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These Terms of Service ("Terms") govern your access to and use of the VIWELL website, applications, digital platforms, and any in-person services provided by VIWELL Lifestyle Coaching (collectively, the "Services"). These Terms apply whether you access the Services through an organization you are affiliated with (B2B), or as an individual consumer who creates an Individual Plan or Family Plan (B2C).
VIWELL Lifestyle Coaching is registered at: 801 Ubora Tower, Business Bay, Dubai, United Arab Emirates.
Our Privacy Statement forms part of these Terms and explains how we collect, use, protect, and disclose personal data in connection with your use of the Services. Together, these Terms and our Privacy Statement constitute the agreement between you and VIWELL (the "Agreement").
By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by this Agreement.
If you do not agree to these Terms, you must not access or use the Services. If you have questions or concerns, please contact us at care@viwell.com.
These Terms apply to all visitors, users, and other individuals who access or use the Services.
By using the Services, you may receive communications from VIWELL relating to your account, the Services, updates, and other information necessary for the operation of the platform.
Where permitted by applicable law, we may also send newsletters, marketing, promotional materials, and other communications. Where consent is required, we will obtain it through an appropriate consent mechanism.
You may opt out of marketing communications at any time by following the unsubscribe instructions included in the relevant communication or by contacting us at care@viwell.com. VIWELL does not use sensitive health-related personal data for direct marketing where prohibited by applicable law.
Opting out of marketing communications will not affect essential service-related communications.
From time to time, VIWELL may make contests, challenges, sweepstakes, promotions, or similar activities available through the Services ("Promotions").
Certain Promotions may be subject to additional terms, conditions, eligibility requirements, or rules. Where applicable, these will be provided separately. Eligibility for a specific Promotion may also depend on your age and, for minors, the terms of the Family Plan through which you access the Services.
If the rules applicable to a specific Promotion conflict with these Terms, the Promotion-specific rules will apply to the extent of that conflict.
VIWELL provides digital wellbeing services designed to help users become more aware of wellbeing topics, develop healthier habits, and support their overall wellbeing and performance.
The Services may include, among other things:
Wellbeing content and educational materials.Personalized recommendations. Lifestyle and wellbeing activities. Challenges and engagement programs.Health and wellbeing assessments.Exercise, nutrition, and lifestyle resources. Progress tracking and other wellbeing-related features.Integrations with selected third-party services.
The specific content, features, and Services available to you may vary depending on whether you access VIWELL through an organization or as an individual consumer, your plan type, and, for minors, applicable age-based restrictions.
The Services are designed to support users in making informed lifestyle choices and actively managing aspects of their wellbeing.
Any physical products, items, equipment, or other goods referred to or recommended through the Services are not themselves part of the Services unless expressly stated otherwise and may need to be purchased separately.
Certain Services may be provided or supported by third-party providers. Your use of such third-party services may be subject to the applicable third party's terms and conditions and privacy policies.
Certain VIWELL features may also integrate with third-party services, such as calendar providers. Where you choose to enable an integration, VIWELL may access information and perform actions authorized by you, such as reading available calendar information or creating, updating, or deleting calendar events initiated by you.
Third-party integrations are optional and are subject to the terms and policies of the relevant third-party provider.
VIWELL offers an Individual Plan and Family Plans, available for up to 5 members or up to 8 members, including the primary account holder, as described at checkout.
A Family Plan is created and managed by a primary account holder, who is responsible for the plan's subscription, billing, and for adding or removing family members.
Family members added to a Family Plan, including minors, are subject to these Terms and our Privacy Statement.
A primary account holder's access within a Family Plan is limited to plan and billing management. A primary account holder does not have access to another family member's individual wellbeing data, assessment answers, or activity within the Services.
Where a family member is a minor, the eligibility and consent provisions described in Section 10 (Age Requirements) and in our Privacy Statement also apply.
Access to the Services requires an active paid subscription. VIWELL does not offer a free tier of the Services, for either Individual Plans or Family Plans.
If you subscribe as an individual consumer (B2C), you will be asked to provide payment details to begin your subscription. New B2C subscriptions include a 7-day free trial, after which your subscription will automatically renew and you will be charged, unless you cancel before the trial ends.
If you access VIWELL through your employer or another organization (B2B), your access is provided and paid for by that organization, and you are not required to provide payment details.
All B2C subscription purchases are processed through, and governed by the terms and payment policies of, the Apple App Store or Google Play Store, as applicable. This includes billing, automatic renewal, and cancellation of your subscription.
Refunds for B2C subscription purchases are handled directly by Apple or Google in accordance with their respective refund policies. VIWELL does not process refunds for these purchases directly. To request a refund, or to manage or cancel your subscription, please use your Apple ID or Google Play account settings, or contact Apple or Google support directly.
VIWELL provides wellbeing and lifestyle services and does not provide medical diagnosis, medical consultation, medical examination, or medical treatment.
