Terms of Service

Effective Date: January 6, 2026

1. Agreement to the Terms of Services

Welcome to wellKnell, operated by wellKnell LLC (“wellKnell,” “Company,” “we,” or “our”). By accessing or using our services in connection with our guided mediation and relaxation platform through wellknell.ai (the “Website”), our wellKnell mobile application (the “App”), or any other platforms or services that we make available (collectively, the “Service”), you agree to these Terms of Service (“Terms”) and acknowledge that you have reviewed our Global Privacy Policy. These Terms apply whether or not you create an account or purchase a subscription.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

2. Important Notices

Mandatory Arbitration and Class Action Waiver. PLEASE BE ADVISED: THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU MAY BRING CLAIMS BETWEEN YOU AND THE COMPANY, INCLUDING THE DISPUTE AND ARBITRATION PROVISIONS IN SECTION 29 BELOW. THESE PROVISIONS REQUIRE YOU TO RESOLVE ALL DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Additional Rights for European Union, United Kingdom, and EEA Users. If you are a consumer residing in the European Union, United Kingdom, or European Economic Area, you may have additional mandatory rights under applicable consumer protection laws. Nothing in these Terms is intended to limit or exclude any rights that cannot be waived under applicable law. In the event of a conflict between these Terms and any mandatory consumer rights, those mandatory rights will prevail.

You may also have the right to withdraw from a digital services contract within fourteen (14) days without giving any reason, unless you expressly consent to immediate performance and acknowledge that you thereby lose your right of withdrawal. Refund eligibility for EU users is further described in our Refund and Cancellation disclosures.

3. Medical Disclaimer

THE SERVICE IS PROVIDED FOR GENERAL WELLBEING AND INFORMATIONAL PURPOSES AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE CONTENT, FEATURES, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF MEDICINE, PSYCHOLOGY, PSYCHOTHERAPY, CLINICAL COUNSELING, OR ANY LICENSED HEALTHCARE SERVICE, NOR DO THEY CONSTITUTE PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT UNDER APPLICABLE LAW. THE SERVICE IS NOT PROVIDED BY A MEDICAL OR HEALTHCARE PROFESSIONAL, AND IT DOES NOT CREATE A PHYSICIAN PATIENT RELATIONSHIP OR ANY OTHER PROFESSIONAL HEALTHCARE RELATIONSHIP BETWEEN YOU AND THE COMPANY.

YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PHYSICIAN, THERAPIST, OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING YOUR HEALTH, SYMPTOMS, OR TREATMENT OPTIONS. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING TREATMENT BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED THROUGH THE SERVICE.

THE SERVICE IS NOT DESIGNED TO ASSIST WITH MEDICAL OR MENTAL HEALTH EMERGENCIES. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL OR PSYCHOLOGICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR LOCAL EMERGENCY NUMBER OR SEEK CARE FROM AN EMERGENCY MEDICAL PROVIDER.

4. Eligibility

By accessing or using the Service, you represent and warrant that:

• You are at least sixteen (16) years old and, if you are under the age of eighteen (18), you use the Service only with the consent and under the supervision of your parent or legal guardian, who agrees to be bound by these Terms on your behalf; and
• You are accessing the Service solely for personal use.

If you are located in a jurisdiction that requires a higher minimum age of digital consent, you may only use the Service if you meet that age requirement or if your parent or legal guardian has provided valid consent as required by applicable law.

5. Account Registration and Security

To use our Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law. Notify us immediately by email at info@wellknell.ai of any unauthorized use of your account.

6. User Responsibilities

You are obligated to:

• Comply with these Terms.
• Review the Website or App for updates periodically.
• Protect the security of your login credentials.

7. Subscriptions, Billing, and Payments

Subscription Plans

The Services are available only through a paid subscription unless otherwise expressly stated in writing. When you purchase a subscription, you agree to the pricing, duration, and features presented to you at the time of purchase. Subscription pricing is shown on the Website and the App at the time of purchase and may vary by region or platform.

Some subscription plans may include a limited number of meditation sessions per billing period (“Zen Credits”). Zen Credits represent limited, revocable, non-transferable access rights to features of the Service and are not currency, stored value, or legal tender. Zen Credits have no cash or refund value, are non-redeemable, non-transferable, and may expire in accordance with the applicable plan rules.

