TERMS & CONDITIONS

1. Use of Our Services

a. The "Services" include our website, any mobile applications, and other platforms we may use to connect individuals seeking at-home wellness services ("Clients") with qualified massage therapists, yoga instructors, and other wellness practitioners ("Practitioners"), as each may be updated, relocated, or otherwise modified from time to time. The Services facilitate the booking of in-person wellness sessions ("Sessions") at Clients' homes.

b. Subject to the terms and conditions of these Terms, Be Well at Home hereby grants you a limited, revocable, non-exclusive, non-transferable license to access and use our Services solely in the manner intended by Be Well at Home. Unless otherwise specified in writing, the Services are solely for your personal, non-commercial use. Be Well at Home reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Services (or any portion thereof); and (ii) modify or discontinue providing the Services (or any portion thereof).  

c. Be Well at Home's policy with respect to the collection and use of your personally identifiable information is set forth in our Privacy Policy [Link to your Privacy Policy]. By accepting these Terms, you acknowledge your agreement with Be Well at Home's Privacy Policy.  

2. Registration, Accounts, Passwords, and Security

a. Clients: In order to book a Session or access certain features of the Services as a Client, you may need to complete a registration process by providing Be Well at Home with current, complete, and accurate information as prompted by the applicable registration form.

b. Practitioners: In order to offer your services through Be Well at Home as a Practitioner, you will need to enter into a separate agreement with Be Well at Home and provide any information required by Be Well at Home to verify your identity, qualifications, and credentials.

c. Accuracy of Information: You acknowledge that if you provide any information to Be Well at Home that is untrue, inaccurate, not current, or incomplete, Be Well at Home may terminate these Terms and your continued access and use of the Services.

d. Eligibility: i. You represent and warrant that you are at least 18 years of age, have not been previously suspended or removed from the Services, and possess the legal right and ability to enter into these Terms. The Services are not intended for persons younger than 18 years of age or any users previously suspended or removed from the Services by Be Well at Home. Sessions for minors may only be booked by a parent or legal guardian who must be present during the entire duration of the appointment. ii. If you are using the Services on behalf of a third party, you represent and warrant that you are authorized to do so and agree to ensure their compliance with these Terms.  

e. Credentials: As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify Be Well at Home immediately of any unauthorized use of your account or any other breach of security. You are responsible for all use of the Services occurring under your username. Be Well at Home will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Be Well at Home or another party due to someone else using your account or password.  

3. Your Responsibilities

You may use the Services solely for lawful purposes and as intended through the provided functionality of the Services. You agree not to use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, user accounts, or computer systems or networks. Without limiting the foregoing, you expressly agree that you will not:  

a. Use, copy, install, transfer, or distribute the Services except as specifically permitted by these Terms. b. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or its content. c. Remove or alter any copyright, trademark, or other proprietary rights notices contained in or on the Services. d. Create user accounts by automated means or under false or fraudulent pretenses. e. Use any robot, spider, scraper, or other automated means to access or collect information from the Services. f. Probe, scan, or test the vulnerability of any system or network related to the Services. g. Reformat, mirror, or frame any portion of the web pages that are part of the Services. h. Express or imply that any statements you make are endorsed by us without our prior written consent. i. Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable content. j. Transmit any software or other materials that contain any virus, worm, Trojan horse, or other harmful or disruptive component. k. Harvest or collect information about other users without their prior written consent. l. Undertake any action that imposes an unreasonable or disproportionately large load on our infrastructure. m. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. n. Solicit personal information from individuals under the age of 18. o. Violate any applicable federal, state, or local laws or regulations. p. Use the Services for any illegal, inappropriate, and/or unauthorized conduct, including soliciting Practitioners for purposes outside the scope of the Services. q. Use or access the Services to build a competing service.  

We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.  

