Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Welltory has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Welltory is provided by:

Welltory inc.
541 Jefferson Avenue, Suite 100
Redwood City, CA 94063

Data Protection Officer (DPO):
Ametros Group Ltd
Lakeside Offices, Thorn Business Park
Rotherwas Industrial Estate
Hereford
Herefordshire
England
HR2 6JT
0330 223 2246
dpo@ametrosgroup.com
www.ametrosgroup.com

EU Representative:
Ametros Ltd
Unit 3D
North Point House
North Point Business Park
New Mallow Road
Cork
Ireland
gdpr@ametrosgroup.com
www.ametrosgroup.com

UK Representative:
Ametros Group Ltd
Lakeside Offices, Thorn Business Park
Rotherwas Industrial Estate
Hereford
Herefordshire
England
HR2 6JT
gdpr@ametrosgroup.com
www.ametrosgroup.com

Owner contact email: support@welltory.com

The following documents are incorporated by reference into these Terms:

• Medical Services Disclaimer. Welltory encourages you to consult with your healthcare provider before using the Service. You represent that you are in good enough health to begin using the Service, which may include changes to your diet or level of physical activity, among other things. If you have been diagnosed with a health condition that may be impacted by the Service, you represent that you have obtained the express approval from a health care professional to use the Service. The Service requires your active engagement and participation. You understand that, despite your efforts, individual users’ results will vary for a variety of reasons and Welltory cannot guarantee that you will achieve your health goals.

• Welltory is not a medical app and is not intended for medical purposes of any kind. Our analysis of your heartbeat, workout, sleep, nutrition, and other lifestyle data is intended to be used for recreational purposes only, to help you live a healthier life. It should not be assumed to be exceptionally accurate and can not be used for any medical purposes or to diagnose, treat, cure or prevent any disease or condition.

• Third Party Research. Welltory does not sell user data to third parties. We give users the option to export their own data and share it with third parties if they wish to do so. Welltory may share aggregated and/or anonymized user data, which cannot be reasonably used to identify you, with third parties for research purposes if such research can help us provide our users with better services or improve the app’s functionality. We also reserve the right to use aggregated, statistically reworked, and/or anonymized user data, which cannot be reasonably used to identify you, to publish research that contributes to open science.

• Termination of Service. You agree that Welltory in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Welltory believes that you have violated these Terms. Further, you agree that Welltory shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

• THE SERVICE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE BY WELLTORY OR ANY THIRD PARTY. WELLTORY IS NOT A LICENSED MEDICAL CARE PROVIDER, AND OUR SPECIALISTS ARE NOT ACTING IN A HEALTH CARE PROFESSIONAL CAPACITY. OUR SPECIALISTS DO NOT PROVIDE ANY MEDICAL OR CLINICAL SERVICES, AND DO NOT DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, DISEASE OR CONDITION. WELLTORY AND OUR SPECIALISTS DO NOT HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR PSYCHOLOGICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICE OR FROM ONE OF OUR SPECIALISTS. CONSULTATION WITH OUR SPECIALISTS IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR SPECIALISTS IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE OR TREATMENT SHOULD BE DIRECTED TO YOU HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE SERVICE. 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. THE SERVICE DOES NOT INCLUDE EMERGENCY, TIME SENSITIVE OR URGENT, REMOTE OR CRITICAL CARE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

• The right of withdrawal only applies to European Consumers.

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TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Welltory.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Welltory, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

• Users aren’t located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Welltory.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on Welltory is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

• Accounts registered by bots or any other automated methods are not permitted.

• Unless otherwise specified, each User must register only one account.

• Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Welltory

Unless where otherwise specified or clearly recognizable, all content available on Welltory is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Welltory infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Welltory - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Welltory, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on Welltory, the User may download, copy and/or share some content available through Welltory for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to Welltory.

By providing content to Welltory, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on Welltory they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Welltory as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Welltory.

Users acknowledge, accept and confirm that all content they provide through Welltory is provided subject to the same general conditions set forth for content on Welltory.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Welltory. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to Welltory:

• upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
• if a notice of infringement of intellectual property rights is received;
• if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via Welltory, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Welltory.

