Términos de Servicio

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Effective Date: April 10, 2026

1. Acceptance of Terms

Welcome to Wellby. These Terms of Service ("Terms") constitute a legally binding agreement between you and Wellby, Inc., a Delaware corporation ("Wellby," "we," "us," or "our"). By accessing or using the Wellby website, application, or any of our services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. Please read these Terms carefully before using Wellby.

2. Description of Services

Wellby is a non-medical at-home personal care marketplace that employs caregivers and matches them with families seeking care. Our services include, but are not limited to:

• Personal care assistance
• Companionship
• Meal preparation
• Light housekeeping
• Mobility support
• Transportation

Wellby is not a licensed healthcare provider, medical facility, or home health agency. Wellby does not provide medical, nursing, or clinical services of any kind. No service provided through Wellby should be considered a substitute for professional medical advice, diagnosis, or treatment.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Be a resident of the United States; and
• Provide accurate, current, and complete information as required during the intake or registration process.

By using the Service, you represent and warrant that you meet all of the above eligibility requirements.

4. User Accounts

Wellby may not currently require account creation to use certain features of the Service. When accounts become available, you will be responsible for safeguarding your login credentials and for all activity that occurs under your account.

You agree to notify Wellby immediately of any unauthorized access to or use of your account. Wellby reserves the right to suspend or terminate accounts at its discretion, including for violations of these Terms.

5. Caregiver Relationship

All Wellby caregivers are W-2 employees of Wellby, Inc. They are not independent contractors. Wellby is responsible for all employment obligations.

Wellby caregivers are fully insured under our workers' compensation and general liability insurance policies. While Wellby employs, trains, and supervises its caregivers, the nature of in-home care means that Wellby cannot guarantee specific outcomes for any individual care recipient.

6. Care Requests and Intake

Submitting an intake form or care request initiates the process of evaluating your care needs but does not guarantee that Wellby will be able to match you with a caregiver or that services will be available in your area.

By submitting a care request, you consent to being contacted by Wellby via phone, email, or text message regarding your care needs.

7. Payments

Wellby is private-pay only. We do not accept insurance, Medicare, or Medicaid at this time. All payments are processed securely through Stripe, our third-party payment processor.

• All payments are made to Wellby directly. Caregivers do not handle payments.
• You agree to pay all fees associated with the services you receive.
• Wellby reserves the right to modify pricing with at least 30 days' advance notice.
• Unpaid balances may result in suspension of services until the balance is resolved.
• If you receive recurring care, you authorize Wellby to charge your payment method on file on a recurring basis for the services provided. You may cancel recurring payments at any time by contacting Wellby with at least 24 hours' notice before your next scheduled billing date.

8. Background Checks and Vetting

Wellby maintains a comprehensive screening process for all caregivers, which may include background checks, reference verification, skills assessments, drug screening, health screenings, and verification of required certifications and credentials. Wellby's screening process meets or exceeds applicable state regulatory requirements for non-medical home care providers.

While Wellby conducts thorough screening, no screening process can guarantee the future conduct of any individual.

9. Safety

In any emergency, call 911 immediately. Do not call Wellby for emergencies.

Wellby provides support for non-emergency concerns related to your care. Wellby reserves the right to immediately remove any caregiver from an assignment based on safety concerns, without prior notice.

You agree to promptly report any concerns about caregiver conduct to Wellby.

10. Assumption of Risk

You acknowledge that in-home care involves inherent risks, including but not limited to risks associated with physical assistance, transportation, and the presence of a caregiver in a private residence. While Wellby takes reasonable steps to ensure quality and safety, you understand and accept these risks.

This assumption of risk does not apply to claims arising from Wellby's own negligence, gross negligence, or willful misconduct.

