Terms and Conditions

Effective date: 2025-05-21

Welcome to Wellness Empowered. Please read these Terms and Conditions (“Terms”) carefully before using the Wellness Empowered mobile application (the “App”) and services (the “Services”) provided by Wellness Empowered, Inc. (“we,” “us,” or “our”).

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the App or Services. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at weteam@wempowered.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.

1. Eligibility

You must be at least 18 years old to use the App. By using the App, you represent that you are of legal age and capable of entering into a binding agreement. Additionally, you cannot access or use the Service if you are barred from receiving the Service under any applicable law or have previously been barred from using the Service.

2. Description of Services

Wellness Empowered is a mental health and wellness platform that provides: Biometric data integration from wearable devices, peer support and therapist connection features, daily mental wellness check-ins, access to educational and motivational content, and customizable tools for personal wellness tracking.

The App does not replace professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with questions regarding your health.

3. User Accounts

You may be required to create an account to use some features. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

4. Data Privacy & HIPAA Compliance

Your privacy and data security are a top priority. Wellness Empowered complies with the Health Insurance Portability and Accountability Act (HIPAA) when applicable. Please review our Privacy Policy for details on how your data is collected, used, and shared.

5. Biometric and Health Data

By connecting wearable devices, you authorize the App to collect and display data such as heart rate, sleep patterns, activity, and mood tracking. This data is used to enhance wellness insights and may be accessible to peer supporters or therapists only with your consent.

6. User Conduct

You agree to use the App for lawful purposes only and not to:

Harass, abuse, or harm others
Impersonate any person or entity
Upload harmful or malicious content
Interfere with the App’s functionality or security
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating
Otherwise attempt to interfere with the proper working of Service.

We reserve the right to suspend or terminate access for any user who violates these Terms.

7. Intellectual Property

All content provided through the App (text, graphics, logos, software, etc.) is the property of Wellness Empowered or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or modify any part of the App without our written consent.

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Wellness Empowered and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Wellness Empowered.

8. Third-Party Services

The App may integrate with third-party devices or services (e.g., Apple Health, FitBit, Giphy, etc.). We are not responsible for the content, policies, or performance of these services.

9. Disclaimer of Warranties

THE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

To the maximum extent allowed by law, we shall not be liable for any indirect, incidental, or consequential damages resulting from your use of the App.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

11. Modifications to Terms

We may update these Terms at any time. Changes will be posted in the App or via email. Your continued use after changes means you accept the updated Terms. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

12. Termination

We may terminate or suspend your access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or to us. If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Governing Law

These Terms are governed by the laws of the State of [Your State], without regard to its conflict of law principles. Any disputes shall be resolved in the appropriate state or federal courts located in [Your County and State]. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

14. Plans and Pricing

Wellness Empowered offers two distinct modes to cater to your needs:

Growth Mode (Free): This mode provides access to core wellness tools and features.
- Features: Curated goal templates, mood tracking, journaling, basic statistics for progress tracking, reflections, and gratitude logging.
Support Mode (Premium): This mode unlocks the full suite of personalized features and advanced support.
- Features: Full customization of goals, detailed health stats (sleep, steps), multiple assessment tools, and direct collaboration with licensed clinicians and trained peer counselors.

Support Mode Pricing:

Monthly Subscription: $14.99 per month
Annual Subscription: $155.99 per year

We also provide a free trial for each user for 30 days. Before completion of the 30 days, the users have the right to cancel their premium plan which will effectively end their subscriptions after the completion of trail period.

Prices are subject to change, and any changes will be communicated to you in advance.

15. In-App Purchase Policy

All subscriptions to Wellness Empowered’s Support Mode are processed through in-app purchases via your device’s app store (e.g., Apple App Store, Google Play Store).

15.1. Subscription Auto-Renewal: Yes, our Monthly and Annual subscriptions renew automatically to ensure uninterrupted service.

Monthly subscriptions automatically renew on the same day each month (the day you subscribed), unless canceled.
Annual subscriptions automatically renew after the initial yearly term unless canceled.

15.2. Accessing Premium Features After Purchase:If you purchased a subscription and do not have immediate access to premium features, please log out and log back in again to your account within the App. This action should refresh your account and grant you access to all premium features.

15.3. How to Obtain Your Subscription Receipt:If you purchased your subscription via iTunes/App Store or Google Play, you should have received your subscription invoice or confirmation receipt directly to the email associated with your app store account.

15.4. How to Cancel / Turn Off Auto-Renew for Your Subscription:You can cancel your subscription at any time by following the steps below within your device’s app store settings:

Log in to your iTunes/App Store or Google Play account.
Go to your account settings (this varies slightly by platform, often found under “Subscriptions” or “Payments & Subscriptions”).
Locate and select your Wellness Empowered subscription.
Click on the “Cancel Subscription” or “Turn Off Auto-Renew” option.
Confirm your cancellation.

You will receive a confirmation from your respective app store (iTunes/App Store or Google Play).
Your subscription will be canceled at the end of your current billing cycle.
You will no longer be charged for your subscription after cancellation.
You will continue to have access to premium features until the end of your current billing cycle.
You will not be able to access premium features after your current billing cycle ends.
You can always re-subscribe to Wellness Empowered at any time.

15.5. Pausing Your Subscription:We do not currently offer the option to pause your subscription. However, you can disable the auto-renewal feature on your subscription so that it will expire at the end of your paid time.

16. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at weteam@wempowered.com.

17. Error Reporting and Feedback

You may provide us either directly at weteam@wempowered.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

18. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

19. Acknowledgment

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

20. Contact Us

If you have any questions about these Terms, please contact: Wellness Empowered, Inc. Email: weteam@wempowered.com Phone: (760)709-2616