Access to external resources

Through Welltory Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Welltory and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Welltory and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Welltory or the Service, terminating contracts, reporting any misconduct performed through Welltory or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

AI Chat

Description of the AI Chat

AI Chat is an artificial-intelligence-powered conversational feature within Welltory that offers users data-based wellness explanations and insights. It helps users interpret their Welltory metrics – such as stress, heart-rate variability (HRV), sleep, and energy together with their inputs – in plain language, providing supportive, science-backed context and suggestions.

AI Chat is designed as a safe and caring space where users can explore how they feel, understand their data, and prepare for conversations with healthcare professionals.

Important: AI Chat responses are generated by artificial intelligence, not by a human, and should never be interpreted as personal medical or psychological guidance. AI Chat is not a medical device or a healthcare service. It does not diagnose, treat, cure, or prevent any disease or condition and must not be used as a substitute for professional medical advice or emergency care.

How AI Chat Works

AI Chat combines Welltory’s scientific framework with advanced language technology to help users understand patterns in their health data and receive supportive, data-driven insights.

It interprets overall trends in your Welltory data – such as stress, HRV, sleep, and energy – to explain fluctuations and provide wellness suggestions in plain, human language. These insights are grounded in verified scientific research and designed to help you recognize when variations are normal and when it may be wise to consult a healthcare professional.

AI Chat also offers educational information about general healthcare and, for U.S. users, health-insurance basics and navigation through its integration with Stride Health.

Its tone and purpose are supportive – fostering awareness, calm, and balance rather than alarm or self-diagnosis.

To deliver these insights, AI Chat uses several technologies working together:

• Retrieval-Augmented Generation (RAG): Connects responses to a curated database of validated scientific sources to ensure factual accuracy and quality.

• Large Language Model (LLM): Generates natural, empathetic dialogue and interprets context using Welltory’s proprietary prompting approach.

• Contextual Properties: Draws from your mobile-device signals and Welltory profile metrics to personalize responses and tailor explanations to your current patterns.

At this stage, AI Chat:

• focuses on pattern-level interpretation, not detailed or real-time readings. It relies primarily on contextual data available from your device and Welltory profile rather than full numerical datasets. This allows the system to stay informative, safe, and non-diagnostic – emphasizing understanding over evaluation.

• does not retain chat history. Each session is independent and begins without access to previous messages.

What AI Chat Does Not Do

AI Chat:

• does not diagnose, treat, or manage medical or psychological conditions;

• does not prescribe or recommend medications, therapies, or medical devices;

• is not intended for emergency, urgent, or critical care;

• does not continuously monitor or analyze your health in real time;

• does not retain prior chat sessions or remember messages once a session ends;

• does not guarantee the accuracy, completeness, or timeliness of responses.

Important – Health & Safety Notice:
If you believe you may have a medical emergency, call your local emergency number (e.g., 911) or seek immediate professional care. Always consult a qualified healthcare provider before making any medical, diagnostic, or treatment decisions.

AI Chat includes automated prompt moderation designed to detect and filter messages that may indicate self-harm, suicidal thoughts, or other crisis situations. If you ever feel distressed or think about self-harm, please contact your local emergency number or a trusted crisis hotline. In the U.S., you can call or text 988 to reach the Suicide and Crisis Lifeline for immediate support.

Permitted and Prohibited Use

Permitted Use: You may use AI Chat for personal, non-commercial purposes – to explore your Welltory data, receive general wellness guidance, and improve your understanding of health patterns.

Prohibited Use: You may not:

• use AI Chat to seek or provide medical diagnosis or treatment;

• make healthcare decisions, adjust medication, or manage emergencies based on AI Chat responses;

• attempt to reverse-engineer, automate, or bypass technical protections or message limits;

• upload or share unlawful, infringing, misleading, or harmful content;

• violate any third-party rights or applicable laws;

• impersonate others or misuse another user’s account;

• use automated tools, bots, or scripts to interact with AI Chat;

• attempt to compromise the security, integrity, or availability of AI Chat.

The Owner may:

• restrict, suspend, or terminate access to AI Chat if prohibited activity or misuse is suspected;

• remove, delete, or block AI Chat content at its discretion;

• monitor usage patterns to prevent abuse and ensure service quality.

Message Limits and Access

AI Chat operates on a cloud-based large language model (LLM), where each user request generates processing costs.

To ensure stable performance, cost predictability, and a positive user experience, AI Chat is subject to daily and monthly message limits.

These limits also help the Owner safely study usage patterns during the beta phase and adjust system capacity responsibly.

