Terms of Service

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING
OR USING THE WELLUNA PLATFORM. BY CREATING AN ACCOUNT, ACCESSING
THE PLATFORM, OR USING ANY SERVICES, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE
TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE
PLATFORM.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding
agreement between you ("User," "you," or "your") and Welluna,
Inc. ("Welluna," "Company," "we," "us," or "our"), a corporation
organized under the laws of the State of Virginia, governing
your access to and use of the Welluna web application, mobile
application, and all associated features, content, and services
(collectively, the "Platform").

Your access to or use of the Platform constitutes your acceptance
of these Terms and our Privacy Policy, which is incorporated
herein by reference. If you are using the Platform on behalf of
an organization, you represent and warrant that you have authority
to bind that organization to these Terms.

These Terms may be accepted electronically, including by clicking
an "I Agree" button, completing registration, or by continued use
of the Platform following notice of updated Terms. Electronic
acceptance is legally equivalent to a written signature.

2. Description of Services

Welluna is a digital caregiving coordination platform designed
to help families and authorized caregivers organize information,
coordinate responsibilities, and track care-related activities
for individuals in their care ("Care Recipients"). The Platform
provides the following general capabilities:

- Storage and organization of personal and health-related
  information voluntarily entered by Users;
- Care task assignment, scheduling, and coordination tools
  among authorized family members and caregivers;
- Secure sharing of information with individuals expressly
  authorized by the account holder;
- Automated insights, suggestions, or organizational
  recommendations generated by algorithmic or artificial
  intelligence systems ("AI Features"), where available;
- Subscription-based access tiers, including free and paid
  plans, with varying feature sets;
- Integration with third-party services, where applicable,
  subject to Section 15.

Welluna reserves the right to modify, suspend, or discontinue
any feature, service tier, or aspect of the Platform at any
time, with or without notice, subject to any commitments
expressly stated in a paid subscription agreement.

3. Eligibility

To access or use the Platform, you must:

- Be at least eighteen (18) years of age;
- Have the legal capacity to enter into a binding contract
  under applicable law;
- Not be prohibited from using the Platform under any
  applicable law, regulation, or court order;
- Not have had a prior account terminated by Welluna for cause.

The Platform is not directed to, and may not be used by, individuals under the age of eighteen (18). By accessing the Platform, you represent and warrant that you meet all eligibility requirements. Welluna reserves the right to request verification of eligibility at any time and to suspend or terminate accounts that do not meet these requirements.

If you are a legal guardian or authorized representative creating an account on behalf of another adult who lacks capacity to manage their own account, you represent that you have legal authority to do so and accept these Terms in that capacity.


4. Account Registration and Security

To access the Platform's core features, you must register for an account by providing accurate, current, and complete information as prompted during registration. You agree to maintain and promptly update your account information to keep it accurate, current, and complete.
You are solely responsible for:
•	Maintaining the confidentiality of your account credentials, including your password;
•	All activities that occur under your account, whether authorized by you or not;
•	Immediately notifying Welluna at [email protected] of any unauthorized access to or use of your account or credentials;
•	Ensuring that access to your account by authorized individuals complies with these Terms.

Welluna will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. You may not transfer, share, sell, or assign your account to any third party without Welluna's prior written consent.
Welluna reserves the right to disable or terminate any account that it reasonably believes has been compromised or used in violation of these Terms.


5. User Responsibilities and Acceptable Use

You agree to use the Platform only for its intended purpose — personal, non-commercial caregiving coordination — and in compliance with all applicable laws and regulations. You represent, warrant, and agree that you will not:
•	Upload, post, transmit, or otherwise make available any content that is unlawful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
•	Impersonate any person or entity or falsely represent your identity, qualifications, or affiliation with any person or organization;
•	Obtain or attempt to obtain unauthorized access to the Platform, its underlying systems, or any data belonging to other users;
•	Introduce any virus, worm, Trojan horse, or other malicious code or software that may damage or disrupt the Platform;
•	Use automated tools, scrapers, bots, or similar means to extract data from the Platform without express written authorization;
•	Use the Platform to transmit unsolicited commercial communications or spam;
•	Circumvent, disable, or interfere with security features of the Platform;
•	Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Platform;
•	Use the Platform for any purpose that is competitive with Welluna's business without prior written consent;
•	Sell, resell, sublicense, or otherwise commercially exploit any portion of the Platform.

