Terms of Service

1. Agreement to Terms

Welcome to 365 Wellness Solutions ("we," "us," "our," or "the Service"). These Terms of Service ("Terms") constitute a legally binding agreement between you and 365 Wellness Solutions regarding your use of our website, applications, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

365 Wellness Solutions is a comprehensive wellness platform that provides:

• Personalized nutrition and wellness consultation services
• Wellness application submission and management
• Online consultation scheduling (one-time and recurring weekly consultations)
• Health and wellness questionnaires for users and family members
• Subscription-based wellness programs (monthly, quarterly, and annual plans)
• Payment processing and billing management
• Digital onboarding workflows including waiver signing
• User portal for accessing wellness resources and information

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, at our sole discretion.

3. User Accounts and Registration

3.1 Account Creation

To use certain features of our Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old to create an account and use our Service. By creating an account, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will use the Service in compliance with all applicable laws and regulations
• All information you provide is truthful and accurate

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or non-payment of fees. You may also terminate your account at any time by contacting us or using the account deletion feature in your account settings.

4. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks
• Interfering with or disrupting the Service or servers connected to the Service
• Transmitting any viruses, malware, or other malicious code
• Collecting or harvesting information about other users without their consent
• Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity
• Using the Service for any fraudulent or illegal purpose
• Reverse engineering, decompiling, or disassembling any part of the Service
• Removing, altering, or obscuring any proprietary notices or labels on the Service
• Using automated systems (bots, scrapers) to access the Service without our express written permission
• Submitting false, misleading, or inaccurate information in applications, questionnaires, or other forms

5. Wellness Applications and Services

5.1 Application Process

Our Service allows you to submit wellness applications for review. By submitting an application:

• You represent that all information provided is accurate and truthful
• You understand that application approval is at our sole discretion
• You acknowledge that approval does not guarantee any specific outcomes or results
• You agree to comply with any conditions or requirements set forth in the approval

5.2 Consultation Services

When booking consultations:

• You agree to attend scheduled consultations at the agreed-upon time
• You understand that cancellations and rescheduling are subject to our cancellation policy
• You acknowledge that consultation advice is not a substitute for medical diagnosis or treatment
• You agree to provide accurate health information to enable appropriate guidance

5.3 No Medical Advice

Our Service provides wellness, nutrition, and lifestyle guidance. Our services are not intended to diagnose, treat, cure, or prevent any medical condition or disease. The information provided through our Service is for educational and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

6. Payments and Billing

6.1 Payment Processing

All payments are processed securely through Authorize.Net, a third-party payment processor. By making a payment, you agree to:

• Provide valid payment information
• Authorize us to charge your payment method for all applicable fees
• Pay all fees in accordance with the pricing displayed at the time of purchase
• Understand that all fees are non-refundable except as required by law or as specified in our refund policy

6.2 Subscription Services

If you subscribe to our recurring subscription services:

• Subscriptions automatically renew at the end of each billing period unless cancelled
• You will be charged the subscription fee on the billing date specified in your account
• You can cancel your subscription at any time through your account settings or by contacting us
• Cancellation takes effect at the end of the current billing period
• You will continue to have access to subscription features until the end of the current billing period
• Refunds for subscription fees are subject to our refund policy

6.3 Pricing and Fees

We reserve the right to:

• Change our pricing at any time with reasonable notice
• Offer promotional pricing, discounts, or special offers at our discretion
• Apply discount codes subject to their terms and conditions
• Charge applicable taxes as required by law

6.4 Payment Failure

If payment fails or is declined, we may:

• Suspend or terminate your account and access to paid services
• Attempt to process the payment again
• Charge any fees associated with payment processing
• Require alternative payment methods

You remain responsible for all outstanding fees and charges.

7. Intellectual Property Rights

7.1 Our Content

All content on the Service, including but not limited to text, graphics, logos, images, software, and the compilation thereof, is the property of 365 Wellness Solutions or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Reproduce, distribute, or create derivative works from our content without express written permission
• Use our trademarks or service marks without our prior written consent
• Remove or alter any copyright, trademark, or other proprietary notices

7.2 User Content

By submitting content (including applications, questionnaire responses, messages, and other materials) through our Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to:

• Use, reproduce, modify, adapt, and publish such content for the purpose of providing our Service
• Share such content with our wellness professionals and service providers as necessary
• Store and maintain such content in our systems

You retain ownership of your content but grant us the rights necessary to provide our Service. You represent that you have the right to grant such licenses and that your content does not violate any third-party rights.

8. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

By using our Service, you consent to the collection and use of your information as described in our Privacy Policy, including the use of your information to provide personalized wellness services, process payments, and communicate with you about the Service.

9. Disclaimers and Limitation of Liability

9.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Service or servers are free of viruses or other harmful components
• The results obtained from the Service will meet your expectations

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 365 WELLNESS SOLUTIONS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage
• Any damages arising from your use or inability to use the Service
• Any damages resulting from unauthorized access to or alteration of your data

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or 100, whichever is greater.

9.3 Health and Wellness Disclaimer

Our wellness services, including nutrition guidance and consultations, are educational and informational in nature. They are not a substitute for professional medical advice, diagnosis, or treatment. We do not guarantee any specific health outcomes, weight loss, or wellness results. Individual results may vary. You should consult with a healthcare provider before making any significant changes to your diet, exercise routine, or health regimen.

10. Indemnification

You agree to indemnify, defend, and hold harmless 365 Wellness Solutions, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or information submitted through the Service
• Any negligent or wrongful conduct by you

11. Termination

11.1 Termination by You

You may terminate your account and stop using the Service at any time by:

• Using the account deletion feature in your account settings
• Contacting us at the email address provided below
• Cancelling your subscription (if applicable)

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Request by law enforcement or government agencies
• Extended periods of inactivity

11.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• You will lose access to your account and all data associated with it
• All outstanding fees remain due and payable
• Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which 365 Wellness Solutions operates, without regard to its conflict of law provisions.

12.2 Dispute Resolution Process

In the event of any dispute arising from or relating to these Terms or the Service:

• You agree to first contact us directly to attempt to resolve the dispute
• If informal resolution is unsuccessful, disputes may be resolved through binding arbitration in accordance with applicable arbitration rules
• You waive any right to participate in a class-action lawsuit or class-wide arbitration

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and 365 Wellness Solutions regarding the Service.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder without your consent.

13.5 Notices

We may provide notices to you via email, through the Service, or by posting on our website. You agree that such notices constitute valid notice.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: