzOn. Except as expressly set forth in these Terms, the exercise by you or WellzOn of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted by law.

25. ASSIGNMENT.

You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without WellzOn’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. WellzOn may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

26. TRANSLATION.

These Terms and all additional terms and related documents, including notices and other communications are in the English language. Any translations provided are for your convenience only and WellzOn is not liable for any translation inaccuracies, misunderstandings, or misrepresentations.

27. MODIFYING AND DISCONTINUING THE WELLZON PLATFORM.

We may change or discontinue any or all or any parts of the WellzOn Platform, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to Users or WellzOn. You also have the right to stop using the WellzOn Platform at any time. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the WellzOn Platform.

28. CONTACT INFORMATION.

If you have questions about these Terms or the WellzOn Platform, please contact WellzOn by email at support@wellzonapp.com.

29. APP STORES.

The availability of the WellzOn Platform may be dependent on the third-party from which you received the license to the WellzOn mobile application (“WellzOn App”), e.g., the Apple iPhone or Android app stores (“App Store”). These Terms are between you and WellzOn and not with the App Store, and WellzOn is responsible for the provision of the WellzOn Platform as described in these Terms.

1. 29.1 Google Terms Some translations on the WellzOn Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the WellzOn Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
2. 29.2 Apple Terms. If you access or downloaded the WellzOn App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement for purposes of which, you are the “end-user.” In the event of a conflict in the terms of Apple’s Licensed Application End User License Agreement and these Terms, these Terms will control.

30. FORCE MAJEURE.

WellzOn shall not be liable or responsible for any failure or delay in fulfilling or performing these Terms when and to the extent such failure or delay is caused by or results from acts beyond the impacted WellzOn’s reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, endemic, or quarantine, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, mandate or actions; (e) embargoes, tariffs, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials.

31. SEARCHING AND BOOKING.

1. 31.1 Searching You can search for a Provider and Provider Services by using criteria like the type of wellness treatment and service, location, and dates. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, cancellation history, popularity, and more.
2. 31.2 Booking When you book a Provider Service, you are agreeing to pay all charges for your Appointment including the Provider Service price, applicable fees, taxes, and any other items identified during checkout. You are also agreeing that WellzOn may charge the Payment Method used to purchase and book the Provider Service.

When you receive the Appointment confirmation, a contract for Provider Services is formed directly between you and the Provider. By making an Appointment you are agreeing to the terms of the contract. The terms of the contract include these Terms and any other WellzOn rules, standards, policies, or requirements identified on the WellzOn Platform and/or in the Provider Service that apply to the Appointment. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Appointment including all rules, standards, policies, and requirements prior to booking a Provider Service. Be aware that some Providers work with a co-Providers or as part of a team to provide their Provider Services. You may not allow any person to join the Provider Service unless they are included as an additional guest in the Appointment. Your Appointment covers only the Provider Services booked and paid for on the WellzOn Platform; you may not request or pay for any other Provider Services outside of the WellzOn Platform and that were not part of your Appointment.

32. CANCELLATIONS.

1. 32.1 Penalty. Appointments canceled by you less than twelve (12) hours before the scheduled start time will incur a $50 fee. Missed Appointments or no-shows by you will result in a $75 fee. Any applicable fees are charged to your Payment Method immediately following the cancellation or missed Appointment. Cancellations made more than twelve (12) hours in advance of the Appointment’s scheduled start time will not incur any fees, and all funds will be returned to the your original Payment Method.

33. COMPLAINTS AND REFUNDS.

You agree to cooperate in good faith, provide any information WellzOn requests, execute documents, and take further reasonable action, in connection with your complaint about a Provider or Provider Services, or other claims related to your provision or use of Provider Services.

