Terms and Conditions

Last updated: June 29, 2026

These Terms and Conditions (the “Terms” or “Agreement”) govern your access to and use of the Welle platform located at app.wellehealth.com, the Welle mobile applications, and the services delivered through them (collectively, the “Service”), which are operated by Medis Labs, Inc., a Delaware corporation (“Welle,” “we,” “us,” or “our”). The technology platform underlying the Service is provided by Medis Labs, Inc., a Delaware corporation (“Medis Labs”). In this Agreement, “you” and “your” refer to the individual using the Service.

Scope of these Terms. These Terms apply only to the Service as defined above. They do not apply to any marketing website, blog, social media presence, or other web property operated by Welle separately from the platform at app.wellehealth.com. Any such separate marketing or web property is governed by the terms (if any) posted on that property, not by these Terms. References in these Terms to “websites” or similar terms refer only to the Service unless expressly stated otherwise.

Please read this Agreement carefully. By accessing or using the Service, you agree to be bound by this Agreement, our Privacy Policy, our Consumer Health Data Privacy Policy, and our Membership Agreement, each of which is incorporated into this Agreement by reference. If you do not agree to all of these terms, you may not access or use the Service.

IMPORTANT NOTICES

Not a medical provider. Welle is a consumer health and wellness service offered by Medis Labs, Inc. and delivered on technology provided by Medis Labs, Inc. Welle does not practice medicine, provide medical advice, or establish a provider-patient relationship with you. Clinical services accessed through the Service are provided by independent third-party medical groups.

Not for emergencies. The Service is not appropriate for medical emergencies. If you are experiencing a medical emergency, are considering harming yourself or others, or are otherwise in imminent danger, call 911 or go to the nearest emergency room.

Arbitration and class-action waiver. Section 19 contains a binding arbitration provision and a class-action waiver. By accepting this Agreement, you and Welle are agreeing to resolve disputes through individual arbitration rather than in court, except as expressly provided in Section 19. You may opt out of arbitration within 30 days of first accepting this Agreement, as described in Section 19.

Adults only. The Service is intended only for individuals who are eighteen (18) years of age or older and located in the United States. We do not knowingly collect information from or provide services to anyone under 18.

Definitions

In addition to terms defined elsewhere in these Terms — including “Service,” “Welle,” “we,” “us,” “our,” and “Medis Labs” (in the introduction above) and “Welle Products” (Section 6) — the following terms have the meanings set out below:

“Medical Groups” means OpenLoop Healthcare Partners, PC and its affiliated professional entities, which provide the clinical services accessed through the Service.

“Healthcare Providers” means the licensed clinicians within the Medical Groups who provide clinical services through the Service.

“Membership” means a recurring subscription to the Service that provides access to the features and benefits described in your selected membership plan, as further governed by the Membership Agreement.

1. About the Service

1.1 Who provides what.

Welle is a consumer-facing service, offered by Medis Labs, Inc. and delivered on technology provided by Medis Labs, Inc., that connects you to a coordinated set of third-party health and wellness services. The roles are:

Welle (operated by Medis Labs, Inc., on technology provided by Medis Labs, Inc.) provides the consumer-facing platform, including account management, scheduling, data visualization, marketplace access, content, and customer support.
The Medical Groups and their Healthcare Providers provide all clinical services accessed through the Service.
Laboratories — including Quest Diagnostics, Labcorp, and other independently operated third-party laboratories (collectively, the “Labs”) — perform laboratory testing.
Phlebotomy partners draw blood samples at-home or at partner facilities.
Pharmacies — independently operated third-party pharmacies (collectively, the “Pharmacies”) — fulfill any prescriptions written by Healthcare Providers.
Other vendors — including imaging providers, fitness testing partners, payment processors, and similar service providers — provide ancillary services described in the Service.

1.2 What the Service includes.

Through the Service, you may be able to:

Schedule and access laboratory testing through the Labs and phlebotomy partners.
Schedule virtual consultations with Healthcare Providers from the Medical Groups.
Receive personalized recommendations, action plans, supplement suggestions, lifestyle guidance, and (when clinically appropriate) prescriptions from Healthcare Providers.
Purchase health-related products through the Welle marketplace.
Connect wearable devices, upload personal health data, and view your health information in a unified dashboard.
Access an AI-powered assistant for general informational purposes (governed by Section 10 of the Privacy Policy).

1.3 Service availability and changes.

The Service is continually evolving. We reserve the right to add, modify, or remove features at any time, in our sole discretion, with or without notice. Some features may not be available in all states or to all users. The Service is intended for use only by individuals located in the United States.

2. No Medical Advice; Limited Clinical Services

2.1 Welle does not practice medicine.

Welle is a consumer brand and service offered by Medis Labs, Inc.; it is not a medical provider and does not itself provide the underlying technology. Welle does not provide medical advice, diagnosis, or treatment. Nothing on the Service constitutes medical advice from Welle, and your use of the Service does not create a provider-patient relationship with Welle.

2.2 Clinical services are provided by the Medical Groups.

All clinical services accessible through the Service are provided by the Medical Groups and their Healthcare Providers, who are independent third-party clinicians. Welle does not control, supervise, or interfere with the clinical judgment of any Healthcare Provider. Welle disclaims all liability for clinical services provided by any Medical Group or Healthcare Provider.

2.3 Not a substitute for primary care.

The Healthcare Providers do not function as your primary care provider. The clinical services accessed through the Service are limited in scope and intended to supplement, not replace, your relationship with your primary care physician and other treating clinicians. You should maintain a relationship with a primary care provider for routine care, in-person examinations, urgent care, after-hours needs, and emergencies.

2.4 No urgent or emergency care.

The Healthcare Providers do not handle urgent care or medical emergencies through the Service. If you believe you are experiencing a medical emergency, call 911 immediately or go to the nearest emergency room. Messages to Healthcare Providers are not monitored continuously, and response times may vary.

2.5 Talk to your physician.

Always seek the advice of your physician or other qualified healthcare provider before starting, altering, or discontinuing any course of treatment, diet, exercise program, supplement, or medication. Do not disregard professional medical advice or delay seeking it because of information received through the Service.

2.6 Care team and non-clinical support.

As part of the Service, Welle may make available a non-clinical care team to support your member experience, which may include customer support specialists, registered dietitian nutritionists, health coaches, wellness advisors, and member success representatives (collectively, the “Care Team”). The Care Team provides operational support and general educational guidance only. The Care Team does not provide medical advice, diagnosis, or treatment, and your interactions with the Care Team do not create a provider-patient relationship between you and Welle or any Care Team member.

2.7 Documentation and recording technology.

During clinical interactions through the Service, your Healthcare Providers use AI-enabled transcription and ambient documentation technology (collectively, “Documentation Technology”) to assist in creating clinical notes and summaries. Documentation Technology processes audio in real time to generate draft notes and summaries; the audio is not retained by Documentation Technology vendors after the draft is generated. Your Healthcare Provider reviews and approves all clinical documentation before it becomes part of your medical record.

Some clinical interactions may also be recorded (audio, video, or both) for quality assurance, training, clinical documentation, or care coordination purposes. Where this occurs, you will be notified at the beginning of the session. You may request that Documentation Technology and any session recording be disabled or paused, where feasible, by notifying your Healthcare Provider at the start of the session or by contacting the Medical Group directly.

The clinical use of Documentation Technology and any session recording is governed by the Clinical Consents you sign with the Medical Groups. This Section 2.7 provides advance disclosure of these practices at the platform level; the actual consent to capture and process audio or video occurs through the Clinical Consents.

2.8 Sharing your information outside the Service.

You may choose to share your lab results, clinical reports, biometric data, or other Personal Information from the Service with third parties — including your primary care provider, specialists, insurers, employers, family members, advisors, or other parties. Once you choose to share Personal Information with a third party, we have no control over how that third party uses, retains, redisclosures, or further processes your information. Personal Information shared with a healthcare provider may become part of your medical records held by that provider and may, depending on their practices and Applicable Law, become available to your health insurers, payors, other healthcare providers, employers (where applicable), or others. We are not responsible for the use or further disclosure of Personal Information by any third party to whom you choose to disclose it. We encourage you to consider these implications, and to consult appropriate advisors where relevant, before sharing your Welle data with parties outside the Service.

2.9 Clinical documents from the Medical Groups.

The clinical services available through the Service — including telehealth consultations, clinical evaluations, prescribing, and the management of clinical care — are provided by the Medical Groups (including OpenLoop Healthcare Partners, PC and its affiliated professional entities) and their licensed Healthcare Providers, not by Welle. The clinical relationship between you and the Medical Groups and Healthcare Providers is governed by separate documents issued by the Medical Groups, which may include (without limitation):

The Medical Groups' Notice of Privacy Practices under the Health Insurance Portability and Accountability Act (HIPAA), describing how the Medical Groups use and disclose your Protected Health Information for treatment, payment, healthcare operations, and other purposes.
Telehealth informed consent, describing the nature of telehealth services, the technologies used, the limitations of telehealth (including that telehealth is not appropriate for medical emergencies), the documentation and recording practices of clinical encounters (which may include AI-enabled documentation technologies as described in Section 2.7 above), and your right to refuse telehealth in favor of in-person care.
Treatment-specific informed consents for particular therapies or interventions, including (without limitation) testosterone replacement therapy, hormone replacement therapy, weight management therapies, compounded medications, and similar treatments. These documents describe the risks, benefits, alternatives, and other information specific to the treatment, and are reviewed and signed in connection with the relevant clinical evaluation.
Other clinical consents, authorizations, and notices required by Applicable Law or the Medical Groups' clinical policies.

