Draft for review — this document is a template and has not been reviewed by legal counsel. It must not be published as-is.
These terms of service (the "Terms") govern your access to and use of the BeWell'r application and this website (together, the "Services"), operated by [COMPANY LEGAL NAME] ("we", "us", "our"). Please read them carefully.
1. Acceptance of these Terms
By accessing or using the Services, you agree to be bound by these Terms and by our privacy policy. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.
2. Eligibility and accounts
You must be legally capable of entering into these Terms in your jurisdiction. Where the Services require an account, you agree to provide accurate information, keep your credentials confidential, and notify us promptly of any unauthorized use. You are responsible for activity that occurs under your account.
3. Licence to use the Services
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Services for your own non-commercial use. This licence does not include any right to copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Services, except where such restriction is prohibited by applicable law.
4. Acceptable use
You agree not to: use the Services for any unlawful purpose; interfere with or disrupt the Services or their infrastructure; attempt to gain unauthorized access to any systems or data; misrepresent your identity; upload content that is unlawful, infringing, or harmful; use automated means to access the Services except as expressly permitted; or use the Services to develop a competing product. We may suspend or terminate access for violations of this section.
5. Not medical advice
The Services are not a medical, clinical, or therapeutic service. BeWell'r supports a personal daily practice of planning and reflection. It does not provide medical advice, diagnosis, or treatment; it is not a substitute for the advice of a physician, therapist, or other qualified health professional; and it must not be used as one. Never disregard professional advice, or delay seeking it, because of anything within the Services. If you believe you may be experiencing a medical emergency, contact your local emergency services immediately.
6. Your content
You retain ownership of content you create within the Services, such as plans and reflections. You grant us a limited licence to host, store, and process that content solely to operate and provide the Services to you, consistent with our privacy policy. You are responsible for the content you provide and represent that you have the rights necessary to provide it.
7. Intellectual property
The Services — including software, design, text, graphics, logos, and the BeWell'r name and marks — are owned by [COMPANY LEGAL NAME] or its licensors and are protected by intellectual property laws. Except for the licence expressly granted in these Terms, no rights are transferred to you. You may not use our marks without prior written permission.
8. Termination
You may stop using the Services at any time and may request account deletion as described in our privacy policy. We may suspend or terminate your access where you materially breach these Terms, where required by law, or where we discontinue the Services, in which case we will provide reasonable notice where practicable. Sections that by their nature should survive termination — including intellectual property, disclaimers, and limitations of liability — survive.
9. Disclaimers
The Services are provided "as is" and "as available". To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.
10. Limitation of liability
To the maximum extent permitted by applicable law, [COMPANY LEGAL NAME] will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of or relating to your use of the Services. Our total aggregate liability for all claims relating to the Services will not exceed the greater of the amount you paid us for the Services in the twelve months before the claim arose or an amount specified by applicable law. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
11. Changes to the Services or these Terms
We may modify the Services or these Terms from time to time. Where changes to these Terms are material, we will provide reasonable notice before they take effect. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
12. Governing law and disputes
These Terms are governed by the laws of [JURISDICTION], without regard to conflict-of-law principles, and subject to any mandatory consumer protections of your place of residence. Disputes will be resolved in the courts of [JURISDICTION], unless applicable law provides otherwise.
13. Contact
Questions about these Terms can be directed to [COMPANY LEGAL NAME] at [CONTACT EMAIL].