Auto-Renewal

Subscriptions automatically renew at the end of each subscription period unless canceled before renewal. You authorize the applicable platform or the Company to charge your payment method for the then-current price for each renewal term, including any taxes unless you cancel your subscription. For details on how to cancel your subscription, please see our Cancellation Policy in Section 8.

External Services (Apple and Google Play)

If you purchase a subscription through an external platform such as Apple’s App Store or Google Play (each an “External Service”), your purchase and billing relationship is with that External Service, not the Company.

• You must manage or cancel your subscription directly through your External Service account.
• Refunds for purchases made through Apple must be requested from Apple.
• Refunds for purchases made through Google Play must be requested from Google.

The Company cannot process, manage, or cancel subscriptions purchased through External Services.

Refunds

Except where required by law or as otherwise described in these Terms, all payments are non-refundable and all sales are final.

Pricing and Changes to Subscription Features

We may modify subscription pricing or the features included in any subscription plan at any time. Any pricing change will take effect at the start of your next subscription period. We will provide advance notice of changes when and as required by law.

Free Trials and Promotional Offers

We may offer free trials, discounted introductory periods, or promotional offers. If you do not cancel before the end of the trial or promotional period, your subscription will automatically convert to a paid plan, and your payment method will be charged the applicable subscription price. Unless stated otherwise in the terms of the promotional offer, such promotional offers are only for new customers who have not previously subscribed to our Services.

Zen Credits issued as part of a free trial or promotional offer are limited, revocable, non-transferable access rights to features of the Service and are not currency, stored value, or legal tender. Zen Credits issued in connection with free trials or promotions have no cash or refund value and automatically expire upon the conclusion of the applicable trial or promotional period unless otherwise expressly stated at the time of offer.

Taxes

Subscription fees may include applicable taxes, including sales tax, VAT, GST, or other government-imposed charges. These amounts may vary based on your location.

If you purchase a subscription through an External Service (such as Apple or Google Play), the External Service is responsible for calculating, collecting, and remitting any applicable taxes. If you purchase a subscription directly from the Company, you are responsible for any applicable taxes unless otherwise expressly stated at checkout.

No Guarantees of Availability

Subscription access, prices, and features may vary by region and are subject to change. We do not guarantee that any specific subscription feature will remain available at all times.

The number of Zen Credits included in any subscription, plan, or promotional offer, and any rules governing carry forward, accumulation limits, or expiration of Zen Credits, are determined at the time of purchase and may vary by plan and region.

8. Cancellation Policy

Cancellation at Any Time

All subscribers may cancel their subscription at any time by following the cancellation process applicable to their method of purchase. Cancellation stops future charges but does not entitle you to a refund or prorated credit for any amounts already paid, except where required by applicable law.

Cancellation does not convert any unused Zen Credits into cash, refunds, or transferable value. Zen Credits are limited, revocable, non-transferable access rights and are not currency, stored value, or legal tender. Any unused Zen Credits may expire in accordance with the applicable plan rules and have no cash or refund value.

How to Cancel

• If purchased through Apple or Google Play, you must cancel through your External Service account settings.
• If purchased through the Website or App, you may cancel through your account settings or by contacting Customer Support.

Effect of Cancellation

Your cancellation will take effect at the end of your current billing period. You will continue to have access to the subscription features until the expiration of the then-current paid period.

Refunds (General Rule)

All purchases are final and non-refundable, and the Company does not provide refunds or credits for partially used billing periods, except where required by applicable law or expressly stated at the time of purchase.

Refunds for Purchases Through Apple or Google Play (External Services)

If you subscribed using Apple ID or Google Play, refund requests must be submitted to that provider. The Company cannot process, manage, or issue refunds for purchases made through third-party app stores.

Examples:

• Apple refund requests must be submitted through Apple’s refund tools or Apple Support.
• Google Play refund requests must be submitted directly through Google.