1. 33.1 Technology Related Issues. Any concerns relating to WellzOn’s platform or technology, e.g., errors in Appointment scheduling caused by WellzOn technology or technical issues impacting or preventing Provider’s service fulfillment, may be raised at any time directly with WellzOn and you may receive a partial or full refund.
2. 33.2 Provider or Provider-Service Related Issues. Depending on when you submit your complaint, you may be entitled to a refund. Please see our Refund Policy for more information.

34. ASSUMPTION OF RISK.

You acknowledge that many wellness treatments and services carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the WellzOn Platform and any Content, participation in or receiving any Provider Service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate a Provider and Provider Service to determine whether it is suitable for you. For example, a Provider Service may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in or receive those the Provider Service.

1. 34.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone or animal present during the time of your Appointment and in which you are receiving a Provider Service. You must also act with integrity, treat the Provider with respect, and comply with applicable laws at all times. If you book a Provider Service on behalf of another individual, you are required to ensure that the individual is made aware of and agrees to these Terms and other WellzOn policies.
2. 34.2 Medical Conditions. You are responsible for informing the Provider of any medical or physical conditions, or other circumstances that may impact your ability to participate, use, or receive the Provider Service. You are responsible for confirming that you meet minimum age, proficiency, fitness, or other requirements to use the WellzOn Platform and participate, use, or receive the Provider Service.

WellzOn is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Neither the WellzOn Platform nor Provider Services are not intended to be medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Reliance on any information provided by WellzOn, its employees, and Providers listed on the WellzOn Platform or other visitors to the WellzOn Platform is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately. WellzOn does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the WellzOn Platform.

You should be aware that if you post any health-related information about yourself or anyone else on the WellzOn Platform, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information and in which you may be liable for. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. WellzOn is not liable for any such Content. WellzOn cannot be expected to keep your health information confidential if you post it to the WellzOn Platform or otherwise make it available to others.

35. USE OF THE WELLZON PLATFORM.

As a Provider, WellzOn offers you the right to use the WellzOn Platform in accordance with these Terms to share and offer a Listing of your Provider Services with our Customers who want to achieve their wellness goals. You are responsible of setting your price exclusive of any taxes, WellzOn fees, or tips (“Base Price”), availability, and any rules.

36. RESPONSIBILITIES.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. You are responsible for setting your Base Price and establishing rules and requirements for your Listing. You must describe any and all additional fees and charges in your Listing description. You are also responsible for ensuring that all mandatory fees and charges applicable to your Listing are included in your price breakdown. You may not collect any fees or charges outside the WellzOn Platform, and may not offer or perform additional Provider Services that were not purchased through the WellzOn Platform during an Appointment. Do not encourage Customers to create third-party accounts, submit Reviews, provide their contact information, or take other actions outside the WellzOn Platform.

37. CONTRACTING WITH CUSTOMERS.

When you accept an Appointment request through the WellzOn Platform, you are entering into a contract directly with the Customer and are responsible for delivering the Provider Service under the terms and at the Base Price specified in your Listing. You are also agreeing to pay applicable fees like credit card processing fees for each Appointment. WellzOn will deduct amounts you owe from your payout unless we and you agree to a different method.

38. RELATIONSHIP WITH WELLZON.

Your relationship with WellzOn is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of WellzOn. WellzOn does not direct or control you or your Provider Service, and you understand that you have complete discretion whether and when to offer a Listing or perform Provider Services, at what Base Price, and on what terms to offer them.

39. LISTING.

1. 39.1 Creating and Managing Your Listing. The WellzOn Platform provides tools that make it easy for you to set up and manage your Listing. Your Listing must include complete and accurate information about your Provider Services, your Base Price (including any additional charges), and any rules or requirements that apply to Customers or the Listing. You are responsible for your acts or omissions as well as keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance, credentials, certifications, and qualifications for your Provider Services.
2. 39.2 Search Results. The ranking of Listings in search results on the WellzOn Platform depends on a variety of factors, including but not limited to:
   • Customer search parameters (e.g. location, time, duration of the Provider Service, price range),
   • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Provider Service, Provider availability, Customer engagement, and popularity),
   • Customer experience (e.g. customer service and cancellation history of the Provider, ease of booking),
   • Provider and Listing requirements (e.g. medical conditions, booking cut-off time), and
   • Customer preferences and history (e.g. previous Provider Services received, viewed and saved Listings, location from where the Customer is searching).

