Terms of Use

Terms of Use

This website at www.wellnessmap.ai ("Site") is operated by WellnessMAP ("Company," "we," "our," or "us"). These Terms of Use ("Terms" or "TOU") and the separately posted Privacy Policy, which is incorporated by reference herein in full, together govern your access to and use of the Site, our mobile app ("App"), and the services offered (collectively as the "Services").

Please read these Terms carefully before you start to use the Services. This TOU is a binding legal agreement between us and users of the Services. These Terms detail what our users can expect from us and what we expect from our users, including those activities that are not permitted on or in connection with your use of the Services. If there's anything you don't understand in these Terms and/or any other terms or information published, please contact us using the contact information below.

BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, THE SEPARATELY POSTED PRIVACY POLICY, AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE SERVICES. If you do not agree to be bound by these Terms, the Privacy Policy and all applicable laws, do not continue to use the Site, the App, or our services.

If you enter into a written services agreement, license agreement, or similar agreement with us, the terms of that written agreement will control in the event of a conflict with these Terms.

Changes to the Terms

The Company shall have the right, in its sole discretion, at any time and without prior notice to you, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Services. Any revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site and/or the App. The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for reviewing the latest version of the Terms periodically for any updates. You agree that you shall be deemed to be apprised of and bound by any revisions or additions by Company to the Terms. Your continued use of the Services after any such changes to the Terms constitutes your acceptance of the new Terms, whether or not you actually reviewed them. No modification to these Terms by any party other than Company shall be valid or enforceable against us unless expressly agreed to by us in writing signed by our duly authorized officer.

Applicability / Age

Our Services are provided to those who have the legal capacity to form legally binding contracts under the applicable laws. Our Services are not targeted to those who are under eighteen (18) years of age. By using this Site or the services offered, you represent and warrant that you are at least eighteen (18) years old or are otherwise recognized as being able to form legally binding contracts under applicable law.

Electronic Communications

When you access or use our Services, contact us by email, or receive electronic communications from us, you are, and consent to, communicating with us electronically. We may communicate with you by email or by posting notices on the Site or the App. You agree that all notices, disclosures, agreements, policies, and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.

Health Care Information

While we try to be as accurate as possible, the information provided on or through the Services may contain errors, omissions, or typographical errors or may be out of date. Such information is provided for reference only. WellnessMAP does not provide medical advice. Information on our Services should not be construed as medical advice and should never take the place of the advice of your physician or healthcare provider. Always consult your physician or healthcare provider for medical advice. You expressly acknowledge that we are not responsible for and will not be liable for any results from your decisions based on your use of the health care or medication related information on our Services.

Access to Services; Discontinuation of Services

WellnessMAP reserves the right to perform maintenance on its services, which may temporarily impact access without compensation to you.

WellnessMAP has the right, in its sole discretion, without notice and at any time and for any reason to discontinue operation of the Services, or any portion thereof, or any products or services offered or advertised through the Services, or to terminate any user's access to or use of the Services. WellnessMAP may discontinue Service if (1) we believe a user is acting in a way that may possibly damage the quality, reliability or security of WellnessMAP's networks or services; (2) we suspect a user is engaging in illegal activity or activity prohibited by the Terms of Use or applicable law; or (3) we determine that a user is engaging in prohibited or illegal activity.

The restrictions imposed on a user, the disclaimers, indemnities and limitations of liability set forth in these Terms shall survive any termination of the Services or the use thereof.

Intellectual Property

All text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided on the Site or the App, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is expressly provided to be so. The Content may contain errors, omissions, or typographical errors or may be out of date. WellnessMAP may change, delete, or update any Content at any time and without prior notice.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by WellnessMAP or by third parties that have licensed their use to Company. You may view and use the Content only for your use of the Services and for no other purpose. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots or similar data gathering and extraction tools at the Site. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of WellnessMAP, our corporate partners, or suppliers and vendors (collectively, the "Partners") without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by an authorized representative of WellnessMAP, is strictly prohibited.

Submissions of User Content

The Services allows users to share, link, store, and otherwise make available certain information, text, graphics, videos, or other material ("Submission"). You are responsible for the Submission that you provide on or through the Services, including the Submission's legality, reliability, and appropriateness.

By providing Submission(s) on or through the Services, you represent and warrant that: (i) you own or have the right to use the Submission(s); (ii) that you have the right to grant us the rights and license as provided in these Terms, and (iii) that the use and sharing of your Submission(s) on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, or the Terms.

