Terms of Service
Website Terms of Service
Last Revised: May 04, 2023
These Terms of Service (the “Terms”) are entered into between you (“you,” or “User”) and Wellkasa Inc. (“Company,” “the Company,” “we,” “us,” and “our”). These Terms govern your access to, and use of Company services offered on the websites located at https://wellkasa.app/, https://wellkasa.com/, https://migrainemight.com, and https://migrainemight.org (collectively, our “Website”).
These Terms include an arbitration clause. Please read the Terms carefully before you start to use the Website.
By accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, please do not use the Website.
The Website is provided for informational purposes and the purposes of enabling communication between you and the Company. The Website also provides information about Natural Medicines, in which Wellkasa has partnered with Therapeutic Research Center (“TRC”) to provide such information. The editorial principles and process followed by TRC can be found on:
https://naturalmedicines.therapeuticresearch.com/about-us/editorial-principles-and-process.aspx. The information provided on the Website is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
Not for Medical Advice. Wellkasa and TRC are not healthcare providers, payers or clearinghouses. Wellkasa is a platform built to promote holistic patient wellness and quality of life through an integrative care ecosystem that connects standard of care with effective complementary therapies. Unless otherwise established in an agreement between Wellkasa and a regulated Covered Entity (i.e., a doctor, pharmacy, or insurer), as defined by the Health Insurance Portability and Accountability Act (“HIPAA”), Wellkasa does not collect “Protected Health Information” as defined under HIPAA.
The content provided on the Website, including, but not limited to, TRC content (such as articles, research and other documents related to complementary and alternative medicine, licensed by TRC to Wellkasa (collectively, “TRC Content”)), are not provided for medical, clinical or other advice. Wellkasa is not a substitute for professional medical diagnosis or treatment. SUCH WEBSITE CONTENT, INCLUDING TRC CONTENT, IS BEING PROVIDED “AS IS” AND “WITH ALL FAULTS” AND USERS SHOULD CONSULT WITH QUALIFIED PHYSICIANS FOR ANSWERS TO GENERAL AND SPECIFIC MEDICAL AND CLINICAL QUESTIONS.
Wellkasa Medicine Cabinet and Interaction Checker. You may have the option to provide information about your health (including medical conditions, medicines, and other treatment) on the Website. The Medicine Cabinet and Interaction Checker can automatically provide you information on how natural medicines and your current medicines or treatment may interact. The information provided in your Medicine Cabinet or the Interaction Checker is not provided as medical, clinical or other advice. Your reliance on such information is strictly at your own risk. Never use Wellkasa, or contact Wellkasa, if you have a medical emergency. If you ever have a medical emergency, you should contact your primary physician or local authorities for assistance.
The Company grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.
If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account.
4.You agree that you will not:
- Resell products (supplements or digital products) purchased on this site;
Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website;
Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
The Website, Content and TRC Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website, Content or TRC Content in any manner, except as expressly permitted by the Company in these Terms. The Website, Content or TRC Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to rent, sell, lease, sublicense, distribute, transfer, exploit, copy, reproduce, display, publish, modify, edit, revise, alter, translate, syndicate, consolidate, store, base on, anthologize, allow access to, time-share or otherwise exploit all or any portion(s) of the Website, Content or TRC Content without the express written consent of Company and TRC or the applicable owner.
. You should assume that everything you see or read on the Company’s Website is copyrighted unless otherwise noted and may not be used without the written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on the Company’s Website will not infringe the rights of third parties. Content, images, photographs, or illustrations displayed on the Company’s Website is either property of, or used with permission by, the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Company’s Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
. Nothing contained on the Company’s Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Company’s Website without the written permission of the Company or such third party that may own a trademark displayed on the Company’s Website. Your misuse of the Company’s trademark(s) displayed on the Company’s Website, or any other Content on the Company’s Website, except as provided herein, is strictly prohibited.
. Any Content you create or own or to which you have a license and use on the Website is Your Content. In sharing Your Content on the Website, you warrant and represent you have the legal right to use Your Content and grant the Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Website. The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Website Content, TRC Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Website should be directed to firstname.lastname@example.org.
The Website, Content or TRC Content may not be accessed, displayed or used for Promotional Labeling (as it is defined in 21 CFR 202.1) or for any purposes other than non-commercial use. Additionally, you shall not
remove any proprietary notices, labels or marks embedded in or displayed with the Content or TRC Content;
ii.combine, merge or mix the TRC Content with Content or any third party’s data or content;
publish, display or otherwise allow access to (through frames, links, or otherwise) the Content or TRC Content in connection with any sale, distribution, transfer or other transaction involving any item or substance referred to in the Content or TRC Content arising out of or in conjunction with the display thereof;
use the Content or TRC Content in any way that is offensive, abusive, libelous, harassing, threatening, discriminatory, vulgar, pornographic, unethical, unlawful, or otherwise inappropriate, as determined by Company or TRC in their sole discretion;
except as expressly authorized by Company or TRC, use any robot, spider, retrieval application, or other automated functionality to retrieve or index any portion of the Content or TRC Content; or
vi.use the Content or TRC Content to compile or prepare content, or an independent resource or database, on complementary and alternative medicines or to develop any product that directly or indirectly competes with TRC Content.