Search results may be different on the WellzOn App than on our website, and may also differ in the map view. WellzOn may allow Providers to promote their Listings in a search or elsewhere on the WellzOn Platform by paying an additional fee.

40. MEDICAL DIRECTORS OR CO-PROVIDERS.

Your relationship with WellzOn is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of WellzOn. WellzOn does not direct or control you or your Provider Service, and you understand that you have complete discretion whether and when to offer a Listing or perform Provider Services, at what Base Price, and on what terms to offer them.

41. ASSUMPTION OF RISK.

You acknowledge that providing wellness services and treatments carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the WellzOn Platform, offering your Provider Services, or any interaction you have with other Users, Customer pets, or third parties whether in person or online. You agree that you have had the opportunity to investigate any laws, rules, regulations, or obligations that may be applicable to your Listings or Provider Services, and that you are not relying upon any statement of law made by WellzOn.

42. LEGAL OBLIGATIONS.

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Provider Services. Some jurisdictions require Providers to obtain a license or other certification, or carry insurance before providing certain Provider Services. In some places, the Provider Services you want to offer may be prohibited altogether. Check your local laws, rules, regulations, and contracts to learn what rules apply to the Provider Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Customers and others in compliance with applicable privacy laws, these Terms, your Provider Agreement, and other WellzOn policies. If you have questions about how local laws apply, you should always seek legal advice.

43. CANCELLATIONS.

As a Provider, you should use your best efforts to avoid cancelling on a Customer. You shall incur and pay a $75 penalty for any Appointment you cancel within twelve (12) hours of the scheduled time for Provider Services or if you miss an Appointment. In addition, if you arrive at the Customer’s requested location to perform the scheduled Provider Service but failed to contact the Customer at least twelve (12) hours prior to the Appointment to determine whether any medical conditions exist and this results in your inability to perform the scheduled Provider Services, then this shall be deemed a cancellation by you and you shall incur and pay a $75 penalty. If a Customer receives a refund after you have already been paid, or the amount of the refund and other costs incurred by WellzOn exceeds your payout, WellzOn shall recover that amount from you, including by deducting the refund against your future payouts. You agree that these Terms and your executed Provider Agreement preempt the cancellation policy you set in situations where they allow for the cancellation of an Appointment and/or the issuance of refunds to Customers within twelve (12) hours of the Appointment.

In general, if a Customer cancels an Appointment within twelve (12) hours of the receiving the Provider Service, you may receive forty percent (40%) of the Customer cancellation penalty.

44. FEES.

1. 44.1 Payment Processing Fees. Provider understands that because WellzOn uses a payment processor company to collect payment from Customers and remit that payment to the Provider, the Provider shall be responsible for paying the associated payment processing fees, including credit card fees, incurred. Provider is responsible for paying the full payment processing fee at the time of the transaction. WellzOn reserves the right to change its payment processor company and payment processing fees at any time. Payment processing fees are non-refundable. Payment processing fee changes will not affect Appointments made prior to the effective date of the fee change.
2. 44.2 Reactivation Fee. If a Provider deactivates its account and seeks to rejoin the WellzOn Platform within six (6) months of deactivation of the account, Provider shall pay a reactivation fee of $500.

45. TAXES.

You are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable taxes.

46. SERVICE FEE POLICY.

To help WellzOn run smoothly and to cover the cost of services like customer support, we charge a service fee when you book a wellness treatment or service. The service fee can be found in the price breakdown before purchasing and booking your appointment. Customers pay a service fee of $5 per booking, which excludes any taxes, tips, or other fees that might apply.