Wellnest
Wellnest Technologies, Inc.

Terms of Service

Last Updated: May 19, 2026

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WELLNEST PLATFORM. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

ARBITRATION AND CLASS ACTION WAIVER: PLEASE REVIEW THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS OF SECTION 14. YOU AGREE THAT DISPUTES BETWEEN YOU AND WELLNEST WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (INCLUDING CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Wellnest Technologies, Inc., a Delaware corporation ("Wellnest," "Company," "we," "us," or "our"), with its principal place of business at 5105 DTC Parkway, Greenwood Village, CO 80111, governing your access to and use of the Wellnest platform, including our website, applications, and all related services (collectively, the "Platform" or "Services").

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE PLATFORM, INCLUDING BY DOWNLOADING, INSTALLING, OR USING ANY WELLNEST APPLICATIONS, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (II) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION) AND HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (III) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. IF YOU ARE USING THE PLATFORM ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE PLATFORM.

2. WELLNESS PLATFORM — NOT MEDICAL DEVICE OR MEDICAL ADVICE

CRITICAL DISCLAIMER: THE WELLNEST PLATFORM IS A GENERAL WELLNESS AND FITNESS APPLICATION. IT IS NOT A MEDICAL DEVICE, NOT SOFTWARE AS A MEDICAL DEVICE (SaMD), AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

The Platform aggregates data from consumer wearable devices (such as Apple Watch, Garmin, Oura, Fitbit, and similar devices) and presents it in a centralized dashboard for informational and general wellness purposes only. The Platform:

YOU ACKNOWLEDGE AND AGREE THAT: (i) any data displayed on the Platform is derived from consumer-grade wearable devices and may contain inaccuracies; (ii) the Platform should never be relied upon for medical decisions; (iii) you should always consult a qualified healthcare professional for any health concerns; (iv) in the event of a medical emergency, you should immediately call emergency services (911 in the United States, 192/SAMU in Brazil) and not rely on the Platform.

The sharing of Platform data with healthcare providers is for informational convenience only and does not create a doctor-patient relationship through the Platform, nor does it constitute the practice of medicine by Wellnest.

You are responsible for obtaining and maintaining the devices, software, and data or network connections required to access and use the Platform. Wellnest is not responsible for interruptions, delays, errors, or inaccuracies resulting from third-party devices, software, connectivity issues, or user-side configurations.

3. DESCRIPTION OF SERVICES

The features and functionalities of the Wellnest Platform may include:

We reserve the right to modify, suspend, restrict, or discontinue any aspect of the Platform, temporarily or permanently, at any time, with or without notice. Wellnest has no obligation to monitor user data, review submissions, identify abnormalities, notify third parties, or take any action based on information displayed on or transmitted through the Platform.

4. USER ACCOUNTS AND REGISTRATION

To access or use certain features of the Platform, you must create an account. In registering an account, you agree to:

We reserve the right, at any time, to modify, suspend, or terminate your account or the requirements for maintaining an account, including if we determine that the information you have provided is untrue, inaccurate, outdated, incomplete, or if we reasonably believe your account has been compromised.

We also reserve the right to remove, reclaim, or change a username at any time for any reason, including if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. DATA SHARING AND CONSENT

5.1 Wearable Device Data

By connecting a wearable device or health application to the Platform, you explicitly authorize Wellnest to access, collect, store, process, and display the data transmitted from such devices. You acknowledge that the accuracy of this data depends on the device manufacturer and that Wellnest is not responsible for data inaccuracies originating from third-party devices.

5.2 Sharing with Family Members and Caregivers

You may choose to share your wellness data with designated individuals through the Platform. By activating sharing features, you: (a) consent to the transmission of your wellness data to the designated recipients; (b) acknowledge that once shared, data may be viewed and retained by those individuals; (c) accept sole responsibility for selecting sharing recipients; and (d) may revoke sharing access at any time through your account settings. Revocation does not require recipients to delete or destroy data previously accessed.

5.3 Sharing with Healthcare Providers

You may choose to share your wellness data with healthcare providers. Such sharing is voluntary, initiated by you, and does not create a medical relationship through the Platform. These features are provided for your convenience and are intended to facilitate access to your information by healthcare providers at your direction.

Healthcare providers are solely responsible for complying with all applicable laws, regulations, and professional obligations governing their practice, including those relating to patient consent, confidentiality, data handling, and the use of health-related information. Wellnest does not act on behalf of healthcare providers. Nothing in these Terms is intended to create any healthcare provider relationship or otherwise cause Wellnest to be treated as a healthcare provider or as acting on behalf of any healthcare provider.