You retain all ownership of your Intellectual Property Rights to any Submission you provide on or through the Services, subject to the rights and permissions granted in the Terms. It is your responsibility to protect your rights in the Submission(s). We take no responsibility and assume no liability for such Submission. You are solely responsible for the legality, accuracy, reliability, and appropriateness of your Submission.

You hereby grant to us and our representatives a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license and right: (A) to use, modify, distribute, reproduce, transmit, publish or republish, display, translate, adapt, create derivatives of, and perform the Submission, in any manner or form: (i) to provide the Services and otherwise perform our obligations hereunder; (ii) to monitor and improve the Services and for any other further internal business purposes of WellnessMAP; and (iii) in connection with the development, distribution and licensing of any product or service offered by us, provided that the Submission included in products or services offered to third parties will be in an aggregated and de-identified format; and (B) to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other comments provided by you ("Feedback") relating to the operation of the Services provided by WellnessMAP.

The Submission must comply with all applicable federal, state, local and international laws and regulations. The Submission must not:

• Contain any defamatory, obscene, abusive, offensive, indecent, harassing, violent, hateful, inflammatory, sexually explicit, pornographic, or otherwise objectionable material;
• Promote any illegal activity, violence, or discrimination based on race, sex, religion, nationality, disability, or sexual orientation;
• Infringe any Intellectual Property Rights, privacy or publicity rights, or other legal rights of another person;
• Be likely to mislead or deceive another person, including by impersonating another or misrepresenting your identity or affiliation with another person or organization;
• Include any commercial activity or contests, sweepstakes, or other promotion, advertising, or sales;
• Create the false impression that the Submission emanates from or is endorsed by us or another organization.

We have the right but not the obligation to monitor and edit your Submission. We have the right to remove or block any Submission for any or no reason in our sole discretion. We have the right to take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of our users or the public, or could create liability for us. We may disclose your identity or other information about you to any third party who claims that your Submission violates their rights, including their intellectual property rights or their right to privacy.

Links to Third Party Websites

Links to other websites operated by third parties, including any Partners, do not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such linked websites. We do not operate, control, or maintain the linked websites, and we are not responsible for the availability, content, policies, or practices of linked websites, including without limitation their privacy policies or practices. Links to other websites are provided for your convenience only, and you access them at your own risk.

Acceptable and Prohibited Uses

By accessing and using the Services you undertake and agree to do so in a legal and ethical manner and subject to these Terms. You acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity, that is defamatory, tortious, harmful, obscene, infringing, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Services.

You may not use any automatic device, program or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Services.

Except as expressly set out in these Terms or as permitted by applicable law, you hereby agree:

• Not to copy any of the Services except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security;
• Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any of the Services or Content therein;
• Not to access Content through any technology or means other than through the Services;
• Not to make alterations to, or modifications of, the whole or any part of the Services or Content, or permit any part of the Services or Content to be combined with, or become incorporated in, any other programs or content;
• Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or Content or attempt to do any such thing;
• Not to provide or otherwise make available the Services or Content in whole or in part, in any form to any person without our prior written consent;
• Not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Not to use the Services or Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
• Not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Services or Content;
• Not to collect other users' information, or otherwise access the Services or our systems, using automated means;
• Not to solicit login information or access an account belonging to someone else;
• Not to violate the privacy or publicity rights of any other user;
• Not to use, upload, or provide any Content to any generative artificial intelligent systems;
• Not to facilitate or encourage any breach by any other party of these Terms;
• Not to use the Services or Content in any manner which could damage, disable, overburden, impair or compromise any of them, our systems or security.

Disclaimers

NEITHER WELLNESSMAP, NOR ANY OF OUR PARTNERS NOR ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES MAKES ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICES, OR ANY LINKED WEBSITES, OR THEIR CONTENT, INCLUDING THE AVAILABILITY OF ANY LINKED WEBSITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS.

ALL CONTENT, INFORMATION AND MATERIAL PROVIDED ON THE SERVICES IS PROVIDED TO USERS "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COURSE OF DEALING OR TRADE PRACTICE, SECURITY OR ACCURACY.

ACCESSING AND USE OF THE SERVICES AND CONTENT ARE ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING IN WHOLE OR IN PART FROM YOUR USE AND/OR ACCESS TO THE SERVICES.

ANY REFERENCE TO OR DESCRIPTION ON THE WEBSITE OF PRODUCTS, SERVICES OR PUBLICATIONS SHALL NOT BE DEEMED AN ENDORSEMENT OF SUCH PRODUCTS, SERVICES OR PUBLICATIONS. WE DO NOT PROVIDE MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONAL OR PERSONAL SERVICES.

