Initial Effective Date: June 30, 2017 (GMT)
Latest Revised Date: July 23, 2024 (GMT)
Version: 4.4.0
Welcome to Wellzy, the mobile and online service of Wellzy Inc. (hereinafter referred to as "Wellzy", "We", "Us" or "Our"). These Terms of Service apply to all visitors, data subjects, and others who access the Service ("User(s)" or "You/r"), including persons buying for teams ("Subscribers"). This document is a legally binding agreement between You and Wellzy Inc., a private company registered in the USA. The domain name www.wellzy.io and all associated subdomains (hereinafter referred to as "Website") and Wellzy mobile application, web-based and online applications ("Mobile Software" or "Wellzy App") is owned and managed by Wellzy Inc.
You may use our Apps to access one or more of our services and offerings (collectively the "Service(s)" or "Wellzy Service"):
We may also provide these and additional services on behalf of Your Institution ("Institutional Services"). An Institution could be an enterprise, university, hospital, research institution, or other public or private organization. Institutional Services may involve processing information on behalf of the Institution. Where applicable, you must agree to the Terms of Service and Privacy Policies of both Wellzy and your Institution to proceed with using the Institutional Service.
By accessing or using the Wellzy App and Service, You signify that You have read, understood, and agree to be bound by these Terms of Service and to the collection and use of Your Information as set forth in the Privacy Policy, Cookie Policy, and terms of any other policies of Wellzy as may be applicable to You whether or not You are a registered User of Our Service. These Terms of Service, Privacy Policy, Cookie Policy, and any other terms and conditions as may be applicable shall hereinafter collectively be referred to as "Agreement" or "Contract".
The Wellzy App has a virtual AI-based system ("AI Coach" or "Wellzy AI Coach") that You can chat with, including upon Your choice, the ability to subscribe and to message a highly trained and qualified mental health and emotional well-being professional ("Wellzy emotional well-being professional" or "emotional well-being professional" or "professional") or for Institution Users, to be able to use an Institutional support mechanism integrated within the Wellzy App, and through a conversational interface get access to tools and techniques to manage Your emotional well-being.
The Wellzy App is available for both iOS and Android mobile systems and as a web browser-based system either on Wellzy's web application or integrated within an Institution website. The AI Coach Service over WhatsApp business is currently piloted only in India.
Your Interaction with the AI Coach is with an artificial intelligence system and not a human. The AI Coach is restricted in the means of response, and the intended usage of Wellzy App is for providing support via evidence-based tools and techniques to manage emotions and encourage mental well-being, as an early intervention tool in a self-help or self-monitoring context.
This is not intended to be a replacement for face-to-face psychotherapy or to provide a diagnosis, prognosis, treatment, or cure for a disease/condition/disorder or disability.
Wellzy App and Service is not intended for use in crises such as abuse or complex or severe mental health conditions that cause, for example; ideation of suicide, harm to self and others, or for any medical emergencies. Wellzy App is designed to offer general mental health advice and support and cannot offer condition-specific advice for complex medical conditions such as complex long-term illness, cancer, infertility, or genetic disorders among others.
The App may not be right for You if You are; a child under 13 years, someone with a severe mental or physical condition or disorder, a shift worker, someone who regularly keeps changing sleep schedules, or someone who sleeps at times that are out of sync with Your body's natural rhythm.
You may use the Service only if You are a natural/legal person, agree to this Agreement and form a binding contract with Wellzy, and only in compliance with all applicable local, state, national, and international laws, rules, and regulations.
Age Requirements:
Wellzy reserves the right to refuse access to the Service or terminate Your account if eligibility is not met, at its sole discretion. The Service is not available to any Users previously removed from the Service by Wellzy.
When You use the Wellzy emotional well-being professional Service provided to You on the Wellzy App, the following terms apply:
We use third-party Generative AI technology services for our Wellzy+ GAI Services. Wellzy+ represents the next generation of Wellzy, designed to generate static, quality, and clinically validated content that provides a high performing, safe, and improved user experience with our AI-based Services.
No personal data gets shared with these third-party services. Wellzy+ GAI Service is provided as a deterministic framework that follows the same safety-based structure as the regular Wellzy services. Every Wellzy+ GAI Services use case is tested for repeatability and clinical safety.
Generated content needs to pass our safety and quality guardrails before being accepted for use. All generated content scripts are rigorously quality checked for clinically validated and safe responses using a therapist-in-the-loop for safety, privacy, quality, and performance.
Refer to the additional Wellzy+ Generative AI Terms of Use and Wellzy+ Generative AI Privacy Policy to be informed about our Wellzy+ GAI Service and how we handle and process your provided data during the use of this Service.
You agree not to engage in any of the following prohibited activities:
Some areas of the Service may allow Users to post content such as chat content, profile Information, videos, comments, questions, and other content ("User Content"). We claim no ownership rights over User Content created by You; the User Content You create remains Yours.
We deeply care about the privacy of Our Users. You understand that by using the Services You consent to the collection, use, and disclosure of Your Personal data and aggregate data as set forth in our Privacy Policy.
We take all reasonable care to keep Your conversations private and secure. You can also keep Your conversations private and device secure by following the best practices outlined in the Privacy Policy.
For safety and security reasons, We strongly recommend that You keep Your conversations with Wellzy App private.
Your submitted Data will be transferred, stored, and processed in Our secure servers hosted by our cloud service providers. You understand and agree that We may transfer, store and process minimal data outside Your region to enable us to provide Our services. These could be to regions where data protection laws may be less stringent than those in Your country. Such data handling will be based on Our Privacy Policy.
The AI Coach Services are provided to the Users free of cost at present. The User may choose to avail additional services available on the Mobile Software ("Premium Services") upon payment of a subscription fee.
If You purchase Wellzy Services by means of Web-based purchases, You may use other third-party payment gateways provided by PayPal, RazorPay, and Stripe to make Your payments. If You want to cancel or seek a refund for Your subscription for any web-based purchases, please write to Us at wellzycare@gmail.com.
Note: In-App products or services purchased via Google Play Points will be non-refundable.
Except for Your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Wellzy Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Wellzy and its licensors.
Use of Wellzy Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
The service is provided on an "AS IS" and "AS AVAILABLE" basis. Use of the Service is at your own risk.
To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Wellzy, its subsidiaries, its affiliates, and its licensors do not warrant that:
To the maximum extent permitted by applicable law, in no event shall Wellzy, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this Service.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Wellzy under such circumstances shall not exceed the greater of USD 100 or the total amount of fees paid to Wellzy by such person for or in connection with the Services in the twelve (12) month period preceding this applicable claim.
The App is controlled by Wellzy from its offices in India, the United Kingdom, and the United States.
The Service is controlled and operated from facilities in India, UK, and the USA. You understand and agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations.
Wellzy may, in its sole discretion, modify or update this Agreement from time to time, and so You should review this page periodically. When We change the Agreement in a material manner, We will update the 'last modified' date at the top of this page.
Your continued use of the Service after any such change constitutes Your acceptance of the new terms. If You do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
If You have any questions, comments, or concerns about this Agreement or practices, please contact us at:
Email: wellzycare@gmail.com
Last Updated: July 23, 2024 | Version: 4.4.0