These clinical documents are surfaced to you at appropriate moments during your interaction with the Service (for example, at account creation, before your first telehealth consultation, or before initiation of a specific treatment program). You are encouraged to review them carefully when presented. The clinical documents from the Medical Groups govern the clinical relationship and operate alongside this Agreement; in the event of a conflict between this Agreement and a clinical document issued by a Medical Group with respect to a specifically clinical matter, the clinical document controls as to that matter.

Welle does not have authority to grant or modify clinical consents on behalf of the Medical Groups, and your use of the Service does not constitute clinical consent. Clinical consent is given to the Medical Groups through the documents described above. If you have not received or reviewed the relevant clinical documents and you have questions, please contact support@wellehealth.com or your Healthcare Provider.

3. Eligibility

To access or use the Service, you must:

Be at least eighteen (18) years of age;
Be a resident of the United States and physically located in a state where the Service and the relevant clinical services are available;
Have the legal capacity to enter into a binding contract; and
Agree to comply with this Agreement and all applicable laws.

By accessing or using the Service, you represent and warrant that you meet these requirements. We may verify your eligibility at any time and may suspend or terminate your access if we believe you do not meet these requirements.

4. Account Registration and Security

4.1 Account creation.

To use most features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. We may suspend or terminate your account if we have reasonable grounds to believe the information you provided is inaccurate, incomplete, or fraudulent.

4.2 Account security.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@wellehealth.com of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

4.3 One account per person.

You may not create more than one account, share your account, or use another person's account. You are solely responsible for all use of your account.

5. Membership, Fees, and Payment

Your subscription, billing, automatic renewal, refund, cancellation, and related terms are governed by the Membership Agreement, which is incorporated by reference into this Agreement. By enrolling in a Welle membership or purchasing any product or service through the Service, you agree to the terms set forth in the Membership Agreement, including its automatic renewal and refund provisions.

Membership fees and any other amounts you owe to Welle are not covered by health insurance, Medicare, Medicaid, or any other federal, state, or private payor program. By using the Service, you acknowledge that you are paying for products and services on a cash basis outside of any such program, and that you are solely responsible for all charges.

6. Third-Party Services

6.1 Third-party providers.

The Service connects you to clinical services, lab testing, phlebotomy, pharmacy fulfillment, imaging, payment processing, and other services provided by independent third parties. These third parties are not employees, agents, or affiliates of Welle or Medis Labs. Welle does not control them and is not responsible for their actions, omissions, or services.

6.2 Third-party terms apply.

Services provided by third parties are subject to those third parties' own terms and privacy policies, including (without limitation):

Quest Diagnostics — terms and conditions and privacy policy of Quest Diagnostics.
Labcorp — terms and conditions and web privacy policy of Labcorp.
OpenLoop Healthcare Partners, PC and affiliates — terms of use, telehealth consent, and notice of privacy practices of OpenLoop.
Stripe — terms and privacy policy of Stripe (as the payment processor).
Phlebotomy partners, pharmacies, imaging providers, and other vendors — their respective terms.

By using the Service to access these third-party services, you agree to be bound by the applicable third-party terms. Welle is not a party to your relationship with these third parties and disclaims all liability for their services.

6.3 Marketplace and Welle Products.

The Service includes a marketplace through which you may purchase health and wellness products, including supplements and other products branded as Welle and products from third-party brands. The legal relationships between you, Welle, and the brand or manufacturer depend on the product.

Welle Products. Products branded as Welle (the “Welle Products”) are products sold under the Welle brand, including the Microdose supplement line and Adaptive Supplements. For Welle Products, Welle (operated by Medis Labs, Inc.) is the seller. Welle Products are manufactured by qualified third-party contract manufacturers selected by Welle; Welle does not own or operate manufacturing facilities. Each Welle Product that is a dietary supplement is intended to be produced in facilities that follow Current Good Manufacturing Practices (cGMP) for dietary supplements as established by the U.S. Food and Drug Administration.

Dietary supplement disclosures. Welle Products that are supplements are dietary supplements as defined by the Dietary Supplement Health and Education Act of 1994 (DSHEA). They are not drugs. Statements made about these supplements have not been evaluated by the FDA, and they are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary. You should consult a Healthcare Provider before starting any supplement, particularly if you are pregnant, nursing, taking medications, or have a medical condition.

