Terms of Service

Wellhana Terms of Service

Last Updated: October 25th, 2024

Welcome to Wellhana!

At Wellhana, we're dedicated to providing innovative digital solutions that help businesses thrive. We value our customers and want to ensure a positive experience for everyone who uses our products. These Terms of Service ("Terms") are designed to clearly outline the expectations and responsibilities for both Wellhana and our customers. By using our products, you agree to these Terms, so please take a moment to review them carefully.

1. Acceptance of Terms

By accessing or using Wellhana's digital products ("Products") or services ("Services"), you ("Customer") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Products or Services.

2. License Grant

Wellhana grants Customer a non-exclusive, non-transferable, revocable license to use the purchased Product for its internal business purposes. Customer may not:

• Resell, sublicense, rent, lease, or share the Product with any third party.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product.
• Remove or modify any copyright, trademark, or other proprietary notices contained in the Product.

3. Payment and Delivery

• Customer shall pay the price for the Product as indicated at the time of purchase.
• Delivery of the Product will be made electronically upon receipt of payment.
• Please refer to the refund policy to learn more about returns and refunds.

4. Ownership and Intellectual Property

• Wellhana retains all ownership and intellectual property rights in the Products and Services, including all copyrights, trademarks, trade secrets, and other proprietary rights.
• Customer acknowledges that it acquires no ownership rights in the Product by virtue of these Terms.

5. Warranty Disclaimer

• THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• Wellhana does not warrant that the Product will meet Customer's requirements or that the operation of the Product will be uninterrupted or error-free.

6. Limitation of Liability

• IN NO EVENT SHALL WELLHANA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF WELLHANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Wellhana's total liability to Customer for any claim arising out of or in connection with these Terms shall not exceed the amount paid by Customer for the Product.

7. Indemnification

Customer agrees to indemnify, defend, and hold harmless Wellhana, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Customer's use of the Product or its breach of these Terms.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Massachusetts, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

9. Entire Agreement

These Terms constitute the entire agreement between Wellhana and Customer with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.