Unless otherwise indicated, these Terms of Use ("Terms") apply to your use of and/or access to the mobile phone applications which we may own or operate currently or in the future (collectively, the "Mobile App"), the website getwelly.app (the "Website"), and all related services, features and content (collectively, the "Services"), which are owned or operated by Mobile Services LLC ("Mobile Services", "Company", "we," "us," or "our").

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy (the "Privacy Policy"), which are incorporated into these Terms by this reference.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS, INCLUDING WITHOUT LIMITATION THE FOLLOWING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE SERVICES.

IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.

By using the Services, you accept these Terms and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.

From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms ("Additional Terms"). Such Additional Terms shall become effective upon posting by us on the Website, the Mobile App, via the Service or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Mobile App or otherwise using any of the Services following the date in which such Additional Terms become effective.

THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

In connection with your use of certain features of the Services, you will be required to complete a registration form, thus to create or update an account (the "Account"). You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate.

As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your Account. You may not use the Account of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's user account information.

You grant the Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Mobile App.

We do not permit individuals under 18 years of age to become users of our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms.

We are committed to protecting the privacy of children. You should be aware that this Mobile App is not intended or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

Due to the physiological sensitivity that occurs with pregnancy and our inability to provide collaborative care with physicians/other medical professionals, individuals who are pregnant will be unable to use our Services.

Individuals who are currently or have a goal to be at a BMI below 18.5 will be unable to use our Services. According to the Center for Disease Control (CDC), current medical standards indicate a healthy BMI range to be between 18.5-24.9, with a BMI falling below 18.5 to be considered underweight. Weight loss for underweight individuals is not recommended and should be supervised by a medical professional.

Your use of the Mobile App and any information, predictions, or suggestions provided in the Mobile App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Mobile App and you agree and understand that the Mobile App is not intended to match or serve the same purpose as a medical or scientific device.

Any content you submit through the Mobile App is governed by the Company's Privacy Policy.

If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas.

In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately.

If you think you may have a medical emergency, call your doctor or 911 immediately.

You agree not to use the Mobile App for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Mobile App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

You agree that if you take any of the following actions, you will be materially breaching these Terms, and you agree that you shall not:

a. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Mobile App;

b. modify, reverse engineer, decompile or disassemble the Mobile App;

c. copy, adapt, alter, modify, translate, or create derivative works of the Mobile App without written authorization of the Company;

d. permit other individuals to use the Mobile App, including but not limited to shared use via a network connection, except under the terms and conditions of this Terms;

e. circumvent or disable any technological features or measures in the Mobile App for protection of intellectual property rights;

f. use the Mobile App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;

g. use or access the Mobile App to compile data in a manner that is used or usable by a competitive product or service;

h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

i. use your Account to engage in any illegal conduct;

j. upload to transmit any communications that infringe or violate the rights of any party;

k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Terms and the Company's Privacy Policy; or

l. upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website.

Any such forbidden use shall immediately terminate your license to use the Mobile App.

You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of the Company (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mobile App and the format, directories, queries, algorithms, structure and organization of the Website and/or Mobile App are the intellectual property and proprietary and confidential information of the Company and its affiliates, licensors and suppliers. Except as expressly stated in these Terms, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by the Company.

All content and other materials available through the Services, including without limitation the Welly logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by the Company or are the property of the Company's licensors and suppliers. Except as explicitly provided, neither your use of the Services nor these Terms grant you any right, title or interest in or to any such content or materials.

If you believe any materials accessible on or from the Mobile App infringe your copyright, you may request removal of those materials (or access thereto) from this Mobile App by contacting the Company and providing the following information:

a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., app page) of an authorized version of the work.

b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

c. Your name, address, telephone number and (if available) e-mail address.

d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

e. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

f. A signature or the electronic equivalent from the copyright holder or authorized representative.

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Mobile App for personal and non-commercial purposes in accordance with the Terms.

All rights, title, and interest in and to the Services not expressly granted in this Terms are reserved by the Company. If you wish to use the Company's software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company.

The Mobile App enables you to input personal notes, share your stories, and log certain information into the Moblie App ("User Content"). You retain all rights to such User Content that you post, share or log in the Mobile App.

By providing your User Content to the Mobile App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company's promotional purposes (for example, by displaying on our website, within the Mobile App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to company with the terms described in this Terms.

The Company reserves the right to review all User Content prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

The Mobile App offers subscriptions that grant you access to the Mobile App's features and content, including, but not limited to, personalized insights based on your behaviour and eating patterns, tools for tracking your meals, water intakes, body measurements and physical activity. Some of our subscriptions may include a free trial period, where you can experience the mobile application at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before we start charging your payment method, cancel the subscription not later than 24 hours before the free trial ends.

We offer monthly and annual subscription options. Payment will be charged to your credit/debit card through your iTunes Account after you choose one of our subscriptions and confirm your purchase. Paid subscription automatically renew, unless auto-renew is turned off, until cancelled in the Manage Subscriptions section of your App Store account settings. We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by the Company regarding future functionality or features.

All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Mobile App or certain features of it may not be available in your location or may vary across locations.

THE APP IS PROVIDED "AS IS", "AS AVAILABLE" AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.

The Mobile App may give you access to links to third-party websites, apps, or other products or services ("Third Party Services"). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.

We are not obligated to monitor access or use of the Mobile App, however, we reserve the right to do so for purposes of operating and maintaining the Services, ensuring your compliance with this Terms, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Mobile App or access to the Mobile App at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the Services is objectionable or in violation with this Terms.

The Company has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.

From time to time and without prior notice to you, we may change, expand and improve the Mobile App. We may also, at any time, cease to continue operating part or all of the Mobile App or selectively disable certain features of the Mobile App. Your use of the Mobile App does not entitle you to the continued provision or availability of the Mobile App. Any modification or elimination of the Mobile App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

Any dispute arising from this Terms shall be governed by the laws of the Republic of Armenia without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE RUSSIAN FEDERATION AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.

Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.

If for any reason a court of competent jurisdiction finds any provision of this Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Terms, and the remainder of this Terms shall continue in full force and effect. A printed version of this Terms shall be admissible in judicial or administrative proceedings.

No waiver of by the Company of any term or condition set forth in this Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Terms shall not constitute a waiver of such right or provision. If any provision of this Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Terms will continue in full force and effect.

Upon termination, all provisions of this Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

All claims between the parties related to this Terms will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.

We may refuse service, close Accounts, and change eligibility requirements at any time.

If you have any comments or questions on any part of the services or any part of these Terms of Use, please feel free to contact us at [email protected].