5.4 Wellnest's Use of Your Data

Wellnest reserves the right to use details generated by the use of the Platform for the purposes of improving the functionality of the Platform, correcting any faults, developing and modifying the Platform and fulfilling and exercising the obligations and rights in accordance with these Terms.

Wellnest also reserves the right to use anonymous data generated by the use of the Platform for the purposes of business development, analytics, and product improvement. For example, we may use data in the Platform to create anonymous statistics regarding the usage of the Platform.

5.5 User Notes and Provider Notes

The Platform may allow you to create, upload, and share notes or other content with authorized individuals, including healthcare providers ("User Notes"). In addition, healthcare providers or other authorized individuals may, at your direction, create or share notes or other content through the Platform (collectively with User Notes, "Notes").

All Notes are the sole responsibility of the party that created them. Wellnest does not create, review, verify, or endorse any Notes and is not responsible for their content. You acknowledge and agree that Wellnest has no obligation to screen Notes, although we reserve the right, in our sole discretion, to pre-screen, screen, refuse or remove any Notes at any time and for any reason, without notice.

The creator of any Notes, including you, healthcare providers, and other third parties, is solely responsible for the accuracy, completeness, and clinical appropriateness of such Notes. You are solely responsible for your interactions with any other parties with whom you interact via the Platform.

The Notes feature is a communication and recordkeeping tool only and does not constitute the provision of medical care, clinical services, or medical advice by Wellnest.

6. PRIVACY

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully. By using the Platform, you consent to the collection, use, processing, and disclosure of your information as described in the Privacy Policy.

7. SUBSCRIPTION AND PAYMENT TERMS

7.1 Subscription Plans

The Platform offers various subscription plans, including individual and family plans. Pricing, features, and terms for each plan are described on the Platform and may be updated from time to time. The applicable pricing, renewal terms, cancellation mechanics, and any required consumer disclosures will be presented to you clearly at the time of enrollment and prior to payment.

7.2 Billing

Subscriptions are billed on a recurring basis (monthly or annually, depending on your chosen plan). By subscribing, you authorize us (or our payment processor) to charge your designated payment method on a recurring basis. All fees are quoted and charged in U.S. dollars unless otherwise specified. If applicable, you are also responsible for any state or local sales taxes associated with the subscription purchased.

If any payment owed to Wellnest is not received when due, we reserve the right, in our discretion and without limiting any other rights or remedies available to us, to suspend or terminate your access to or use of the Platform immediately until all outstanding amounts are paid in full. Any suspension or termination of access pursuant to this Section 7.2 shall not relieve you of any payment obligations incurred prior to such suspension or termination.

7.3 Cancellation and Refunds

You may 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. Except as required by applicable law, as set forth in these Terms, or as expressly described at the time you make a purchase, all payments for the Platform are non-refundable, and no refunds or credits are provided for partial billing periods. Prepaid annual subscriptions are non-refundable after the first 14 days.

7.4 Prepaid Access

Notwithstanding Section 7.3 above, if you purchased early or prepaid access to the Platform, you acknowledge and agree that you have no right to cancel, receive a refund, or obtain a credit for any reason, including if the Platform launch is delayed or if features are modified, reduced, or removed prior to or after launch, except as expressly set forth below.

In the event we anticipate a delay of more than thirty (30) days beyond the estimated access date communicated to you at the time of purchase, we may notify you using the contact information associated with your purchase and offer you the option to: (i) accept the revised access date and retain your early or prepaid access; or (ii) cancel your purchase for a full refund. If we are unable to provide access to the Platform within one hundred eighty (180) days of the estimated access date communicated to you at the time of purchase, you will be entitled to a full refund unless you have affirmatively elected to continue waiting for access.

Any prepaid access period begins on the date the Platform is first made available to you, and not on the date of purchase.

7.5 Price Changes

We reserve the right to change our pricing with 30 days' prior notice. Continued use of the Platform after the effective date of a price change constitutes your acceptance of the new pricing.

8. INTELLECTUAL PROPERTY

All content, features, functionality, software, designs, text, graphics, logos, trademarks, and other materials on the Platform are owned by Wellnest or its licensors and are protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, and revocable right and license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms. You may not: (a) copy, modify, distribute, sell, or lease any part of the Platform; (b) reverse-engineer or attempt to extract the source code of the Platform; (c) use the Platform to develop a competing product or service; or (d) remove any copyright, trademark, or other proprietary notices.

