PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND Wellbytes Inc. (“Wellbytes”, “us”, “our”, and “we”).

SECTION 9 – ARBITRATION CLAUSE:

Section 9 of these Terms contains an arbitration clause that mandates most disputes between us to be resolved through binding and final arbitration instead of in court. Please refer to Section 9 for detailed information regarding this arbitration clause and how to opt-out.

By accessing or using www.wellbytes.ca, or any other website with an authorized link to the Terms (the “Site”), installing or using our mobile application (“App”), registering an account, or accessing or using any content, information, services, features, or resources available or enabled via the Site or App (collectively, the “Services”), you are accepting these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree to be bound by these Terms, you may not access and/or use the Services.

Your use of the Services is also subject to any additional terms, conditions, and policies that we separately post on the Services (“Supplemental Terms”), which are incorporated by reference into this Agreement. In the event of any conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control concerning the subject matter of such agreement.

Wellbytes reserves the right to modify the Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms or any applicable Supplemental Terms on the applicable Services. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

You acknowledge and agree that Wellbytes is a health spending account platform. WE DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR ARE WE AN EMPLOYEE HEALTH OR WELFARE BENEFIT PLAN OR INSURANCE. In addition, we are not subject to the Canadian Pension Plan or any provincial or territorial insurance regulations. WE ARE ALSO NOT A BANK OR FINANCIAL INSTITUTION, ALTHOUGH WE MAY PARTNER WITH BANKS AND FINANCIAL INSTITUTIONS. INFORMATION OBTAINED FROM WELLBYTES LICENSORS AND FROM THE SITE, INCLUDING TEXT, TOOLS, AND SERVICES, IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT REPLACE PROFESSIONAL MEDICAL, FINANCIAL, OR TAX ADVICE.

USE OF THE SERVICES AND WELLBYTES PROPERTIES

1. License

1.1 General License: The Application, the Site, the Services, and the information and content available on the Site and in the App and the Services (referred to herein as “Wellbytes Properties”) are protected by copyright laws globally. Subject to these Terms, Wellbytes grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

1.2 Application License: Subject to your compliance with the Terms, Wellbytes grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Additionally, for any App accessed through or downloaded from the Apple App Store or Google Play store, specific usage terms may apply.

1.3 Restrictions: The rights granted to you are subject to certain restrictions: (a) you shall not commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, or reverse engineer any part of the Site; (c) you shall not access the Site to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, or transmitted in any form or by any means.

1.4 Modification: Wellbytes reserves the right to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Wellbytes will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

1.5 Support and Maintenance: You acknowledge and agree that Wellbytes will have no obligation to provide you with any support or maintenance in connection with the Site.

1.6 Ownership: You acknowledge that all intellectual property rights in the Site and its content are owned by Wellbytes or its suppliers. These Terms do not transfer any rights, title, or interest in or to such intellectual property rights to you.

1.7 Acceptable Use Policy: You agree to abide by our Acceptable Use Policy, which includes restrictions on uploading malicious software, sending unsolicited messages, interfering with server networks, attempting unauthorized access, and other prohibited activities.

1.8 Enforcement: We reserve the right to monitor, review, and take appropriate action against any violation of our Acceptable Use Policy or these Terms.

1.9 Feedback: Any feedback you provide to Wellbytes is at your own risk, and we have no obligations regarding confidentiality. By submitting feedback, you grant Wellbytes a license to use and exploit such feedback for business purposes.

2. Registration

2.1 Registering Your Account: To access certain features of Wellbytes Properties, you may need to become a Registered User by creating an Account on the Site.

2.2 Registration Data: You agree to provide accurate and complete information when registering an Account and to update it promptly. You are responsible for all activities that occur under your Account.

3. Third-Party Links, Applications & Ads; Other Users

3.1 Third-Party Content: Wellbytes Properties may contain links to third-party websites, applications, and advertisements. You acknowledge and agree that Wellbytes is not responsible for any Third-Party Content.

3.2 App Stores: The availability of the App and the Services may depend on third-party platforms like the Apple App Store or Google Play. You acknowledge that the Terms are between you and Wellbytes and not with any App Store.

3.3 Release: By using Wellbytes Properties, you release and discharge Wellbytes from any disputes, claims, or controversies arising directly or indirectly from your use of the Site.

4. Indemnification

You agree to indemnify and hold Wellbytes and its affiliates harmless from any losses, costs, liabilities, and expenses relating to your use of Wellbytes Properties, violation of these Terms, or violation of applicable laws or regulations.

5. Disclaimers

You understand and agree that your use of Wellbytes Properties is at your sole risk. Wellbytes Properties are provided on an “as-is” and “as available” basis, and Wellbytes Parties disclaim all warranties and representations of any kind.

6. Limitation on Liability

To the fullest extent permitted by law, Wellbytes Parties shall not be liable for any indirect, consequential, or punitive damages arising from or relating to these Terms or your use of Wellbytes Properties.