Third-party brand products. Third-party brand products are products manufactured by independent third-party brands and made available through the Welle marketplace. Welle does not manufacture or warrant third-party brand products. Where Welle is the seller of record for a third-party brand product, refunds and returns are governed by the Membership Agreement; in all cases, the third-party brand is responsible for the quality, safety, efficacy, labeling, and content of its products, and the third-party brand's own product warranties (if any) apply. Statements made by third-party brands about their products have not been independently verified by Welle.

Adverse events. If you experience an adverse event or unexpected reaction after using any supplement or product purchased through the Service, stop using the product and contact support@wellehealth.com promptly. Serious adverse events should also be reported to the FDA at www.fda.gov/safety/medwatch. For medical emergencies, call 911 or go to the nearest emergency room.

Returns, refunds, and recalls. Procedures for returns, refunds, account credits, and product recalls are set forth in the Membership Agreement, which applies to all products purchased through the Service.

Disclaimer of warranties. Except as expressly stated, all products sold through the Service are provided without warranty of any kind, whether express or implied, to the fullest extent permitted by applicable law. The disclaimers and limitations set forth in Section 17 (Disclaimers) and Section 18 (Limitation of Liability) apply to all products sold through the Service, subject to non-disclaimable consumer rights under applicable state law.

7. Laboratory Testing

7.1 Lab testing logistics.

Detailed terms governing lab testing logistics — including phlebotomy, sample collection, the laboratories used, refunds for lab services, and rescheduling — are set forth in the Membership Agreement.

7.2 Receiving and acting on results.

You will receive lab results through the Service. Welle and the Medical Groups will make reasonable efforts to notify you of abnormal or critical values. You are responsible for reviewing your results and following up with your primary care provider or other treating clinicians as appropriate. Viewing laboratory results is irreversible and may cause distress or anxiety; you should consider this before using the Service.

7.3 User-uploaded data.

You may upload prior lab results, biometric data from wearable devices, and other personal health information to the Service. Healthcare Providers are not automatically notified of uploads and may or may not review uploaded data in their discretion. You should not assume that anything you upload is being reviewed by a clinician.

8. Prescriptions and Other Regulated Services

8.1 Prescriptions.

Prescriptions, when issued, are written solely in the professional judgment of a licensed Healthcare Provider after appropriate intake and review. No prescription is guaranteed. If a prescription is issued, you may fill it through one of the Pharmacies or at any pharmacy of your choice. Prescriptions filled through the Pharmacies do not use child-resistant packaging unless required by law. Some prescriptions are filled as compounded medications, which are not approved by the U.S. Food and Drug Administration (FDA) and are not reviewed by the FDA for safety, effectiveness, or quality; additional terms applicable to compounded medications and Treatment Plans are set out in the Membership Agreement.

8.2 Genetic testing.

If you access genetic testing through the Service, you understand that genetic information, once obtained, is irrevocable. Genetic testing may reveal information you did not anticipate, including information about ancestry, paternity, or disease risk. Genetic test results are not intended to diagnose disease or to be used to make medical decisions on their own. We encourage you to discuss genetic test results with a genetic counselor or qualified clinician.

8.3 Imaging and functional testing.

Imaging services (including DEXA, MRI, and CT-based scoring) and functional testing (including VO2 max testing) are provided by independent third-party providers. These services have their own risks, limitations, and terms. Welle disclaims liability for these services.

8.4 Test-specific consents.

Certain advanced tests available through the Service require additional, test-specific informed consent at the time of order. These tests include, without limitation, the Galleri® Multi-Cancer Early Detection Test (offered by GRAIL, Inc.) and certain genetic tests. You will be required to review and acknowledge the applicable test-specific consent — including, where applicable, the GRAIL Galleri Patient Information Sheet — before the test can be ordered. Each test-specific consent is an agreement between you and the testing laboratory and/or the ordering Medical Group, with Welle as a third-party beneficiary. Welle will provide you with a copy of any test-specific consent you sign and will retain a record of your acknowledgment as required by applicable law and our agreements with the testing laboratories.

9. Informed Consent for Clinical Care

Before receiving clinical services through the Service, you will be required to review and accept separate informed consent documents from the Medical Groups, including (as applicable) an Informed Consent for Clinical Services and a Telehealth Consent (collectively, the “Clinical Consents”). The Clinical Consents are agreements between you and the Medical Groups, not between you and Welle. Welle is a third-party beneficiary of the Clinical Consents and may enforce them. You agree to enter into the Clinical Consents prior to receiving clinical services.