WHILE WELLNESSMAP TAKES REASONABLE STEPS TO SAFEGUARD AND TO PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA, WE ARE NOT RESPONSIBLE FOR THE ACTS OF THOSE WHO GAIN UNAUTHORIZED ACCESS, AND WE MAKE NO WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, THAT WE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL WELLNESSMAP, ANY OF OUR PARTNERS, ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY LINKED WEBSITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WELLNESSMAP OR ANY OF THE ABOVE ENTITIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WELLNESSMAP OR ITS REPRESENTATIVES TO YOU UNDER ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TOU (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED FIFTY DOLLARS ($50 USD). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WELLNESSMAP, OUR PARTNERS, AND OUR OR THEIR RESPECTIVE AFFILIATES AND RELATED ENTITIES AND OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND COURT COSTS), ARISING OUT OF OR RELATING TO (A) YOUR NEGLIGENCE OR INTENTIONAL MISCONDUCT; (B) BREACH OF THESE TERMS; (C) YOUR ACCESS TO OR USE OF THE SERVICES AND ANY PRODUCTS PROVIDED TO YOU; (D) INFORMATION OR MATERIALS PROVIDED BY YOU, INCLUDING YOUR SUBMISSIONS OR FEEDBACK; (E) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RELATED TO YOUR OBLIGATIONS UNDER THESE TERMS. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE TERMINATION OF THESE TERMS AND THE SERVICES.

Confidentiality

You agree that you must take all steps to keep your username and password confidential, which may include restricting access to your computer and/or account. You may not share account credentials with a third party. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may have access to WellnessMAP's Confidential Information as you use the Services. "Confidential Information" means information that Company discloses to you in connection with the provision of Services that either is or would reasonably be considered confidential information under the circumstances. You will use WellnessMAP's Confidential Information only for the purposes under these Terms. You agree to keep WellnessMAP's Confidential Information in the strictest confidence and must use your best efforts to protect it against disclosure, misuse, or loss. You will promptly inform WellnessMAP of any unauthorized disclosure of its Confidential Information.

Third Party Beneficiaries

Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Compliance with Laws

You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Services.

Governing Law

Access to or use of the Services or Content shall not be construed as the purposeful availment by WellnessMAP or any of its Partners of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Florida. These Terms, and any disputes of any kind between you and Company, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts or choice of laws provisions. If any claim or action proceeds in court rather than through arbitration, sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, use of the Services or Content, shall be in the state and federal courts located in Pinellas County, Florida.

Dispute Resolution

If we fail to resolve any disputes amicably, you and WellnessMAP agree to submit our disputes exclusively to be resolved through binding and final individual arbitration instead of through court proceedings, except in these limited circumstances: either you or WellnessMAP may elect to have a claim heard in small claims court (at any time prior to the appointment of an arbitrator) if the claim is within the jurisdiction of that court and it remains in that court and is not removed or appealed to a court of general jurisdiction.

Either you or WellnessMAP may start arbitration proceedings by written notice requesting arbitration and describing the claim. You agree that the Federal Arbitration Act and federal arbitration law apply to these Terms. However, the arbitrator and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms.

The dispute will be arbitrated by a single neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days, the dispute will be administered by the American Arbitration Association ("AAA") under its applicable rules. The arbitration shall take place in person at a mutually agreed upon location, or if such a location cannot be agreed upon, then virtually by videoconference.

The arbitrator's decision in any such arbitration will be final and binding upon the parties. The arbitration award may be enforced in any court of competent jurisdiction. You and WellnessMAP agree that the arbitration proceedings will be kept confidential.

YOU AND WE AGREE THAT THE ARBITRATOR MAY ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. CLASS ARBITRATION IS EXPRESSLY PROHIBITED. YOU AND WE AGREE THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS, COLLECTIVE, JOINT, OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

This Dispute Resolution and Arbitration Agreement shall survive termination of these Terms.

Force Majeure

WellnessMAP shall not be liable for any nonperformance or delay in performance caused by any act beyond their reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, pandemics or other public health emergencies, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks or other causes beyond our reasonable control.

Entire Agreement

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. For the sake of clarity, these Terms do not supersede any written services agreements, license agreements, maintenance agreements, or similar agreements between the parties unless specifically agreed to by the parties in writing.

No Waiver

No waiver by WellnessMAP of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.

Contact Us

Please contact us with any questions about these Terms at:

Email: privacy@wellnessmap.ai
For general support, visit our Support page.