Welluna reserves the right to investigate and take appropriate action against any User who, in Welluna's sole discretion, violates this section, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement authorities.


6. User Content and Data Rights

6.1 Ownership
As between you and Welluna, you retain all right, title, and interest in and to the information, data, text, and content that you upload, submit, or otherwise provide to the Platform ("User Content"). Welluna does not claim ownership over User Content.

6.2 License Grant to Welluna
By submitting User Content to the Platform, you grant Welluna a non-exclusive, worldwide, royalty-free, sublicensable (solely to service providers acting on Welluna's behalf) license to access, store, process, transmit, display, and use your User Content solely to the extent necessary to:
•	Operate, maintain, and provide the Platform and its features;
•	Improve and develop the Platform's functionality and user experience;
•	Comply with applicable legal obligations;
•	Enforce these Terms and protect the rights and safety of Welluna and its users.

This license does not permit Welluna to sell your User Content to third parties or use it for purposes unrelated to the operation and improvement of the Platform, except as expressly set forth in the Privacy Policy.

6.3 Representations Regarding User Content
You represent and warrant that: (a) you have all rights necessary to grant the license described above; (b) your User Content does not infringe any third-party intellectual property, privacy, or other rights; and (c) your User Content complies with these Terms and all applicable laws.


7. Health and Medical Disclaimer

THE PLATFORM IS NOT A MEDICAL DEVICE, HEALTHCARE SERVICE, OR CLINICAL TOOL. WELLUNA DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND NOTHING ON THE PLATFORM CONSTITUTES OR SHOULD BE CONSTRUED AS MEDICAL ADVICE, A CLINICAL RECOMMENDATION, OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT.

No content on the Platform — including AI-generated insights, care suggestions, medication reminders, health summaries, or any other features — creates a physician-patient, therapist-patient, or any other professional-client relationship between Welluna and any User or Care Recipient.

All health-related decisions for a Care Recipient must be made in consultation with licensed and qualified healthcare professionals. You acknowledge that Welluna's role is limited to facilitating the organization and communication of information provided by Users, and that Welluna exercises no clinical judgment regarding any Care Recipient's health needs or treatment.


IF YOU OR ANYONE IN YOUR CARE IS EXPERIENCING A MEDICAL
EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES
IMMEDIATELY.

8. Caregiving Responsibility Disclaimer

Users are solely and exclusively responsible for all caregiving decisions made for or about any Care Recipient. Welluna provides informational and organizational tools only. The Platform does not assume, and expressly disclaims, any responsibility for:
•	The quality, adequacy, or outcomes of care provided to any Care Recipient;
•	The accuracy of information entered by Users into the Platform;
•	Any action taken or omitted by any User or caregiver in reliance on information stored or displayed on the Platform;
•	Care coordination failures, communication gaps, or scheduling errors among Users;
•	Any harm, injury, adverse outcome, or death of any Care Recipient.

By using the Platform, you acknowledge that Welluna is a coordination and organization tool, not a caregiving service, and that no reliance should be placed on the Platform as a substitute for direct human judgment, oversight, or professional caregiving services.


9. Information About Third Parties

The Platform allows Users to upload, store, and share personal and health-related information about individuals other than themselves, including Care Recipients and other family members (collectively, "Third-Party Individuals"). By submitting information about any Third-Party Individual, you represent and warrant that:
•	You have obtained all legally required consents, authorizations, or approvals necessary to collect, store, and share that individual's personal and health-related information on the Platform;
•	You are legally authorized to act on behalf of the Third-Party Individual, whether as a parent, legal guardian, authorized representative, or in another legally recognized capacity;
•	Your collection and use of such information complies with all applicable federal and state privacy laws, including but not limited to applicable provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") where you are independently subject to those obligations.

Welluna shall not be liable for any claim arising from a User's failure to obtain appropriate consent or authorization prior to uploading information about Third-Party Individuals. You agree to indemnify and hold Welluna harmless from any claims, damages, or penalties arising from your unauthorized use of third-party personal information.