The current Telehealth Consent of OpenLoop Healthcare Partners, PC is available at openloophealth.com/telehealth-consent. The Telehealth Consent describes (among other things) the nature and risks of telehealth, the use of artificial intelligence technologies during your visit (including transcription, ambient documentation, and AI-assisted clinical decision support), recordings, authorization to use and disclose your medical information, consent to electronic communications, and state-specific disclosures applicable to your state.

10. Privacy and Health Information

10.1 Privacy Policy and Consumer Health Data Privacy Policy.

Our collection, use, and disclosure of personal information are described in our Privacy Policy and Consumer Health Data Privacy Policy, each of which is incorporated by reference into this Agreement. The Consumer Health Data Privacy Policy supplements the Privacy Policy and applies to information that constitutes “consumer health data” under applicable state laws (including the Washington My Health My Data Act, Nevada SB 370, and the Connecticut Data Privacy Act, as amended).

10.2 HIPAA and protected health information.

Welle and Medis Labs are not “covered entities” under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). The Medical Groups are covered entities under HIPAA. Information used or disclosed for the provision of clinical services is governed by the Medical Groups' Notice of Privacy Practices, which is provided to you separately. To the extent Welle or Medis Labs is acting as a “business associate” of a Medical Group, Lab, or Pharmacy, we will handle protected health information in accordance with HIPAA.

11. Electronic Communications

11.1 Consent to electronic communications.

By using the Service, you consent to receive communications from Welle, the Medical Groups, the Healthcare Providers, and the other third parties involved in delivering the Service electronically — including by email, in-app message, push notification, and SMS text message. You agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

11.2 SMS messaging.

By providing your mobile number, you consent to receive transactional SMS messages from us and from the Medical Groups, including appointment reminders, lab result notifications, prescription notifications, account notifications, and messages from your Healthcare Providers. You may also receive marketing SMS messages, which you can opt out of at any time by replying STOP, or reply HELP for assistance. Message frequency varies, and standard message and data rates may apply. Carriers are not liable for delayed or undelivered messages. SMS messages are not fully encrypted and may not be secure on your end. By consenting to SMS, you accept this risk.

11.3 Email.

By providing your email address, you consent to receive emails from us and from the Medical Groups. Emails are not encrypted in transit by default. You should not include sensitive information in emails to us. You may opt out of marketing emails at any time using the unsubscribe link included in those emails.

12. Intellectual Property

12.1 Our IP.

The Service and all content, features, software, design, and functionality made available through the Service (the “Content”) are owned by Welle, Medis Labs, Inc., Medis Labs, our licensors, or our service providers, and are protected by U.S. and international intellectual property laws. Welle's trademarks, logos, and trade dress may not be used without our prior written permission.

12.2 Limited license to you.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. We reserve all rights not expressly granted to you.

12.3 Your content.

You retain ownership of any content you submit to the Service (other than your protected health information, which is governed by separate privacy and HIPAA frameworks). By submitting content, you grant Welle and Medis Labs a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), perpetual, irrevocable license to use, host, store, reproduce, modify, adapt, translate, create derivative works of, publicly perform, publicly display, distribute, and otherwise exploit that content for the purposes of (a) operating, providing, maintaining, and improving the Service; (b) developing new products, services, and features; (c) creating de-identified, aggregated, or anonymized data; and (d) marketing or promoting the Service, in each case in any form, medium, or technology now known or later developed. To the maximum extent permitted by applicable law, you waive any moral rights, including rights of attribution and integrity, with respect to your content. Welle may use de-identified or aggregated information for any lawful purpose, including research, analytics, and product improvement. You represent and warrant that you have all rights necessary to grant this license.

12.4 Feedback.

If you choose to send us feedback, comments, ideas, or suggestions about the Service (“Feedback”), you grant Welle a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate the Feedback for any purpose, without any obligation or compensation to you. We are under no obligation to treat Feedback as confidential.

13. Acceptable Use

13.1 Prohibited conduct.

You agree not to:

Use the Service for any unlawful, fraudulent, abusive, or harmful purpose;
Impersonate any person or entity or misrepresent your identity, age, or affiliation;
Upload or transmit any content that is unlawful, infringing, defamatory, harassing, threatening, obscene, or otherwise objectionable;
Upload viruses, malware, or any code intended to damage, disable, or impair the Service or any user's device;
Attempt to gain unauthorized access to the Service or any account, system, or network associated with the Service;
Use any robot, scraper, spider, or other automated means to access the Service except for publicly accessible search engine indexing;
Reverse engineer, decompile, or disassemble any portion of the Service except as expressly permitted by law;
Use the Service, or any Content or data obtained from it, to develop or train a competing or substantially similar product, service, or model;
Use the Service in any manner that violates any applicable law, regulation, or third-party right;
Resell, sublicense, or commercially exploit the Service or any Content without our prior written authorization; or
Interfere with or disrupt the Service or any servers or networks connected to the Service.