Reset Schedule (UTC)

• Daily limits reset automatically at 00:00 (midnight) UTC every day.

• Monthly limits reset at 00:00 (midnight) UTC on the first day of each month.

User Groups and Access Rules

Message limits and access to AI Chat vary depending on each user’s subscription status, region, and account type.

The Owner may assign users to different access groups and determine applicable limits or restrictions for each group at its sole discretion.

These groups may include, for example:

• Premium or paid subscribers, who may receive extended or priority access to AI Chat;

• Trial users, who may have temporary or promotional access under time- or message-based limits;

• Free users, who may have limited or experimental access to certain AI Chat features;

• U.S. users, who may retain access to specific functions such as healthcare-literacy tools and Stride Health integration.

Users outside these categories may not see AI Chat in the app.

The scope of access, applicable quotas, reset periods, and eligibility criteria for each group are subject to change at any time as the Owner evaluates product performance, usage patterns, costs, and business needs.

Users will be notified in-app when limits are approaching or when their access parameters change.

The Owner reserves the right to modify, expand, restrict, or discontinue AI Chat access for any user group, subscription tier, or region without prior notice.

Limit Notifications

AI Chat provides transparent, proactive notifications to ensure users always know their remaining access:

• The first warning appears when 5 or fewer messages remain.

• The notice is non-intrusive, visible both on the welcome screen and in the chat interface.

• Notifications persist until the limit resets, clearly indicating when access will be restored.

• Once limits are reached, the input field is disabled before the user attempts to send a message.

If a user is on a free plan, the message may also include a non-aggressive upgrade option, explaining how to restore access via subscription.

Behavior When Limits Are Reached

When a user reaches the daily or monthly limit:

• AI Chat input becomes temporarily blocked.

• A clear message appears, indicating the exact time when AI Chat will be available again (after reset).

• For free users, an optional upgrade path is shown for immediate reactivation.

• The lockout behavior is designed to be predictable and user-friendly – never abrupt or confusing.

Upgrade and Downgrade Behavior

User access updates instantly when subscription status changes:

• Upgrading to Premium immediately unlocks AI Chat without app restart or session reset.

• Downgrades do not immediately disable AI Chat if valid limits remain; new quotas are applied automatically on the next message send.

Reliability and Exceptions

• Temporary lack of limit data (e.g., after app reinstall) is treated as a rare exception and handled gracefully.

• In all other cases, the system blocks input before limits are exceeded to prevent unexpected errors.

• The Owner may adjust limit logic, thresholds, or notifications at any time to maintain service quality and financial sustainability.

Analytics and Transparency

The system logs analytics events only at two moments:

• when a user receives the first warning about approaching a limit;

• when the chat becomes locked due to limits being reached.

Repeated warnings are not logged to prevent data noise.

AI Chat notifications follow three core principles:

• Transparency: users always understand what’s happening and when access resumes.

• Predictability: warnings appear before, not after, lockout.

• Gentleness: notifications inform without disrupting conversation flow.

No Guarantee of Availability

While the Owner aims to provide smooth and continuous access, AI Chat’s availability, limit thresholds, and access logic are not guaranteed and may change at any time without notice.

Liability, Disclaimers and Indemnification

AI Chat is provided “as is” and “as available” without any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by law:

• The Owner shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of or reliance on AI Chat, including health outcomes, loss of data, or emotional distress;

• The Owner’s total cumulative liability shall not exceed the amount paid by the user for Welltory services in the twelve (12) months preceding the claim;

• The Owner does not warrant that AI Chat responses are accurate, complete, or error-free.

Users agree to indemnify and hold harmless the Owner, its affiliates, officers, and employees from any claims, damages, losses or expenses (including reasonable legal fees) arising from misuse of AI Chat, reliance on its outputs, or violation of these Terms.

Healthcare Navigation and Stride Health Integration (U.S. Users)

For users located in the United States, AI Chat may assist with general healthcare and health-insurance literacy. Its purpose is educational – to help users better understand the U.S. healthcare system and insurance fundamentals – not to provide brokerage, advisory, or professional services.

AI Chat can help you:

• understand basic health-insurance terminology and concepts;

• learn about general considerations when selecting or comparing insurance plans;

• interpret coverage, documentation, and plan materials more confidently;

• navigate the healthcare and insurance system with greater awareness.