11. Prohibited Conduct

You agree not to:

• Provide false, misleading, or incomplete information to Wellby;
• Use the Service for any unlawful purpose;
• Attempt to directly hire, solicit, or recruit any Wellby caregiver outside of the Wellby platform;
• Interfere with or disrupt Wellby's operations, systems, or technology;
• Harass, abuse, or threaten any Wellby caregiver or employee;
• Copy, scrape, or reverse-engineer any part of the Service; or
• Use the Service on behalf of a third party without proper authorization.

12. Intellectual Property

The Wellby name, logo, and all content on the Service, including text, graphics, images, and software, are the property of Wellby, Inc. and are protected by copyright, trademark, and other intellectual property laws.

You may not use Wellby's trademarks, service marks, or branding without prior written consent. Nothing in these Terms grants you any right, title, or interest in Wellby's intellectual property.

13. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by Wellby. Wellby does not control or endorse any third-party content and is not responsible for its accuracy, legality, or availability.

Your use of third-party services is at your own risk and is governed by those third parties' own terms and policies.

14. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis.

• Wellby does not provide medical advice, diagnosis, or treatment.
• Wellby does not guarantee that the Service will be uninterrupted, error-free, or free of harmful components.
• Wellby disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Wellby's total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the total amounts you paid to Wellby in the twelve (12) months immediately preceding the event giving rise to the claim.

Wellby shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, regardless of the theory of liability.

This limitation of liability does not apply to damages arising from Wellby's gross negligence or willful misconduct, or where such limitation is prohibited by applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Wellby, Inc. and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service;
• Your violation of these Terms; or
• Your violation of any rights of a third party.

17. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. This choice of law does not deprive you of any mandatory consumer protections afforded by the laws of your state of residence.

Informal Resolution

Before filing any formal legal proceeding, you agree to contact Wellby at legal@wellbyhealth.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration

If informal resolution is unsuccessful, any remaining disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted in your county of residence or remotely, at your election. Wellby will pay all AAA filing and arbitrator fees beyond the initial consumer filing fee. The arbitrator's decision will be final and binding.

Class Action Waiver

You and Wellby agree that any dispute resolution proceeding will be conducted only on an individual basis and not as part of a class, consolidated, or representative action.

Mass Arbitration

If twenty-five (25) or more similar claims are filed within a 90-day period, ten (10) claims will be selected as bellwether cases and resolved first. The remaining claims will be stayed until the bellwether cases are decided, at which point their outcomes will guide the resolution of the remaining claims.

Small Claims Exception

Either party may bring a claim in small claims court if it qualifies under that court's jurisdictional limits.

Opt-Out

You may opt out of this arbitration provision by sending written notice to legal@wellbyhealth.com within thirty (30) days of first using the Service.

Jury Trial Waiver

To the extent permitted by law, you and Wellby waive the right to a jury trial as a consequence of agreeing to the arbitration provision above.

18. Termination

You may stop using Wellby's services at any time by providing at least 24 hours' notice. Wellby may suspend or terminate your access to the Service for any reason with reasonable notice, except in cases involving safety concerns, where Wellby may act immediately without prior notice.

Upon termination, sections of these Terms that by their nature should survive will continue to apply, including but not limited to Limitation of Liability, Indemnification, Dispute Resolution, and Intellectual Property.

19. Modifications to Terms

Wellby may update these Terms from time to time. For material changes, Wellby will provide at least 30 days' notice via email or prominent notice on the website.

Your continued use of the Service after the notice period constitutes your acceptance of the revised Terms. If you do not agree with the changes, you should discontinue use of the Service before the updated Terms take effect.

20. General Provisions

• Severability. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wellby regarding your use of the Service and supersede all prior agreements and understandings.
• Waiver. Wellby's failure to enforce any provision of these Terms shall not be construed as a waiver of its right to enforce that provision in the future.
• Assignment. Wellby may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. You may not assign your rights or obligations under these Terms without Wellby's prior written consent.

21. Contact

If you have questions or concerns about these Terms, please contact us at legal@wellbyhealth.com.