13.2 Right to monitor and enforce.

We reserve the right (but not the obligation) to monitor general use of the Service and to investigate, in our sole discretion, any actual or suspected violation of this Agreement. We may take any action we deem appropriate in response to a violation, including (without limitation) removing content, suspending or terminating your account, refusing future access, cooperating with law enforcement, and pursuing legal remedies. We are not liable for any action or inaction we take in response to suspected violations.

13.3 Export controls and sanctions.

You represent and warrant that you are not, and will not become: (a) located in, or a national or resident of, any country subject to comprehensive U.S. trade sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or any other country or region subject to U.S. trade sanctions; or (b) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List or the U.S. Commerce Department's Denied Persons List. You agree not to use the Service in violation of any U.S. export control or sanctions law and not to make the Service available to any person or entity prohibited by those laws.

14. AI Assistant

The Service may include an AI-powered informational assistant. Your use of the AI Assistant is governed by Section 10 of our Privacy Policy, which describes the AI features available, the third-party AI service providers that receive your data, the protections in place, and your rights to consent to and revoke AI features. The AI Assistant is for general informational purposes only, is not a medical professional, and does not provide medical advice, diagnosis, or treatment. AI-generated responses may be inaccurate, incomplete, or out of date.

15. Mobile Applications and App Store Terms

15.1 Mobile App license.

If you download a Welle mobile application (a “Mobile App”), we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Mobile App on a mobile device that you own or control, solely for your personal, non-commercial use of the Service in accordance with this Agreement and any usage rules imposed by the applicable App Provider (defined below).

15.2 Apple-sourced Mobile Apps.

If you download a Mobile App from the Apple App Store (“Apple-Sourced Software”), in addition to the other terms of this Agreement, the following apply:

This Agreement is between you and Medis Labs, Inc. only, and not with Apple Inc. (“Apple”). Medis Labs, Inc., not Apple, is solely responsible for the Apple-Sourced Software and its content.
Your use of the Apple-Sourced Software must comply with the Usage Rules set forth in the Apple Media Services Terms and Conditions then in effect.
Apple has no obligation to provide any maintenance or support services for the Apple-Sourced Software.
In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Apple-Sourced Software to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Medis Labs, Inc.'s responsibility, to the extent they cannot be disclaimed under applicable law.
Medis Labs, Inc., not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Sourced Software or your possession or use of the Apple-Sourced Software, including (a) product liability claims; (b) claims that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Sourced Software or your possession and use of it infringes that third party's intellectual property rights, Medis Labs, Inc., not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Apple-Sourced Software, contact Medis Labs, Inc. at compliance@wellehealth.com.
Medis Labs, Inc. and you acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement with respect to the Apple-Sourced Software, and that, upon your acceptance of this Agreement, Apple has the right (and is deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Sourced Software as a third-party beneficiary.

15.3 Google Play-sourced Mobile Apps.

If you download a Mobile App from the Google Play Store (“Google-Sourced Software”), in addition to the other terms of this Agreement, the following apply:

This Agreement is between you and Medis Labs, Inc. only, and not with Google LLC (“Google”).
Your use of the Google-Sourced Software must comply with Google's then-current Google Play Terms of Service.
Google is only a provider of the Google Play store from which you obtained the Google-Sourced Software. Medis Labs, Inc., not Google, is solely responsible for the Google-Sourced Software.
Google has no obligation or liability to you with respect to the Google-Sourced Software or this Agreement.
You acknowledge and agree that Google is a third-party beneficiary of this Agreement with respect to the Google-Sourced Software.

15.4 App store changes.

Apple, Google, and other app providers may change their terms or technical requirements at any time. We may modify the Mobile Apps as needed to comply with those changes. If you access the Mobile App on a device or through an app provider not listed above, additional terms imposed by that device manufacturer or app provider may apply.

16. Termination

16.1 Termination by you.

You may stop using the Service at any time. To cancel your membership, follow the procedures set forth in the Membership Agreement. Termination of this Agreement, deactivation of your account, or cessation of use of the Service does not, in and of itself, entitle you to a credit, rebate, or refund of any fees paid to Welle; refund eligibility is governed by the Membership Agreement and applicable law.

16.2 Termination by us.

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including (without limitation) for violation of this Agreement, conduct that we believe is harmful or unlawful, or if our agreement with a Medical Group, Lab, Pharmacy, or other key vendor is terminated. We may also terminate the Service in whole or in part at our discretion.