4. Medical-Related Disclaimers  

a. THE SERVICES ARE INTENDED TO FACILITATE WELLNESS SERVICES AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

b. THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A PROFESSIONAL-CLIENT RELATIONSHIP OF ANY KIND BE CREATED BY USING THE SERVICES.  

c. BE WELL AT HOME DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRACTITIONERS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY BE WELL AT HOME OR OTHER USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

d. THE SERVICES ARE CONTINUALLY UPDATED, AND BE WELL AT HOME MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY OR COMPLETENESS.

e. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICES OR BY ANY PRACTITIONER IS SOLELY AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED THEREWITH. THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

f. ALTHOUGH BE WELL AT HOME PROVIDES INFORMATION ABOUT VARIOUS PRACTITIONERS ON THE SERVICES, BE WELL AT HOME DOES NOT ENDORSE ANY OF THE PRACTITIONERS AND DOES NOT PROVIDE THE SERVICES RENDERED BY SUCH PRACTITIONERS. BE WELL AT HOME UNDERTAKES REASONABLE EFFORTS TO VERIFY PRACTITIONER CREDENTIALS BUT CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION OR THAT A PARTICULAR PRACTITIONER IS QUALIFIED TO PERFORM ANY GIVEN SERVICE.

g. IT IS SOLELY THE RESPONSIBILITY OF EACH CLIENT, AND NOT BE WELL AT HOME, TO DETERMINE WHETHER A GIVEN PRACTITIONER IS QUALIFIED AND CAPABLE OF RENDERING SERVICES. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS' PERSONAL PROPERTY AND PERSONAL SAFETY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH IN OR THROUGH THE SERVICES.  

h. YOU AGREE THAT WELLNESS SESSIONS MAY CARRY INHERENT RISKS, AND BY REQUESTING A SESSION, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING, AND AFTER YOUR APPOINTMENT. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICES OR RECEIVING THE WELLNESS SESSIONS MADE AVAILABLE TO YOU BY BE WELL AT HOME AND THE POSSIBLE RISKS INVOLVED IN USING SUCH SERVICES.  

5. Booking Sessions

As a condition of being permitted to make appointments for Sessions through the Services, Clients agree with the following terms for all appointments booked on the Service.

a. Sessions Booked Through the Service: Clients understand that Practitioners providing the Services are qualified and may hold certifications and licenses in their respective fields. Be Well at Home does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the Services. Clients agree that Sessions are for therapeutic and wellness purposes only and should not be used if the person receiving the Session has any contraindications that would make the Session unsafe. Clients should consult with their healthcare provider if uncertain whether a particular wellness service is appropriate for them.  

b. Prices: The fees listed on the Services are the standard fees for the listed service, which Be Well at Home may change at any time in its sole discretion by so posting on the Services. In addition, fees for services provided by a Practitioner may vary depending on factors such as length, day, time, or location of the appointment. The fee you are ultimately charged is the "Fee."

c. No Liability: To the fullest extent permitted by law, Be Well at Home will not have any liability whatsoever for any of the services provided by Practitioners. Practitioners bear sole liability for all of the services provided, including those services that are booked through the Services.  

d. Exclusive Booking Through Be Well at Home: To ensure proper management of our platform and Practitioner schedules, Clients agree that once a Client has made an appointment with a Practitioner through the Be Well at Home Services, all subsequent appointments with the same Practitioner should be made through the Be Well at Home platform, as long as the Practitioner remains active on our Services and the Client's account remains active and in good standing.

e. Responsibility for Payment: You will be charged the Fee following the completion of your Session by a Practitioner. You agree to pay to Be Well at Home all Fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided. You acknowledge that wellness services obtained through the Service may not be covered services under your health insurance plan.  

f. Cancellations: If you cancel a scheduled Session, you may be subject to a cancellation fee as outlined in our Cancellation Policy [Link to your Cancellation Policy].

g. Dispute Resolution: While Be Well at Home may offer to facilitate communication to resolve disputes between Clients and Practitioners, all disputes must ultimately be resolved directly between the Client and the Practitioner. Be Well at Home reserves the right to determine refunds or other resolutions in its sole discretion. If a Practitioner ends a Session early due to conduct deemed inappropriate or unsafe by the Practitioner, Be Well at Home reserves the right not to issue a refund.