10. HIPAA and Health Data Disclaimer

Welluna is not a "covered entity" or "business associate" as those terms are defined under HIPAA and its implementing regulations (45 C.F.R. Parts 160 and 164). The Platform is a consumer-facing organizational tool used directly by individuals and families; it is not offered to or intended for use by healthcare providers, health plans, or healthcare clearinghouses in their capacity as covered entities.
As a result, information stored on the Platform is not protected by HIPAA's privacy or security rules as they apply to covered entities. Users who are themselves covered entities or business associates should evaluate independently whether their use of the Platform complies with their own HIPAA obligations.
Welluna implements reasonable administrative, technical, and physical safeguards to protect User Content, including health-related information. However, Welluna makes no representation that its security measures satisfy HIPAA's technical safeguard requirements or any other regulatory standard applicable to covered entities.
For a complete description of how Welluna collects, uses, and protects your personal information, including health-related information, please refer to the Welluna Privacy Policy, available at [https://getwelluna.com/privacy].

11. AI and Automated Insights Disclaimer

The Platform may offer features that use artificial intelligence, machine learning, or other automated systems to generate insights, suggestions, reminders, care summaries, or other content based on User Content ("AI Features"). By using AI Features, you acknowledge and agree that:
•	AI Features are provided for organizational and informational convenience only and do not constitute medical advice, clinical recommendations, or professional guidance of any kind;
•	AI-generated outputs may be incomplete, inaccurate, outdated, or contextually inappropriate for a specific Care Recipient's circumstances;
•	No AI-generated output should be relied upon as a substitute for the judgment of a qualified healthcare professional, social worker, or other licensed professional;
•	Welluna does not guarantee the accuracy, reliability, or fitness of any AI-generated content for any particular purpose;
•	AI Features are subject to modification, suspension, or removal at any time without notice.

Users bear full responsibility for independently evaluating and verifying any AI-generated information before acting on it.

12. Not for Emergency Use

THE PLATFORM IS NOT DESIGNED, INTENDED, OR SUITABLE FOR USE IN EMERGENCY SITUATIONS. THE PLATFORM DOES NOT PROVIDE EMERGENCY ALERT SERVICES, DOES NOT CONNECT USERS TO EMERGENCY SERVICES, AND SHOULD NOT BE USED AS A MEANS OF SUMMONING EMERGENCY ASSISTANCE.
In the event of a medical emergency, fire, criminal activity, or any other situation requiring immediate assistance, you must contact 911 or your local emergency services directly. Welluna expressly disclaims any liability for losses, injuries, or damages arising from reliance on the Platform in emergency circumstances.

13. Privacy Policy Reference

Welluna's collection, use, and disclosure of personal information are governed by the Welluna Privacy Policy, the current version of which is available at [https://getwelluna.com/privacy] and is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.

In the event of any conflict between these Terms and the Privacy Policy with respect to privacy-specific matters, the Privacy Policy shall control. For all other matters, these Terms shall control.


14. Payments, Subscriptions, and Billing

14.1 Subscription Plans
Welluna offers both free-tier access and paid subscription plans ("Paid Plans"). Features available under each tier are described on the Platform at the time of enrollment and are subject to change.
14.2 Fees and Billing
By enrolling in a Paid Plan, you authorize Welluna to charge the payment method you provide on a recurring basis (monthly or annually, as selected) at the then-current subscription rate. All fees are stated in U.S. dollars. Welluna reserves the right to modify subscription pricing upon no less than thirty (30) days' prior notice, which may be provided via email or in-Platform notification. Continued use of a Paid Plan following a price change constitutes acceptance of the new pricing.
14.3 Free Trials
Welluna may offer free trial periods for Paid Plans. At the conclusion of a free trial, your subscription will automatically convert to a paid subscription and your payment method will be charged unless you cancel before the trial period ends.
14.4 Cancellation
You may cancel your Paid Plan at any time through your account settings or by contacting [email protected]. Cancellation will take effect at the end of the then-current billing cycle. You will retain access to paid features through the end of the paid period.
14.5 Refunds
Except as required by applicable law, all subscription fees are non-refundable. Welluna does not provide prorated refunds for partial billing periods upon cancellation.
14.6 Taxes
You are responsible for all applicable taxes associated with your use of the Platform. Welluna will charge taxes where required by law.
14.7 Payment Processing
Payment processing services are provided by third-party processors, including Stripe, Inc. Your payment information is subject to the terms and privacy policies of those processors. Welluna does not store complete payment card information.