16.3 Effect of termination.

Upon termination, your right to access and use the Service ends. Provisions that by their nature should survive termination — including (without limitation) Sections 10 (Privacy), 12 (Intellectual Property), 17 (Disclaimers), 18 (Limitation of Liability), 19 (Dispute Resolution; Arbitration), 20 (Indemnification), and 22 (General) — will survive termination. We will continue to provide access to your medical records as required by applicable law.

17. Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Medis Labs, Inc., MEDIS LABS, OUR AFFILIATES, AND OUR LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, THE “Welle PARTIES”), AS WELL AS THE MEDICAL GROUPS, HEALTHCARE PROVIDERS, LABS, PHARMACIES, AND OTHER THIRD PARTIES PROVIDING SERVICES THROUGH THE SERVICE, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE — INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY HEALTH-RELATED CONTENT, AI-GENERATED CONTENT, OR THIRD-PARTY CONTENT.

ANY RELIANCE YOU PLACE ON THE SERVICE OR ANY CONTENT IS AT YOUR OWN RISK. CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE MAKING ANY HEALTH-RELATED DECISION.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE Welle PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH — ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Welle PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNTS YOU PAID TO Welle IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND Welle TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

19.1 Informal resolution.

Before initiating arbitration, you and Welle agree to first attempt to resolve any dispute informally. To start, send a written Notice of Dispute to compliance@wellehealth.com that includes your name, address, account email, a description of the dispute, and the relief you are seeking. We will send any Notice of Dispute to you at the email address associated with your account. If we are unable to resolve the dispute within thirty (30) days of receipt of the Notice of Dispute, either party may commence arbitration.

19.2 Binding arbitration.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or your relationship with Welle (collectively, “Disputes”) — including disputes about the applicability, enforceability, or validity of this arbitration provision — will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Commercial Arbitration Rules and, where applicable, the AAA Supplementary Procedures for Consumer-Related Disputes.

The arbitration will be conducted in the city in which Welle has its principal place of business, except that, if that location is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence (or remotely) at your election. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19.3 Class-action waiver.

YOU AND Welle 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, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

19.4 Exceptions.

Either party may bring an individual action in small-claims court instead of arbitration, so long as the action remains in small-claims court and proceeds only on an individual basis. Either party may also seek temporary or preliminary injunctive relief in court for claims involving intellectual property, unauthorized access, or violations of the Computer Fraud and Abuse Act.

19.5 30-day right to opt out.

You have the right to opt out of this arbitration provision and class-action waiver. To opt out, send a written notice to compliance@wellehealth.com (Subject: “Arbitration Opt-Out”) within thirty (30) days of first accepting this Agreement. The notice must include your name, address, and account email. Opting out will not affect any other provision of this Agreement.

19.6 Arbitration fees.

Arbitration fees and costs will be governed by the AAA's fee schedules. If you can demonstrate that arbitration costs would be prohibitive compared to litigation costs, we will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will otherwise bear its own attorneys' fees and expenses, except as otherwise required by law.

19.7 Batch arbitration.

To increase the efficiency of administration and resolution of arbitrations in the event of coordinated mass filings, the Parties agree as follows:

(a) Mass Filing definition. If one hundred (100) or more demands for arbitration that assert the same or substantially similar facts or claims, and seek the same or substantially similar relief, are submitted to AAA against Welle or its affiliates, and those demands are presented by or with the assistance or coordination of the same law firm(s), organization(s), litigation funder(s), or similar coordinator(s), the collective demands constitute a “Mass Filing” for purposes of this Section 19.7.

(b) Batched administration. In the event of a Mass Filing, the Parties agree that AAA will administer the Mass Filing in batches of one hundred (100) demands per batch (with any remaining demands constituting a final batch of fewer than 100). Only one (1) batch will be filed, processed, and adjudicated at a time. One arbitrator will be designated for each batch, in accordance with the AAA's selection procedures. No demand for arbitration that is part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of one hundred (100) demands has been filed, processed, and finally adjudicated or otherwise resolved.

(c) Filing fees. Filing fees associated with a demand for arbitration that is included in a Mass Filing — including fees owed by Welle and the claimants — will only be due after the relevant demand for arbitration has been included in a set of batch proceedings that is properly designated for filing, processing, and adjudication. The Parties agree to accept the AAA's determination of applicable fees, including any related fee reductions made by AAA in its discretion in connection with the administration of a Mass Filing.

(d) Sequential resolution. The staged process of batched proceedings, with each set including one hundred (100) demands, will continue until each demand in the Mass Filing has been adjudicated or otherwise resolved. Arbitrator selection for each batch will be conducted in accordance with AAA's rules and procedures, and the arbitrator will determine the location where the proceedings will be conducted (in accordance with Section 19.2 above as applied to that batch).