7. Term and Termination

These Terms will remain in effect while you use Wellbytes Properties. Wellbytes reserves the right to suspend or terminate your access to the Site at any time for any reason.

8. International Users

Wellbytes Properties are controlled and offered from the Canada, and we make no representations that they are appropriate or available for use in other locations.

9. Dispute Resolution

9.1 Arbitration Agreement: Please carefully review the following arbitration agreement (“Arbitration Agreement”). It outlines the process for resolving most disputes with WellBytes Inc. and sets limitations on seeking relief.

9.2 Applicability and Procedure: Any dispute between you and WellBytes Inc. concerning the Site or these Terms will be settled through binding arbitration, except for specific exceptions outlined herein. Arbitration will be conducted by JAMS, following their respective rules. If JAMS is unavailable, an alternative arbitration forum will be chosen. WellBytes Inc. will cover certain fees if you cannot afford them.

Arbitration can be conducted via telephone, written submissions, or in person at a mutually agreed location. The arbitrator’s decision can be entered into a court of competent jurisdiction.

9.3 Authority of Arbitrator: The arbitrator has exclusive authority to resolve disputes related to the interpretation, applicability, and enforcement of this Arbitration Agreement. The arbitrator’s decision is final and binding, and may include monetary damages or other remedies available under the law.

9.4 Waiver of Jury Trial: By agreeing to this Arbitration Agreement, you waive the right to a trial by jury, except for claims in small claims court. Arbitration awards may provide the same relief as a court judgment.

9.5 Waiver of Class Actions: All disputes covered by this Arbitration Agreement must be resolved on an individual basis, and class or collective actions are not permitted.

9.6 Opt-Out Option: You have the right to opt out of this Arbitration Agreement within 30 days of agreeing to these Terms. To opt out, please send written notice to WellBytes Inc.’s legal department. Opting out will not affect other parts of the Terms.

9.7 Severability: If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions will still apply.

9.8 Survival: This Arbitration Agreement will remain valid even after the termination of these Terms or your relationship with WellBytes Inc.

9.9 Modification: WellBytes Inc. agrees that any future material changes to this Arbitration Agreement will not apply to any individual claims of which you had already provided notice.

10. General

10.1 Export Compliance: You are required to comply with all applicable laws and regulations regarding the use, export, import, and transfer of WellBytes Inc. properties, including Canadian law and the laws of your jurisdiction. WellBytes Inc. products and technology are subject to Canadian export control laws, and you must obtain proper authorization before exporting or transferring them to any country.

10.2 Consumer Support: If you have any complaints, you can contact the appropriate consumer assistance department in accordance with Canadian consumer protection laws. This demonstrates our commitment to addressing consumer concerns and maintaining transparency in compliance with Canadian regulations.

10.3 Electronic Communication: By using our services, you agree to receive communications from WellBytes Inc. electronically, in compliance with Canadian electronic communication laws. This ensures efficient communication and compliance with legal requirements under Canadian legislation.

10.4 Assignment: You cannot assign, subcontract, or transfer your rights and obligations under the agreement without WellBytes Inc.’s written consent, as required by Canadian contract law. This protects both parties’ interests and ensures accountability under Canadian legal principles.

10.5 Venue: Any disputes arising from or related to them, including their interpretation, validity, and effect, are governed by the provincial laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. This applies regardless of any conflict of law principles.

10.6 Governing Law: The agreement is governed by the laws of Canada and the province or territory in which you reside, ensuring consistency and predictability in legal interpretation in accordance with Canadian legal principles.

10.7 App Store Terms: If you access our app through an app store, you acknowledge that the agreement is between you and WellBytes Inc., consistent with Canadian contract law principles.

10.8 Notice: You must provide WellBytes Inc. with your current email address for effective communication, in accordance with Canadian communication laws. This ensures that you receive important notifications and updates as required under Canadian regulations.

10.9 Waiver: A waiver or failure to enforce any provision of the agreement on one occasion does not waive that provision’s enforcement on any other occasion, consistent with Canadian legal principles.

10.10 Severability: If any provision of the agreement is found invalid or unenforceable under Canadian law, the remaining provisions remain in effect to the fullest extent permitted by Canadian law, ensuring the enforceability of the agreement to the maximum extent possible.

10.11 Entire Agreement: These terms constitute the final and exclusive agreement between you and WellBytes Inc., superseding all prior discussions on the subject matter in accordance with Canadian contract law. This provides clarity and avoids confusion regarding the terms of the agreement under Canadian legal principles.

For any inquiries, access requests, or additional information about our privacy policies, please contact:

contact@wellbytes.ca
Wellbytes Inc.
215 Fort York Blvd, Toronto, ON M5V 4A2
(406) 555-0120
contact@wellbytes.ca