15. Third-Party Services and Integrations

The Platform may integrate with or provide access to third-party services, applications, or websites ("Third-Party Services"). Such integrations may include, without limitation, payment processors, calendar applications, health data platforms, or communication tools. Your use of Third-Party Services is governed solely by the terms and privacy policies of the applicable third party.

Welluna does not control, endorse, or assume any responsibility for Third-Party Services, including their availability, accuracy, content, or practices. Welluna shall not be liable for any loss or damage arising from your use of or reliance on any Third-Party Service. If the Platform contains links to third-party websites, such links are provided for convenience only and do not imply Welluna's endorsement of the linked content.

Welluna reserves the right to add, modify, or discontinue any third-party integration at any time without notice.


16. Intellectual Property Rights

The Platform and all of its components — including but not limited to software, source code, user interface designs, graphics, text, trademarks, service marks, trade names, and other proprietary materials — are owned by Welluna or its licensors and are protected by U.S. and international intellectual property laws, including copyright, patent, trademark, and trade secret laws.

These Terms do not convey any ownership rights to you. Welluna grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial caregiving coordination purposes in accordance with these Terms.

You may not: (a) copy, modify, distribute, sell, or sublicense any portion of the Platform; (b) reverse engineer, decompile, or disassemble the Platform's software; (c) remove or obscure any proprietary notices; or (d) use Welluna's trademarks or branding without prior written authorization.

If you provide Welluna with feedback, suggestions, or ideas regarding the Platform ("Feedback"), you hereby assign to Welluna all rights in such Feedback, and Welluna may use and incorporate Feedback into the Platform without obligation or compensation to you.


17. Termination and Suspension

17.1 Termination by User
You may terminate your account at any time by contacting [email protected] or using the account deletion feature in the Platform. Termination does not entitle you to any refund except as expressly provided in Section 14.5.

17.2 Termination or Suspension by Welluna
Welluna may, in its sole discretion, suspend or terminate your account or your access to all or any portion of the Platform, with or without notice, for any reason, including:
•	Violation of these Terms or any applicable law;
•	Fraudulent, abusive, or harmful conduct;
•	Nonpayment of applicable fees;
•	Inactivity for an extended period, as determined by Welluna;
•	Circumstances that Welluna reasonably believes may expose Welluna or others to legal liability.

17.3 Effect of Termination
Upon termination for any reason: (a) your right to access and use the Platform immediately ceases; (b) Welluna may delete your account and User Content in accordance with the Privacy Policy; and (c) provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 6, 7, 8, 16, 18, 19, 20, 21, and 22.


18. Disclaimers of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WELLUNA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:
•	IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
•	WARRANTIES THAT THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
•	WARRANTIES THAT THE CONTENT ON THE PLATFORM, INCLUDING AI-GENERATED OUTPUTS, WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE;
•	WARRANTIES THAT DEFECTS WILL BE CORRECTED;
•	WARRANTIES REGARDING THE SECURITY OF USER CONTENT TRANSMITTED THROUGH THE PLATFORM.

Some jurisdictions do not allow the exclusion of certain implied warranties; in such jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law. No oral or written information or advice given by Welluna or its representatives shall create any warranty not expressly stated in these Terms.


19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WELLUNA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
•	INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
•	LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
•	DAMAGES ARISING FROM INACCURATE OR INCOMPLETE USER CONTENT;
•	DAMAGES ARISING FROM CARE OUTCOMES OR CAREGIVING DECISIONS MADE IN RELIANCE ON THE PLATFORM;
•	DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT;
•	DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PLATFORM;
•	DAMAGES ARISING FROM ANY THIRD-PARTY SERVICES OR INTEGRATIONS;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WELLUNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WELLUNA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM — REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY — SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO WELLUNA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

The limitation of liability set forth above is a fundamental element of the basis of the bargain between Welluna and you. Some jurisdictions do not allow certain limitations of liability; in such jurisdictions, this section applies to the maximum extent permitted by applicable law.


20. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Welluna, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers (collectively, the "Welluna Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses — including reasonable attorneys' fees and costs — arising out of or relating to:
•	Your access to or use of the Platform;
•	Your User Content, including any claim that your User Content infringes the rights of any third party;
•	Your violation of these Terms or any applicable law or regulation;
•	Your breach of any representation or warranty made in these Terms;
•	Your unauthorized submission of information about Third-Party Individuals;
•	Any caregiving decisions, actions, or omissions taken by you or others in connection with the Platform;
•	Your negligence, willful misconduct, or fraud.

Welluna reserves the right, at your expense, to assume exclusive control and defense of any matter subject to indemnification. You agree to cooperate with Welluna in the defense of any such claim. Welluna will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.


21. Dispute Resolution

21.1 Informal Resolution
Before initiating any formal dispute proceeding, you agree to first contact Welluna at [email protected] with a written description of the dispute and the relief sought. The parties agree to make a good-faith effort to resolve the dispute informally for a period of no less than thirty (30) days following receipt of the written notice.

21.2 Mandatory Arbitration
If the parties are unable to resolve a dispute through informal means, all disputes, claims, or controversies arising out of or relating to these Terms or your use of the Platform — including questions of arbitrability — shall be resolved exclusively by binding individual arbitration administered by JAMS, Inc. ("JAMS") in accordance with the JAMS Streamlined Arbitration Rules and Procedures (for claims under $250,000) or the JAMS Comprehensive Arbitration Rules and Procedures (for claims of $250,000 or more), as applicable, and as amended by these Terms.
The arbitration shall be conducted by a single neutral arbitrator. Unless the parties agree otherwise, arbitration shall be conducted in Fairfax County, Virginia, or, at the election of either party, by video conference or telephone. The arbitrator's award shall be in writing and shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.
Nothing in this section prevents either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

21.3 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM COVERED BY THIS SECTION. UNLESS BOTH PARTIES AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

21.4 Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM. THIS WAIVER APPLIES REGARDLESS OF WHETHER THE DISPUTE IS RESOLVED BY ARBITRATION OR, WHERE PERMITTED, IN COURT.

21.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes that qualify under applicable small claims court rules. In addition, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.


22. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. To the extent that any dispute is not subject to mandatory arbitration under Section 21 or falls within the exceptions stated therein, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Fairfax County, Virginia. Each party waives any objection based on improper venue or inconvenient forum.

23. Changes to Terms

Welluna reserves the right to modify these Terms at any time. When changes are made, Welluna will update the "Last Updated" date at the top of this document and, where the changes are material, provide notice via email to the address associated with your account or via a prominent in-Platform notification.
Material changes will be identified and will take effect no sooner than thirty (30) days after notice is provided, unless required by applicable law to take effect sooner. Non-material changes (such as typographical corrections or reorganization of sections without substantive alteration) may take effect immediately.
Your continued access to or use of the Platform following the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease using the Platform and may terminate your account pursuant to Section 17.1.


24. Miscellaneous

24.1 Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

24.2 Entire Agreement
These Terms, together with the Privacy Policy and any additional agreements or terms incorporated herein by reference, constitute the entire agreement between you and Welluna with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, agreements, and understandings, whether oral or written.

24.3 No Waiver
Welluna's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any provision shall be effective unless made in writing and signed by an authorized representative of Welluna.

24.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder without Welluna's prior written consent. Welluna may freely assign or transfer these Terms, including in connection with a merger, acquisition, sale of assets, or change of control, upon notice to you. Any attempted assignment in violation of this section is void.

24.5 Force Majeure
Welluna shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, internet service disruptions, or government action.

24.6 Notices
Notices from Welluna to you will be provided via email to the address associated with your account or via in-Platform notification. Notices from you to Welluna must be submitted in writing to the contact information provided in Section 25.

24.7 Headings
Section headings are included for convenience only and shall not affect the interpretation of these Terms.

24.8 Electronic Communications
By using the Platform, you consent to receive communications from Welluna electronically, including via email and in-Platform notices. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.


25. Contact Information

Welluna, Inc.
Attn: Legal Department
Email: [email protected]
Support: [email protected]
Privacy Inquiries: [email protected]
Website: https://getwelluna.com

© 2026 Welluna, Inc. All rights reserved.