AI Chat’s Stride Health integration offers a co-branded experience that allows users to explore insurance options through a trusted third-party platform. This feature aims to simplify discovery of available plans and potential eligibility for subsidies or benefits.

Important disclaimers:

• Welltory is not an insurance broker, agent, or producer.

• Welltory does not determine insurance eligibility, coverage, or pricing, and is not responsible for the accuracy or completeness of information provided by Stride Health or other partners.

• Any insurance information obtained through AI Chat or Stride Health should be verified independently with licensed insurance professionals or directly with insurers.

• AI Chat does not provide personalized financial or insurance advice and does not participate in insurance sales or enrollment processes.

Beta Service and Modifications

You acknowledge that AI Chat is currently in beta and:

• features and functionality may change significantly;

• service quality, availability, and performance are not guaranteed;

• the Owner is actively testing and evaluating usage patterns and costs;

• access and limits may be adjusted based on beta findings;

• each new chat session starts fresh without access to previous conversations;

• you cannot currently view past chat messages in the app (this feature is in development);

• only one continuous conversation is supported at a time (multi-session support is planned).

The Owner may modify, suspend, or discontinue AI Chat at any time, without prior notice, for technical, operational, or business reasons.

Feedback

You can share feedback (your thoughts, suggestions, or concerns) through the in-app menu (“Share my feedback”) or report bugs via Menu → Report a problem.

By submitting feedback, you grant the Owner a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate your feedback into AI Chat or other Welltory services without attribution or compensation.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Welltory, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Welltory.

To purchase Products, the User must register or log into Welltory.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of Welltory and are subject to change without notice.

While Products on Welltory are presented with the greatest accuracy technically possible, representation on Welltory through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on Welltory are displayed:

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Welltory.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

• Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
• A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
• Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
• A Coupon cannot be applied cumulatively;
• The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
• The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Welltory.

All payments are independently processed through third-party services. Therefore, Welltory does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of Welltory to learn more about the data processing and Users’ rights regarding their data.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Purchase via app store

Welltory or specific Products available for sale on Welltory must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on Welltory or as communicated before the order submission.

Contract duration

Trial period

Users have the option to test Welltory or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of Welltory may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on Welltory.

The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Lifetime subscription

Lifetime subscriptions are subscriptions lasting for the entire lifetime of the subscribed Product. Paid lifetime subscriptions start on the day the payment is received by the Owner. They only expire if and when the relevant Product is discontinued.

Open-ended subscriptions

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Subscriptions handled via Apple Account

Users may subscribe to a Product using the Apple Account associated with their Apple App Store account by using the relevant process on Welltory. When doing so, Users acknowledge and accept that

• any payment due shall be charged to their Apple Account;
• subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
• any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
• subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Welltory.

Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.

Terminations shall take effect 21 days after the notice of termination has been received by the Owner.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification, cannot benefit from the rights described in this section. The Consumer shall only be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the goods.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

• Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

• In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of services

Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

Exceptions from the right of withdrawal

The right of withdrawal does not apply to contracts:

• for the provision of services, after the service has been fully performed, if the contract places the Consumer under an obligation to pay and performance has begun with the Consumer’s prior express consent after acknowledging that their right of withdrawal is lost once the service has been fully performed;

• for the supply of digital content which is not supplied on a tangible medium, if the contract places the Consumer under an obligation to pay and performance has begun with the Consumer’s prior express consent after acknowledging that their right of withdrawal is thereby lost and such circumstances have been confirmed by the Owner;

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires.

When does the cancellation period expire?

• Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
• Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the User.

Brazilian User rights

Right of regret

Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this document and in accordance with the guidelines in this section.

Exercising the right of regret

To exercise their right of regret, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before the regret period expires. When does the regret period expire?

• Regarding the purchase of goods, the regret period expires seven (7) days after the day on which the User or a third party designated by the User – other than the carrier – receives the goods.

• Regarding the purchase of several goods ordered together but delivered separately, or in case of the purchase of a single good consisting of multiple lots or pieces delivered separately, the regret period expires seven (7) days after the day on which the User or a third party designated by the User – other than the carrier receives the last good, lot or piece.

Effects of regret

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurs later. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of physical goods

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-day period for returning the goods. The reimbursement may be withheld until receipt of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

The costs of returning the goods are borne by the Owner.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Welltory is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willfull misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Welltory and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their personal data, Users may refer to the privacy policy of Welltory.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Welltory are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Welltory are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of Welltory must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.