European Union Withdrawal Right

If you are a consumer residing in the European Union, United Kingdom, or European Economic Area, you may have a statutory right to withdraw from a digital services contract within fourteen (14) days of purchase without giving any reason. This right does not apply once the Service has begun with your prior express consent and your acknowledgment that you thereby forfeit your right of withdrawal. Where applicable, refunds under this subsection will be processed in accordance with applicable law.

If a withdrawal is legally valid, any unused Zen Credits associated with the withdrawn subscription will be canceled and removed upon processing of the refund.

9. AI Features and Transparency

General

The Service includes certain automated features powered by artificial intelligence (“AI Features”) designed to generate, personalize, and deliver meditation and wellness-related content. AI Features may include, without limitation:

• AI-generated guided meditation sessions;
• dynamically generated meditation scripts, prompts, or audio content;
• personalized session recommendations based on user-selected preferences; and
• automated content adaptation based on usage patterns.

AI Features operate entirely through automated systems and are not human beings, instructors, healthcare providers, therapists, counselors, or medical professionals. The Service is intended solely for general mindfulness, relaxation, and wellness purposes and is not designed for diagnosis, treatment, therapy, or medical care of any kind.

AI Limitations

You acknowledge and agree that:

• AI-generated output may be inaccurate, incomplete, misleading, biased, or inappropriate;
• AI Features do not verify factual accuracy and may generate incorrect or fabricated information;
• AI Features may fail to detect harmful, unsafe, or unsuitable content;
• You are solely responsible for evaluating, verifying, and relying on any AI-generated content;
• You must use your own independent judgment when considering or acting on any AI-generated suggestions;
• AI Features are provided for general wellness, mindfulness, and relaxation purposes only and do not provide medical advice, diagnosis, treatment, therapy, or healthcare services of any kind; and
• The Company is not liable for any actions, decisions, results, effects, injuries, losses, or outcomes arising from your use of or reliance on any AI Feature.

Safety Limitations

Certain AI Features may be used to generate, personalize, or adapt meditation and wellness content based on user-selected preferences or usage patterns. However, you acknowledge and agree that:

• AI-generated meditation or relaxation content may not be suitable for every individual or situation;
• such content may unintentionally cause discomfort, emotional responses, or adverse reactions;
• automated content generation does not guarantee emotional well-being, stress reduction, improved sleep, or any particular wellness result; and
• you should use your own judgment and discontinue use of the Service if any content causes distress, discomfort, or concern.

Transparency

You understand and agree that:

• the meditation and wellness content available through the AI Features is generated through automated systems and not by a human instructor or professional;
• any personalization or adaptation of content is based solely on the preferences, settings, or usage information you choose to provide through the Service;
• the Company does not represent or warrant that any AI-generated content is reviewed, approved, or supervised by a human prior to delivery; and
• AI-generated content is offered solely as a general wellness tool and not as professional, medical, or therapeutic guidance.

No Guarantee of Results or Outcomes

You acknowledge and agree that:

• the Service does not guarantee any particular emotional, mental, physical, or wellness result from your use of the AI Features or any meditation or mindfulness content;
• individual experiences and responses to meditation and wellness practices vary widely;
• the accuracy, usefulness, availability, functionality, and performance of any AI Feature are not guaranteed; and
• use of the Service and AI Features does not guarantee relaxation, stress reduction, improved sleep, emotional well-being, focus, or any specific benefit.

THE AI FEATURES AND ALL MEDITATION AND WELLNESS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE SUBJECT TO THE DISCLAIMER OF WARRANTIES, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THESE TERMS.

10. Rules of Conduct

These rules govern user behavior, system access, and platform integrity. When using the Service, you agree to follow these rules.

Content Responsibility and Lawful Use

• You may submit only limited text-based inputs, such as session ratings or written feedback, and you are responsible for ensuring that any inputs you provide are lawful, respectful, and appropriate.
• You may not submit unlawful, harmful, abusive, threatening, harassing, or otherwise inappropriate content, including content that encourages harm, self-harm, violence, or unsafe behavior.
• You may use the Service only for lawful, personal, and appropriate purposes.

Safety and Protection of Users

• You may not misrepresent your identity, age, or affiliation, or impersonate any person or entity.
• You may not attempt to contact, interact with, or obtain information about other users through the Service.
• You may not use the Service to request, collect, or store personal information about any individual.
• You may not submit or transmit malware, viruses, corrupted data, or any harmful code.