9. PROHIBITED USES

You agree not to:

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) WELLNEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM;

(b) WELLNEST SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (i) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA OBTAINED FROM WEARABLE DEVICES OR DISPLAYED ON THE PLATFORM; (ii) ANY HEALTH DECISIONS MADE BASED ON INFORMATION DISPLAYED ON THE PLATFORM; (iii) ANY DELAY OR FAILURE IN TRANSMITTING ALERTS OR NOTIFICATIONS; (iv) ANY MODIFICATION, REDUCTION, SUSPENSION, OR DISCONTINUATION OF ANY FEATURE OR FUNCTIONALITY OF THE PLATFORM; or (v) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; or (vi) ANY THIRD-PARTY CONDUCT ON THE PLATFORM;

(c) IN NO EVENT SHALL WELLNEST'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (i) THE AMOUNTS YOU HAVE PAID TO WELLNEST IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00);

(d) THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WELLNEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WELLNEST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WELLNEST DOES NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE DATA DISPLAYED ON THE PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED; (E) THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS; OR (F) THE PLATFORM WILL REMAIN COMPATIBLE WITH ANY SPECIFIC THIRD-PARTY DEVICE, APPLICATION, API, OR INTEGRATION, OR THAT ANY SUCH COMPATIBILITY WILL CONTINUE WITHOUT INTERRUPTION.

WELLNEST SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE PLATFORM CONSTITUTES OR PROVIDES MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR THAT IT IS SUITABLE FOR USE AS A MEDICAL DEVICE OR FOR ANY CLINICAL PURPOSE.

WITHOUT LIMITING THE FOREGOING, WELLNEST MAKES NO WARRANTY REGARDING THE CONTINUED AVAILABILITY OF ANY PARTICULAR FEATURE, FUNCTIONALITY, OR CONFIGURATION OF THE PLATFORM.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Wellnest, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (a) your access to and use of the Platform; (b) your actual or alleged breach of these Terms; (c) your actual or alleged violation of any applicable law or regulation; (d) your sharing of data with third parties through the Platform; (e) any health decisions made in reliance on data displayed on the Platform; (f) any claim by a third party related to your use of the Platform; (g) your negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense of any such claim. This indemnification obligation shall survive the termination or expiration of these Terms.

13. APPLICABLE LAW AND JURISDICTION

All matters relating to the Platform and these Terms shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict-of-law principles. To the extent that any legal suit, action, or proceeding is permitted hereunder, you and Wellnest agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Denver, Colorado for the purpose of litigating any such dispute. To the extent permitted by applicable law, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts for purposes of these Terms only.

14. DISPUTE RESOLUTION AND ARBITRATION

14.1 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Wellnest agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform (each, a "Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in court for infringement or misappropriation of intellectual property rights.

14.2 Initial Dispute Resolution

Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us by email at legal@hellowellnest.com. When you contact us, you must provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims (see the subsection entitled "Exception" below), you and we agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and we agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.

14.3 Arbitration Rules

If we do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the subsection entitled Initial Dispute Resolution above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled "Exception" below). The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Denver, Colorado, or at another mutually agreed location, or via teleconference at the arbitrator's discretion.

14.4 Class Action Waiver

YOU AND WELLNEST AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. This means that you and we expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this subsection entitled "Class Action Waiver" is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

14.5 Jury Trial Waiver

YOU AND WELLNEST HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

14.6 Opt-Out

You may opt out of this arbitration provision by sending written notice to (a) Wellnest Technologies, Inc., 5105 DTC Parkway, Greenwood Village, CO 80111 or (b) legal@hellowellnest.com. Your written notice must have the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" and must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. The notice must be sent within thirty (30) days of (i) 19 April 2026 or (ii) your first date that you used the Platform, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with this section entitled "Dispute Resolution and Arbitration." If you opt out of these arbitration provisions, we also will not be bound by them.

14.7 Changes to This Section

We will provide thirty (30) days' notice of any material changes to this section entitled "Dispute Resolution and Arbitration" by posting a notice on the Platform or informing you via email and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Changes to this section entitled "Dispute Resolution and Arbitration" will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection entitled "Changes to This Section" is not enforceable or valid, then this subsection will be deemed to be severed from the Section entitled "Dispute Resolution and Arbitration." If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Platform.