You may have the option to purchase a subscription service through the Website. If you choose to purchase a subscription, the following terms shall apply:
Registration & Authorized Users. In order to establish an active subscription, you must have completed a successful payment transaction in Wellkasa, followed by completion of account creation at the target subscription service site. If the subscription service is delivered by Wellkasa, you shall create an account on one of Wellkasa's websites. If you have purchased a subscription product at Wellkasa which is delivered by another vendor, you will be given digital instructions to complete account creation and onboarding at the vendor site. All your subscriptions delivered by Wellkasa, will be automatically validated each time you sign in to the Website. It is a condition of use of the Website and subscription that all information provided by you will be correct, current, and complete and will not violate any law. If the Company believes the details that you provided are not correct, current, or complete, or that you have otherwise violated these Terms, or any law, the Company has the right at its sole discretion to suspend, terminate, or refuse your access to the Website, Wellkasa Account, and/or our services.
You are responsible for all activity occurring under your Wellkasa Account, including the devices that are used to access the Website. You are solely responsible for maintaining the confidentiality of the username and password to your Wellkasa Account. In addition, to prevent unauthorized access to your Wellkasa Account of the Website, you must maintain control over the devices used to access the Website or services and not reveal associated usernames and passwords or Payment Methods (as defined below) to anyone. The Company shall not be liable for any loss or damage arising from the use or misuse of your Wellkasa Account. You will be responsible for all activity on the Website resulting from use of your usernames and passwords. You acknowledge and agree that you are: (a) responsible for any breach of these Terms by you or any other individual using your Wellkasa Account; and (b) jointly and severally liable with each such user for any breach of these Terms.
Fees and Payments. By using the Website and services, and selecting any services that we offer for a fee on a subscription basis, you accept the cost of the services that you have elected to pay, and you authorize the Company and/or its trusted third-party partners to process your payment from the credit or debit card or other payment source that you have identified through your Wellkasa Account (“Payment Method”). If you purchase any services that we offer for a fee, you agree to pay the Company, directly or via its designated third-party payment processor, all applicable fees as they become due plus all applicable related taxes. You may cancel your subscription from time to time as provided on the Website and in these Terms. We may refuse to renew any subscription.
Unless otherwise agreed to in writing, if you select a service subject to a recurring monthly subscription fee for use of the Website and services (the “Subscription Fee”), notwithstanding any then-applicable payment arrangement, you agree to pay the Subscription Fee and any volume-based or consumption-based charges applicable to the services that you selected. Such Subscription Fees may vary depending upon the subscription plan selected by you, such as monthly or annual plans. Your billing will be provided by the Company or its trusted third-party partners. The Subscription Fee may be billed immediately upon subscribing to our services and on an ongoing regular monthly basis unless you cancel the subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your subscription. Current Subscription Fees associated with the Website and services can be found on the Website. The Company may change the Subscription Fee and adjust pricing for the services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you thirty days in advance of any change in Subscription Fees by posting such changes to the Subscription Fee on the Website. You accept the new fees by continuing to use the Website and services after the fee change takes effect. If you do not agree with the applicable price change, you have the right to reject the change by terminating your Wellkasa Account through the Website in accordance with these Terms.
You may update your Payment Method with the Company at any time by accessing your Wellkasa Account. If at any time the Company is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid Wellkasa Account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, the Company reserves the right to suspend your access to the Website and services until such time as the payment method has been updated and the Subscription Fee is duly paid.
We reserve the right to retry or permit its third-party partners to retry billing your Payment Method after failed attempts (e.g., if Payment Method is rejected). We also reserve the right to pursue or permit our trusted third-party partners to pursue any amounts you fail to pay in connection with your subscription. If the Company is unable to collect your payment using one of the foregoing methods, the Company reserves the right to freeze or cancel your Wellkasa Account in its sole discretion. You will remain liable for all such amounts and all costs incurred in connection with the collection of any unpaid amount, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and litigation and/or arbitration costs.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ANY FEES AND FOR PROVIDING THE COMPANY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR WEBSITE FROM TIME TO TIME.
Cancellation. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. If you cancel your subscription, the cancellation will become effective immediately. If you purchased a monthly subscription, any cancellation must occur 48 hours prior to the next billing date to avoid any further charges. If you purchased an annual subscription plan, and you cancel your subscription within the 12 month period, you will be refunded on a pro-rated basis for the remaining months left on your subscription. Any refund is at the Company’s sole discretion.
The Company provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.
ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, TRC OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, TRC CONTENT, TRC PROPRIETARY RIGHTS OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE WEBSITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, AND WHETHER OR NOT COMPANY OR TRC HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES, FEES OR COSTS. BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
The Company reserves the right, in its sole discretion, to deny, restrict, suspend or terminate your use of all or any part of the Website at any time, for any reason or no reason at all, including, but not limited to, if you have violated these Terms or if you may pose a threat to the Website and/or its users, with or without notice or explanation, and without liability. After access is terminated, these Terms will terminate, but any terms that by their nature survive the termination of these Terms shall continue to apply. The Company shall not be liable for any losses or damages arising from any such termination of service.
At its sole discretion, the Company may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law. By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
These Terms are governed by the laws of the State of Arizona. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Phoenix, Arizona, in all disputes arising out of or relating to the use of the Website.
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Questions can be directed to the Company at:
21725 N 20th Ave, Suite 101-102, #1015, Phoenix, Arizona 85027
Email Address: email@example.com
Telephone number: +1 480-779-8266