False Accounts and False Endorsements

• Do not create accounts using false information, fake identities, or automated means.
• Do not claim or suggest that any content or feedback you provide is endorsed by the Company unless we provide prior written authorization.

Security and Technical Restrictions

• Do not reverse engineer, decompile, disassemble, modify, or otherwise attempt to access or extract the source code of the Service or any related software.
• Do not use or develop any third-party applications, tools, bots, scripts, artificial intelligence systems, machine-learning systems, or other automated technologies that interact with the Service, access the Service, or collect information from the Service without our express written consent.
• Do not probe, scan, or test the vulnerability of the Service or any network connected to the Service.
• Do not upload, introduce, or distribute viruses, malware, spyware, bots, harmful code, or corrupted data.
• Do not use automated tools such as scrapers, crawlers, bots, scripts, or similar technologies to access or interact with the Service.
• Do not interfere with, disrupt, or attempt to negatively affect the Service, servers, networks, or the experience of any users.
• Do not attempt to circumvent, probe, or test the security, authentication, or technical protections of the Service.

Legal Compliance

You agree to:

• comply with all applicable federal, state, and local laws and regulations in connection with your access to and use of the Service;
• if you access the Service outside the United States, comply with all applicable local laws, including data export and import regulations; and
• use the Service only as expressly permitted by these Terms, the Rules of Conduct, and any policies or guidelines we publish from time to time.

IF YOU VIOLATE THESE TERMS OR THE RULES OF CONDUCT, THE COMPANY MAY SUSPEND OR TERMINATE YOUR ACCOUNT OR ACCESS TO THE SERVICE, IN ITS SOLE DISCRETION, AT ANY TIME AND WITHOUT PRIOR NOTICE. ANY TERMINATION SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY AND NO-REFUND PROVISIONS SET FORTH IN THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING ANY MEDITATION, WELLNESS, OR AI-GENERATED CONTENT, IS AT YOUR OWN RISK. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY MISUSE OF THE SERVICE OR FOR ANY CONSEQUENCES ARISING FROM YOUR PERSONAL USE OF THE CONTENT, EXCEPT AS EXPRESSLY REQUIRED BY LAW.

11. Enforcement

We may take any action we consider reasonably necessary to protect the Service, users, or the public, including removing or restricting access to content, limiting access to features, issuing warnings, suspending or terminating accounts, or notifying law enforcement where required or appropriate. Our enforcement decisions are made in our sole discretion. We are not required to provide advance notice, an explanation, or an opportunity to appeal, and we are not liable for any actions taken under this Section to the maximum extent permitted by law.

Any use of automated tools, scraping technologies, bots, artificial intelligence systems, or reverse-engineering methods to access, exploit, or interfere with the Service constitutes a material breach of these Terms and may result in immediate suspension or termination of your account.

12. No Guarantee of Results or Outcomes

The Company does not guarantee that use of the Service will produce any specific physical, emotional, mental, or wellness outcome. Individual experiences with meditation, mindfulness, and relaxation practices vary widely, and results depend on many personal factors beyond the Company’s control. The Company makes no representations or warranties regarding any particular benefit, improvement, or result that may be achieved through use of the Service.

Your use of the Service is voluntary and at your sole discretion and risk.

13. Account Suspension and Termination

Termination by You

You may delete your account at any time using the tools provided on the Website or App. Deleting your account does not automatically cancel your subscription. To avoid future charges, you must cancel your subscription separately as described in Section 7.

Termination by the Company

We may suspend or terminate your account, or restrict access to any part of the Service, at any time, with or without notice, if we determine that: you have violated these Terms, including the Rules of Conduct or any applicable policies; your use of the Service poses a legal, security, or operational risk to the Company; or such action is reasonably necessary to protect the Service, its systems, or users.

Effect of Suspension or Termination

Upon suspension or termination of your account, your right to access and use the Service immediately ceases. We may permanently delete or deactivate your account and any associated content, preferences, usage data, or other information stored in connection with your account, without any obligation to provide copies or backups.

