These Terms constitute the entire agreement between you and Welltiss Ltd. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
These Terms supersede any prior agreements or earlier versions of these Terms between you and Welltiss Ltd. for the use of the Services.
Parties of this agreement
You are one party to this contract. The other party to this contract is Welltiss Ltd.
Using the Service
The Welltiss Service consists of Welltiss device, Welltiss Software (as defined below), and other products, services and web sites hosted or made available by us, which enable you to do many wonderful things on multiple mobile devices and computer systems (collectively, the “Service”). In exchange for being enabled to use the Service, you agree to abide by these Terms.
Some of our Services allow you to download software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Modifying the Services
The Service may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such thirdparty websites and do not have control over any materials or content made available therein. Our inclusion of a link to a thirdparty website in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third-party website, you accept that we do not exercise any control over such websites or their content. We have no responsibility for the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.
Your information and permissions
Sharing your data
Our Services let you share Your Information with others, so please think carefully about when you share.
When you use our Services, you provide us with things like your name, email, biometric data and so on (“Your Information”). Your Information is yours. These Terms don’t give us any rights to Your Information except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Information, backing it up, and sharing it when you ask us to. Our Services also provide you with features that may require our systems to access, store and scan Your Information. You give us permission to do those things, and this permission extends to third parties we work with. Our Services let you share Your Information with others, so please think carefully about when you share.
We encourage you to use a distinct and non-obvious username and password combination that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of Your Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided Your Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep Your Information secure. If you discover any unauthorized use of Your Information or suspect that anyone may be able to access Your Information, you should immediately change your password and notify our Customer Support team.
In order to use Welltiss, you’ll need to install our software on your computers, tablets or/and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility.
WELLTISS IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE. We are not responsible for any health problems that may result from recommendations, activities, or other information or events you learn or experience through the use of Welltiss. For any products or services recommended on this web site, you should read carefully all product packaging and instructions you purchase or intend to purchase. You agree that you use Welltiss at your own risk. Information provided on this web site and the use of any product or service from our web site by you DOES NOT create a doctor-patient relationship between you and any of the physicians or health professionals affiliated with our web site. Information and statements regarding devices discussed herein have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat or cure any disease.
If you are in the care of a physician, consult your physician before using this device. If you are susceptible to Reflex Syncope (fainting) for example, as a result of donating blood, getting a shot or due to anxiety then please consult your physician.
- DO NOT use this device if you have a cardiac pacemaker, implanted defibrillator, or other implanted metallic or electronic device.
- DO NOT use during pregnancy or if you are breastfeeding.
- DO NOT use this device if you have epilepsy or a history of seizures.
- DO NOT use this device if you have a Temporomandibular Joint Disorder, Bell’s Palsy, impaired cranial nerve function.
- DO NOT place Welltiss on body in locations other than those directed.
- DO NOT use this device while driving, operating machinery, or during any activity in which stimulation can put you at risk for injury.
- DO NOT use the device while in a shower, bath, pool, or other body of water.
- DO NOT use device if the housing has been damaged.
- DO NOT use device in the presence of strong electromagnetic fields.
If you experience adverse reactions, stop using the device and consult with your physician.
Use only smartphone and brands with all certificates and licenses. Use of accessories not approved by the manufacturer may cause harm or injury. Do not disassemble the module.
Terms of licence
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to download and install a copy of the Application onto any authorized device you own and control, and to use such copy of the Application solely for your personal, non-commercial use. We reserve all rights in the Application not expressly granted to you in these Terms.
The copy of the Application is licensed, not sold to you. You agree that we and our licensors own all right, title and interest in and to the Application, including all intellectual property rights therein, and that we retain ownership of all copies of the Application even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Application.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Intellectual property rights
Except as expressly specified in these Terms, you may not: (a) copy or modify, or create derivative works of the Application or the Service, including, without limitation, make adaptations or modifications to the Application or the Service; (b) sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Application or the Service to any third party; (c) make the Application or the Service available to multiple users by any means, including without limitation by uploading the Application or the Service to a file-sharing service or other type of hosting service or by otherwise making the Application or the Service available over a network where it could be used by multiple devices at the same time; (d) disassemble, decompile, reverse engineer, or attempt to derive the source code of the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You agree to comply with any technical restrictions in the Application or the Service that allow you to use the Application or the Service only in certain ways.
Automatic updating consent
Using services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, WEW AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. YOU USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS.” AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
You also acknowledge that a variety of our actions may impair or prevent you from accessing Your Information or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any of Your Information. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, WELLTISS, OUR AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.
Agreement to arbitrate
Before filing a claim against Welltiss Ltd., you agree to try to resolve the dispute informally by contacting SUPPORT. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Welltiss Ltd. may bring a formal proceeding.
We both agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to arbitrate below.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Claim time limitation
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Services or Products or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
Exceptions to Agreement to arbitrate
Either you or Welltiss Ltd. may assert claims, if they qualify, in small claims court in Slovenia. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Law and government
Terms and the relationship between you and Welltiss Ltd. (including any dispute) shall be governed in all respects by the laws of the Slovenia, as they apply to agreements entered into.
You agree to indemnify and hold Welltiss Ltd., its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Services, any violation of these Terms or any other actions connected with your use of the Services (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Due to changes in our Service and the laws that apply to us and your changes in these Terms are almost certain to happen. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.
If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
If, through accessing or using the Services, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
You acknowledge and agree that each affiliate of Welltiss shall be a thirdparty beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a thirdparty beneficiary to these Terms.