14.8 Exception: litigation of intellectual property and small claims court claims.

Notwithstanding the parties' agreement to resolve all disputes through informal dispute resolution or binding arbitration as set forth in this Section 14:

15. THIRD-PARTY SERVICES AND DEVICES

The Platform integrates with third-party wearable devices, applications, and services. Wellnest is not responsible for the availability, accuracy, content, products, practices, or services of such third parties. Your use of third-party devices and services is governed by their respective terms and privacy policies. Wellnest makes no representations or warranties regarding any third-party devices, applications, or services, including their accuracy, reliability, or security.

16. TERMINATION

You may stop using the Platform at any time by deleting your account or registration to the Platform. We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Upon termination: (a) your right to use the Platform ceases immediately; (b) we may delete your account and associated data in accordance with our Privacy Policy and applicable law; (c) provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 2, 8, 10, 11, 12, 13, 14, 15 and 19.

17. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time in our sole discretion. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.

18. ASSUMPTION OF RISK

You expressly acknowledge and agree that your use of the Platform is at your sole risk. You assume full responsibility for all risks associated with using the Platform, including but not limited to: (a) risks associated with reliance on wellness data that may be inaccurate or incomplete; (b) risks associated with sharing your health and wellness data with third parties; (c) risks associated with decisions made based on Platform data without consulting a healthcare professional; (d) risks of unauthorized access to your data despite our security measures; and (e) risks associated with interruptions in service or delayed notifications.

19. FORCE MAJEURE

Wellnest shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, abnormal climatic events, fires, earthquakes, pandemic, epidemic, war, terrorism, riots, government actions, strikes, industrial action or orders made by competent authorities, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

20. MISCELLANEOUS

20.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Wellnest concerning the Platform and supersede all prior agreements and understandings. In the event of a conflict between these Terms and any other agreement entered into between you and Wellnest, these Terms shall control.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

20.3 Waiver

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

20.4 Assignment

You may not assign or transfer your rights under these Terms without Wellnest's prior written consent. Wellnest may transfer the Platform and its provision and assign these Terms and the rights and obligations contained herein without restriction.

20.5 Notices

Notices to Wellnest shall be sent to: Wellnest Technologies, Inc., 5105 DTC Parkway, Ste 150, Greenwood Village, CO 80111, or legal@hellowellnest.com. Wellnest may validly submit notifications to you in the Platform. You must report any changes regarding your contact details to Wellnest without undue delay.

20.6 Headings

Section headings are for convenience only and have no legal effect.

20.7 Electronic Messaging Communications

By using the Platform or providing your contact information to Wellnest, including your email address or mobile telephone number, you consent to receive electronic communications from Wellnest. You agree that all agreements, notices, disclosures, and other communications that Wellnest provides to you electronically satisfy any legal requirement that such communications be in writing.

Wellnest may send you transactional and service-related communications that are necessary to provide the Platform or related services, including account notifications and security alerts, service updates and operational messages, billing matters, Platform updates, legal or policy notices, and customer support communications. Such communications may be delivered via email, SMS (text message), push notifications through the Platform, WhatsApp, or other electronic messaging channels. You acknowledge that you may not opt out of receiving transactional or service-related communications to the extent necessary to access or use the Platform.

By providing your mobile telephone number, you specifically consent to receive communications from Wellnest via SMS, WhatsApp, or similar messaging channels. Message frequency will vary based on your interaction with the Platform and your account activity. Message and data rates may apply depending on your mobile carrier and service plan. Messaging communications may be sent using automated systems and may include AI-generated content.

You may opt out of SMS or WhatsApp communications at any time by replying STOP to any message. After sending STOP, you will receive confirmation and no further messages will be sent unless you re-subscribe. Opt-out requests will be processed within a reasonable time in accordance with applicable law. For assistance with electronic communications, you may contact us at support@hellowellnest.com.

Subject to your preferences and applicable law, Wellnest may also send you electronic marketing communications regarding the Platform, its features, or related offerings. Where required by law, such communications will be sent only with your consent. You may withdraw your consent to receive marketing communications at any time through your account settings or by following the unsubscribe or opt-out instructions included in the communication.

Your consent to receive marketing communications is not a condition of purchasing any goods or services.

21. CONTACT INFORMATION

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

Wellnest Technologies Inc.
5105 DTC Parkway, Suite 150
Greenwood Village, CO 80111
Email: legal@hellowellnest.com
Website: www.hellowellnest.com