No Restoration Guarantee

We are not obligated to reinstate any account that has been suspended or terminated. Any reinstatement is solely at the Company’s discretion and may be subject to additional conditions, limitations, or verification requirements.

Data Retention

Following account termination, we may retain certain information as required by law or for legitimate business purposes, including billing and accounting, fraud prevention, security and system integrity, dispute resolution, and compliance with legal obligations, in accordance with our Privacy Policy.

14. Links

The Service may contain links to third-party websites, resources, or services that are not owned, controlled, or operated by the Company. These links are provided solely for your convenience and do not constitute sponsorship, endorsement, or affiliation by the Company.

We have no control over third-party sites and make no representations or warranties regarding the content, accuracy, completeness, availability, or quality of any information, materials, products, or services on or available through such sites. You acknowledge and agree that the Company is not responsible or liable for any third-party content, advertising, products, services, or materials accessed through such third-party links.

You further acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by your use of, or reliance on, any third-party site, content, goods, or services, or for any disruption, failure, or technical issues that may result from accessing such links. You are solely responsible for reviewing and complying with the terms and privacy policies of any third-party website you access.

The inclusion of any third-party link does not imply any endorsement, approval, or responsibility for such third party or its content.

15. Third-Party Services

The Service may integrate with, use, or provide access to third-party services, products, software, or tools (“Third-Party Services”), including payment processors, authentication services, analytics providers, hosting platforms, and other applications. Third-Party Services are provided by independent entities and are not controlled, operated, or endorsed by the Company unless expressly stated.

Your use of any Third-Party Service is governed by that third party’s terms and privacy policies, not by these Terms. We are not responsible for the actions, content, accuracy, security practices, data handling, availability, or performance of any Third-Party Service, and we make no representations or warranties regarding them.

You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage, loss, claim, or harm arising out of or relating to:

• your use of any Third-Party Service;
• your reliance on any information, materials, or functionality provided by a Third-Party Service; or
• any failure, error, interruption, or security issue associated with a Third-Party Service.

You may not use, access, develop, or distribute any third-party tools, scripts, software, applications, artificial intelligence systems, machine-learning models, or services that interact with, access, modify, or collect data from the Service without our express prior written consent.

16. Privacy Policy and Your Personal Information

Your personal information and other data you provide when accessing or using the Services are processed in accordance with our Global Privacy Policy, which is incorporated into these Terms by reference.

You should not share any personally identifying information about yourself, your children, or any other person through the Service. The Company will handle any personally identifying information you submit in accordance with the Global Privacy Policy.

By using the Service, you acknowledge that you have reviewed the Global Privacy Policy and understand how your information is collected, used, processed, and shared as described in that Policy.

17. International Use and Data Transfers

The Service is operated from the United States, and your information may be processed or stored in the United States or other locations outside your state or country of residence. These locations may have data protection laws that differ from those in your jurisdiction. If you access the Service from outside the United States, you do so on your own initiative and are responsible for complying with all local laws. By using the Service, you acknowledge that your personal information may be transferred to, stored in, and processed in the United States as described in the Privacy Policy.

18. Ownership of Intellectual Property; Trademarks and Copyrights

The Service, the software, and all content, features, and materials provided through the Service are owned by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited rights expressly granted to you under these Terms, no rights or licenses are transferred to you, and all rights not expressly granted are reserved by the Company.

You may not copy, modify, adapt, translate, create derivative works from, distribute, license, sell, or otherwise exploit any part of the Service or the software without the Company’s prior written consent. All trademarks, service marks, logos, and other proprietary marks displayed in the Service are the property of the Company or its licensors. You may not use or display any of these marks without prior written permission.

Any content or materials provided by advertisers or third parties within the Service are also protected by intellectual property and proprietary rights. You may not use such materials without the express permission of the rights holder.

19. Feedback and Suggestions

If you provide the Company with any ideas, suggestions, feedback, proposals, or other comments relating to the Service (“Feedback”), you acknowledge and agree that the Company may use, copy, modify, distribute, adapt, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to you.

You understand that the Company has no obligation to keep Feedback confidential, to consider or implement any Feedback, or to return any materials submitted.

20. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, distribute, license, or otherwise exploit any portion of the Service, or any content, information, or materials made available through the Service that you do not own, for any commercial or other purpose without the Company’s express prior written consent in each instance.

21. Modification and Termination of the Service

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for the consequences of any modification, suspension, or discontinuance of the Service.

22. Service Usage and Storage

You acknowledge that the Company may establish general practices and limits regarding the use of the Service, including limits on storage, features, or usage frequency.

23. Digital Millennium Copyright Act (DMCA)

We take copyright protection seriously and strive to address alleged infringement promptly and effectively.

If you believe that any content on the Service infringes your intellectual property rights, you may submit a notification of claimed infringement (“DMCA Takedown Notice”) under the Digital Millennium Copyright Act (“DMCA”). Your notice must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered, a representative list of such works;
• Identification of the material that is claimed to be infringing or the subject of infringing activity, with information reasonably sufficient for us to locate the material;
• Information reasonably sufficient to allow us to contact you, such as your name, mailing address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DMCA notices should be sent to:

wellKnell LLC
Attn: Copyright Compliance
1440 W. Taylor St #726
Chicago, IL 60607
info@wellknell.ai

We will respond to valid DMCA Takedown Notices in accordance with the DMCA, including removing or disabling access to the allegedly infringing material when appropriate. We may terminate accounts of users who are repeat infringers.

24. Disclaimer of Warranties

General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL MEDITATION, WELLNESS, AND AI-GENERATED CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Guarantee of Results

THE COMPANY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE REGARDING THE EFFECTIVENESS OF ANY WELLNESS SUGGESTIONS, PROGRAMS, PRACTICES, INSIGHTS, OR CONTENT PROVIDED THROUGH THE SERVICE. RESULTS MAY VARY AMONG USERS, AND THE COMPANY DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY SPECIFIC HEALTH, WELLNESS, OR PERSONAL OUTCOME.

Service Performance and Reliability

THE COMPANY DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR PERSONAL REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY CONTENT, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR SUITABLE FOR YOUR USE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR MATERIALS OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (V) THE SERVICE, WEBSITE, APP, SERVERS, OR SOFTWARE WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY SUCH ISSUES WILL BE CORRECTED.

THE COMPANY IS NOT RESPONSIBLE FOR DELAYS, INTERRUPTIONS, NON-DELIVERY, OR FAILURE TO STORE ANY PREFERENCES, PERSONALIZATION SETTINGS, OR CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICE. THE COMPANY MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE.

No Additional Warranties

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Non-Excludable Consumer Rights

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR LIMITS ANY CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING MANDATORY RIGHTS UNDER EU OR UK CONSUMER PROTECTION LEGISLATION.

25. Indemnity

You agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, contractors, and employees from and against any third-party claims, damages, losses, liabilities, and reasonable attorneys’ fees arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law, rule, or regulation; or (c) your infringement or misappropriation of any rights of another person or entity.

This indemnity obligation applies only to the extent that the claim arises from your conduct and does not apply to the extent the claim results from the Company’s own gross negligence or willful misconduct, where such limitation is required by applicable law.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING ADVERTISERS), THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100.00) OR (B) THE AMOUNT YOU PAID, IF ANY, TO THE COMPANY FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE COMPANY’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S GROSS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) WILLFUL MISCONDUCT OR GROSS NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED BY LAW; OR (IV) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY RIGHTS UNDER EU OR UK CONSUMER PROTECTION LEGISLATION.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

27. Governing Law

This Agreement and your use of the Service are governed by the laws of the State of Illinois, without regard to its conflicts of law principles. You agree that any claim or dispute that is not subject to arbitration must be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you consent to personal jurisdiction in those courts.

28. Dispute and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service will be resolved through final and binding arbitration, to the maximum extent permitted by applicable law, rather than in court, except that you may assert qualifying claims in small claims court. This arbitration agreement applies to you and the Company, and to your and our respective successors and permitted assigns.

The arbitration will be conducted by a single arbitrator through the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in English and will take place in the county where you reside unless you and the Company agree otherwise.