(e) Mediation following the first batch. After the first batch of demands has been adjudicated, the results will be provided to a single AAA mediator (selected from a panel of mediators proposed by AAA, with each Party having the right to strike one mediator and to rank the remainder). The selected mediator will work with Welle and counsel for the remaining claimants to facilitate resolution of the remaining demands in the Mass Filing. The Parties will have ninety (90) days following the appointment of the mediator (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the Parties are unable to reach agreement within the Mediation Period, either Welle or any remaining claimant may, by written notice given within sixty (60) days following the close of the Mediation Period, opt out of arbitration for the remaining demand(s) and proceed in a court of competent jurisdiction. An opt-out under this Section 19.7(e) does not constitute an opt-out of Section 19.3 (Class-Action Waiver), which continues to apply.

(f) Cooperation. The Parties agree to cooperate in good faith with each other, with AAA, and with any appointed arbitrator or mediator to implement the batched approach contemplated by this Section 19.7. Any disagreement about whether this Section 19.7 applies to a particular set of demands, or about the process or procedure for batching, will be resolved by a procedural arbitrator appointed by AAA.

(g) Severability and effect. This Section 19.7 is integral to the arbitration provisions of this Section 19 as applied to a Mass Filing. If this Section 19.7 is found by an arbitrator or court of competent jurisdiction to be invalid, unenforceable, or illegal as applied to a Mass Filing, then the entirety of this Section 19 (Arbitration) will be null and void as to that Mass Filing, and neither Welle nor the claimants in that Mass Filing will be entitled to arbitrate claims that are part of the Mass Filing. This Section 19.7 does not authorize class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims of any kind, except as expressly set forth above.

20. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Welle Parties, the Medical Groups, the Healthcare Providers, the Labs, the Pharmacies, and our and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; (d) your violation of any third-party right; or (e) any content you submit through the Service. We reserve the right to assume the exclusive defense and control of any matter for which you are obligated to indemnify us, in which case you agree to cooperate fully with us.

21. Copyright Complaints (DMCA)

If you believe content available through the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act of 1998 (“DMCA”) to our designated agent at compliance@wellehealth.com. Your notice must include the information required under 17 U.S.C. § 512(c)(3). We will respond to properly submitted DMCA notices in accordance with the DMCA.

22. General

22.1 Governing law.

This Agreement, and any dispute arising out of or relating to this Agreement or the Service, will be governed by the Federal Arbitration Act and the laws of the State of California, without regard to its conflict-of-laws principles. To the extent any claim is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in the city in which Welle has its principal place of business.

22.2 Changes to this Agreement.

We may update this Agreement from time to time. If we make material changes, we will notify you by posting the updated Agreement on the Service and updating the “Last Updated” date, and where required by law we will provide additional notice (such as by email). Your continued use of the Service after the effective date of the updated Agreement constitutes your acceptance of the updates. If you do not agree to the updated Agreement, you must stop using the Service.

22.3 Entire agreement.

This Agreement, together with the Privacy Policy, Consumer Health Data Privacy Policy, and Membership Agreement, constitutes the entire agreement between you and Welle regarding the Service and supersedes all prior agreements and understandings on this subject. The Clinical Consents are agreements between you and the Medical Groups.

22.4 Severability.

If any provision of this Agreement is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

22.5 No waiver.

Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later.

22.6 Assignment.

You may not assign or transfer this Agreement or any of your rights or obligations under it without our prior written consent. We may assign this Agreement, in whole or in part, at any time without notice to you, including in connection with a merger, acquisition, reorganization, or sale of all or a portion of our assets.

22.7 No agency.

Nothing in this Agreement creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and Welle, the Medical Groups, the Healthcare Providers, the Labs, the Pharmacies, or any other third party.

22.8 Third-party beneficiaries.

The Medical Groups, Healthcare Providers, Labs, Pharmacies, Medis Labs, and other third parties providing services through the Service are intended third-party beneficiaries of this Agreement and may enforce its provisions.

22.9 Notices.

We may provide notices to you under this Agreement by email, in-app message, posted notice on the Service, or U.S. mail to the address on file. You agree that notices we provide electronically satisfy any legal requirement that they be in writing.

22.10 Headings.

Section headings are for convenience only and do not affect the interpretation of this Agreement.

23. Contact Us

If you have questions about this Agreement, please contact us:

Medis Labs, Inc.

Attn: Legal

214 Main St, Ste 553, El Segundo, CA 90245

Email: compliance@wellehealth.com