The Services are intended to increase awareness of wellbeing topics and encourage healthier lifestyle choices. They are not intended to replace professional medical advice, diagnosis, or treatment.
Not medical advice. Information provided through the Services does not constitute medical advice and should not be considered a substitute for consultation with a qualified healthcare professional.Existing health conditions. If you have a pre-existing medical condition, are pregnant, or have any other health-related concern, you should consult your doctor or another qualified healthcare professional before using the Services. Health problems. If you experience pain, discomfort, adverse symptoms, or other health problems while using the Services, stop using the relevant activity and seek appropriate medical advice. Allergies and food intolerances. If you have allergies, food intolerances, dietary restrictions, or other medical conditions that may be affected by food or nutrition recommendations, consult an appropriate healthcare professional before following relevant recommendations. Mental health. The Services do not constitute psychological or psychotherapeutic diagnosis or treatment and are not intended to replace professional mental health care. If you believe you require medical or psychological treatment, consult a qualified healthcare professional.Emergency situations. The Services are not intended for use in medical emergencies or situations requiring immediate professional intervention.Insurance. Unless expressly stated otherwise, VIWELL Services and services obtained through the use of the Services are not intended to be reimbursable through medical insurance. Minors and Family Plans. Where a minor accesses the Services through a Family Plan, the minor's parent or legal guardian is responsible for supervising the minor's use of the Services and for consulting a qualified healthcare professional regarding any health-related questions or concerns involving the minor
You remain responsible for determining whether the Services are appropriate for your individual circumstances and for seeking professional advice where necessary.
You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Services:
In violation of any applicable national or international law or regulation.To exploit, harm, or attempt to harm minors or expose them to inappropriate content. To transmit or distribute unsolicited advertising, promotional material, spam, or similar communications.To impersonate VIWELL, a VIWELL employee, another user, or any other person or entity.To engage in fraudulent, threatening, abusive, unlawful, or harmful activity.To infringe the rights of VIWELL or any third party.In any manner that could interfere with another person's use or enjoyment of the Services. In any manner that could damage, disable, overburden, or impair the Services or related infrastructure. To use robots, spiders, crawlers, scraping tools, or other automated means to access, monitor, copy, or collect content from the Services without our prior written authorization. To use manual processes to monitor, copy, or reproduce material from the Services for unauthorized purposes. To introduce viruses,malware, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material. To attempt to gain unauthorized access to the Services, servers, databases, systems, or networks connected to the Services. To interfere with or disrupt the operation or security of the Services. To conduct denial-of-service or distributed denial-of-service attacks. To manipulate, damage, or falsify VIWELL ratings, reviews, rankings, or other platform metrics. To otherwise interfere with the proper operation or integrity of the Services.
We reserve the right to take appropriate action where we reasonably believe that these Terms or applicable law have been violated.
VIWELL may use analytics tools and third-party service providers to monitor, measure, and analyze the use, performance, reliability, and security of the Services.
Analytics may be used to understand how users interact with the Services, identify technical issues, improve functionality, and enhance the overall user experience.
Where calendar-related features are used, analytics may be generated to support the functionality, performance, and reliability of those features. VIWELL does not permanently store third-party calendar data solely for analytics purposes unless otherwise stated in the applicable privacy notice.
Additional information about how personal data is collected and used is provided in our Privacy Statement.
Unless expressly stated otherwise for a particular VIWELL service or program, the Services are intended for individuals who are at least eighteen (18) years old.
By accessing or using the Services on your own, you represent that you are at least eighteen (18) years old and have the legal capacity and authority to enter into these Terms.
If you do not meet these requirements, you must not access or use the Services on your own.
Individuals under 18 may access and use the Services as a family member added to a Family Plan by a parent or legal guardian, as described in Section 5 (Family Plans). By adding a minor as a family member to a Family Plan, the primary account holder confirms that they are the minor's parent or legal guardian, or otherwise have the legal authority to consent to the minor's use of the Services, and agrees to these Terms on the minor's behalf for that purpose. Where applicable law requires a specific, verified or separately recorded consent mechanism, the relevant VIWELL consent process must also be completed.
VIWELL may ask for date of birth or other information to verify eligibility, and may restrict, suspend, or deny access to the Services where this information is not provided or indicates that applicable eligibility requirements are not met.
Where VIWELL offers other services specifically designed for minors, separate terms, consent requirements, safeguards, and privacy notices may apply.
The Services and all original content, features, functionality, software, designs, graphics, text, videos, images, trademarks, logos, and other materials provided by VIWELL or its licensors ("VIWELL Content") are owned by or licensed to VIWELL and are protected by applicable intellectual property laws.