The arbitrator has the authority to resolve all issues related to the dispute, including issues of arbitrability. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You and the Company agree that discovery will be limited to the extent permitted under the applicable rules and the arbitrator’s discretion.

Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in court to protect its rights or interests pending completion of arbitration.

YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IT IS FOREVER BARRED.

NOTWITHSTANDING THE FOREGOING, IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, UNITED KINGDOM, OR ANY JURISDICTION THAT PROHIBITS MANDATORY CONSUMER ARBITRATION, YOU RETAIN THE RIGHT TO BRING CLAIMS BEFORE THE COURTS OF YOUR HABITUAL RESIDENCE, AND THIS ARBITRATION PROVISION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

To the maximum extent permitted by applicable law, you and the Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

If any portion of this Class Action Waiver is found unenforceable, such portion shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect to the maximum extent permitted by law.

29. Class Action Waiver

To the maximum extent permitted by applicable law, you and the Company agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

If any portion of this Class Action Waiver is found unenforceable, such portion shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect to the maximum extent permitted by law.

30. Miscellaneous Terms

Notice

We may send you notices or communications about the Service by email, in-app messages, push notifications, or by posting them on the Website or App. Notices to the Company must be sent by email to info@wellknell.ai or by mail to:

wellKnell LLC
Attn: Legal Notices
1440 W. Taylor St #726
Chicago, IL 60607

You are responsible for keeping your email address and contact information up to date to ensure you receive notices from us.

Entire Agreement

These Terms govern your use of the Service and constitute the entire agreement between you and the Company regarding the Service, and they supersede all prior or contemporaneous communications, understandings, and proposals, whether electronic, oral, or written. You may also be subject to additional terms, policies (including the Privacy Policy), guidelines, or rules that apply when you use certain features of the Service or third-party services, content, or software. In the event of a conflict, these Terms will control unless expressly stated otherwise.

Survival

The following provisions will survive the termination, expiration, or suspension of your account or access to the Service, regardless of the reason for termination: Eligibility (Section 3); Account Registration and Security (Section 4); User Responsibilities (Section 5); Subscriptions, Billing, and Payments (Section 6); Cancellation Policy (Section 7); AI Features and Transparency (Section 8); Rules of Conduct (Section 9); Enforcement (Section 10); No Guarantee of Results or Outcomes (Section 11); Account Suspension and Termination (Section 12, including Sections 12.3 through 12.5); Links (Section 13); Third-Party Services (Section 14); the Privacy Policy (as incorporated by reference); Ownership of Intellectual Proprietary, Trademarks and Copyrights (Section 17); Feedback and Suggestions (Section 18); No Resale of Service (Section 19); Modification and Termination of the Service (Section 20); Service Usage and Storage (Section 21); Digital Millennium Copyright Act (DMCA) (Section 22); Disclaimer of Warranties (Section 23); Indemnity (Section 24); Limitation of Liability (Section 25); Governing Law (Section 26); Dispute and Arbitration (Section 27); Class Action Waiver (Section 28); and this Section 29 (including Sections 29.1 through 29.11), together with any other provisions that by their nature are intended to survive.

Changes to the Terms

The Company may revise these Terms from time to time by posting an updated version on the Website or in the App. If a revision materially affects your rights or obligations, we will provide reasonable advance notice as required by applicable law. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the revised Terms.

Assignment

You may not assign, transfer, or delegate any rights or obligations under these Terms without the Company’s prior written consent. The Company may assign its rights and obligations under these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, with or without notice to you. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

Force Majeure

The Company will not be responsible or liable for any delay or failure to perform any obligation under these Terms to the extent such delay or failure results from events or circumstances beyond the Company’s reasonable control, including natural disasters, acts of God, labor disputes, labor shortages, supply chain interruptions, utility or power failures, internet or telecommunications outages, government actions, public health emergencies, war, terrorism, civil disturbances, or similar events. The Company’s performance will be excused for the duration of the force majeure event.

No Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company to be effective.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

Titles

Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.

Independent Contractor

Nothing in these Terms will be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company. Neither party has authority to bind the other in any respect, and each party remains an independent contractor responsible for its own acts and omissions.

Contact

Please report any violations of these Terms or direct any questions about the Service to the Company at info@wellknell.ai.