Except as expressly permitted by these Terms or with our prior written permission, you may not:
Copy, reproduce, modify, or create derivative works from VIWELL Content.Distribute, publish, transmit, or publicly display VIWELL Content. Sell, license, or commercially exploit VIWELL Content. Download or reproduce VIWELL Content for unauthorized purposes. Remove copyright, trademark, or other proprietary notices.Use VIWELL trademarks, branding, or logos without our prior written authorization.
VIWELL provides the Services to you on a software-as-a-service ("SaaS") basis. Your access to the Services does not transfer ownership of the software, platform, content, or underlying intellectual property to you.
VIWELL respects the intellectual property rights of others and expects users of the Services to do the same.
If you believe that content available through the Services infringes your copyright or other intellectual property rights, please contact us at care@viwell.com with the subject line "Copyright Infringement."
Your notice should include sufficient information to allow us to identify the relevant content and understand the basis of your claim.
We may take appropriate action in response to valid infringement notices in accordance with applicable law.
You may provide VIWELL with feedback, suggestions, ideas, comments, error reports, complaints, or other information regarding the Services ("Feedback").
By submitting Feedback, you acknowledge that:
VIWELL is not required to maintain the Feedback as confidential unless otherwise agreed in writing. You do not acquire ownership of VIWELL intellectual property as a result of providingFeedback. VIWELL may independently develop products, services, or features that are similar to your Feedback. Your Feedback should not contain confidential or proprietary information belonging to you or any third party unless you are authorized to provide it.
To the extent permitted by applicable law, you grant VIWELL and its affiliates a worldwide, royalty-free, transferable, sublicensable, irrevocable, and perpetual right to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit your Feedback for any lawful purpose.
Nothing in this section limits any rights that cannot legally be waived or transferred under applicable law.
The Services may contain links to or integrations with third-party websites, applications, products, or services that are not owned or controlled by VIWELL.
VIWELL is not responsible for the content, availability, security, privacy practices, or terms of third-party services.
Your use of third-party services is subject to the applicable third party's terms and privacy policies. We encourage you to review those policies before using or enabling third-party services.
To the extent permitted by applicable law, VIWELL is not responsible for any loss or damage arising from your use of or reliance on third-party services, content, products, or information.
To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.
VIWELL does not warrant that:
The Services will always be available or uninterrupted. The Services will be error-free or secure. Information provided through the Services will always be complete, accurate, or current. Defects will always be corrected. The Services or their underlying infrastructure will be free from viruses or other harmful components. The Services will meet your particular requirements or expectations.
To the maximum extent permitted by applicable law, VIWELL disclaims all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot legally be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, VIWELL and its officers, directors, employees, contractors, agents, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of, or inability to use, the Services.
This includes, where legally permitted, loss of profits, revenue, business opportunities, data, goodwill, or other intangible losses.
To the maximum extent permitted by applicable law, where VIWELL is found liable for a claim arising from or relating to the Services, VIWELL's total liability will be limited to the amount you paid to VIWELL for the relevant Services giving rise to the claim during the applicable period preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
VIWELL may suspend or terminate your access to all or part of the Services where permitted by applicable law, including where:
You materially breach these Terms. You engage in unlawful, fraudulent, abusive, or harmful conduct. Your use of the Services creates a security or operational risk. Suspension or termination is required by law.We discontinue the relevant Service.
Where appropriate and reasonably practicable, we may provide notice before suspending or terminating access. However, immediate action may be taken where necessary to protect users, VIWELL, or the integrity and security of the Services.
You may stop using the Services at any time. Where account deletion or termination functionality is available, you may use that functionality or contact us at care@viwell.com.
Where you access the Services as a family member of a Family Plan, suspension or termination of the primary account holder's subscription may also result in suspension or termination of your access to the Services.
Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, disclaimers, limitations of liability, and dispute resolution.
These Terms shall be governed by and interpreted in accordance with the laws of the United Arab Emirates, without regard to conflict-of-law principles, except where mandatory applicable law provides otherwise.
Any dispute arising out of or relating to these Terms, including their formation, performance, interpretation, termination, or validity, shall be resolved in accordance with the dispute resolution mechanism agreed between the parties and applicable law.
Where arbitration applies, the arbitration shall be conducted in accordance with the applicable rules of the Dubai International Arbitration Centre (DIAC).
VIWELL may modify, update, suspend, or discontinue all or part of the Services from time to time.
We may also restrict access to certain features or parts of the Services where necessary for operational, security, legal, or business reasons.
Where reasonably practicable, we will provide appropriate notice of material changes that significantly affect your use of the Services.
VIWELL will not be liable for temporary or permanent unavailability of all or part of the Services to the extent permitted by applicable law.
We may update these Terms from time to time to reflect changes to our Services, business practices, legal requirements, or other relevant circumstances.
When we make material changes, we will take reasonable steps to notify you, where required by applicable law.
The updated Terms will become effective on the date specified in the updated Terms or, where no date is specified, when posted through the Services.
Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
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