6. Ownership

a. Proprietary Information: You acknowledge and agree that: (i) the Services, including all content, modifications, enhancements, updates, and intellectual property rights therein (collectively, "Proprietary Information"), are owned by Be Well at Home and its licensors; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Be Well at Home; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (iv) you have no rights in the Proprietary Information other than the rights and licenses specifically granted to you pursuant to these Terms.

b. Trademarks: You acknowledge that Be Well at Home has acquired and owns trademark rights in the name and any logos displayed on the Services. You agree not to challenge the validity of or Be Well at Home's ownership of these marks. Any use of these marks by you will inure exclusively to the benefit of Be Well at Home. All other marks displayed on the Services are the property of their respective owners.

7. Claims of Copyright Infringement

[Include a section outlining your DMCA policy, similar to Zeel's Section 14, if applicable. You'll need to designate an agent for receiving notices.]

8. Indemnification and Release

a. To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Be Well at Home, its affiliates, officers, employees, agents, partners, and licensors (each, a "Be Well at Home Party" and collectively, the "Be Well at Home Parties") from any loss or damage of any kind (including attorneys' fees and lost revenues) arising from: (i) your breach of these Terms; (ii) your use of the Services not specifically authorized herein; (iii) any claims arising from your interactions with Practitioners or other users; and (iv) your violation of any law or the rights of a third party.

b. To the fullest extent permitted by law, you further waive, release, and forever discharge the Be Well at Home Parties from any and all responsibility or liability for injuries or damages resulting from your Sessions or any other service obtained through the use of the Services, including injuries or damages caused by the negligent act or omission of Practitioners or in any way arising out of or connected with the Services.

c. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You will not settle any claim without our written consent.

9. Disclaimer of Warranty

a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BE WELL AT HOME MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.  

b. YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY PRACTITIONERS OR CLIENTS SHALL BE EXCLUSIVELY BETWEEN YOU AND THE PRACTITIONER OR CLIENT (AS APPLICABLE) AND NOT BE WELL AT HOME. BE WELL AT HOME DISCLAIMS ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY PRACTITIONER(S) OR OTHER USER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY PRACTITIONER(S) ARE SOLELY AT THEIR DISCRETION, AND BE WELL AT HOME HAS NO OBLIGATION TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE PRACTITIONER(S).

10. Limitation of Liability

a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BE WELL AT HOME PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BE WELL AT HOME HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  

b. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE BE WELL AT HOME PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BE WELL AT HOME, IF ANY, IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

11. Third-Party Disputes

BE WELL AT HOME IS NOT AFFILIATED WITH ANY PRACTITIONERS OR OTHER THIRD-PARTY SERVICES, AND ANY DISPUTE YOU HAVE WITH ANY PRACTITIONER OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. YOU IRREVOCABLY RELEASE BE WELL AT HOME (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  

12. Force Majeure

Be Well at Home will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events beyond our reasonable control, such as strikes, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, change in law or regulation, fire, flood, accident, or service outages resulting from equipment and/or software failure and/or telecommunications failures of third-party providers.

13. Consent to Electronic Communications

By using the Services or providing us with your email address or phone number, you consent to receive electronic communications from us, including transactional communications relating to the Services (e.g., booking confirmations, reminders) and information about our services and promotions. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You can manage your communication preferences as described in our Privacy Policy.  

14. Content Submitted to Be Well at Home

a. By providing content to Be Well at Home, including reviews, feedback, or other materials (collectively, "Materials"), you grant Be Well at Home a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable, and transferable right to use, reproduce, distribute, create derivative works of, display, and perform such Materials in any media now known or hereafter developed, for any purpose whatsoever, including in connection with the Services and our business. You represent and warrant that you have all rights necessary to grant the licenses in this section and that your Materials do not infringe the rights of any third party.

b. We are not responsible for any Materials posted or submitted by users. We have the right, but not the obligation, to monitor, edit, or remove any Materials at any time for any reason without notice.

15. Term and Termination

a. These Terms will remain in full force and effect as long as you continue to access or use the Services. Be Well at Home may, in its sole discretion, suspend or terminate your access to or use of the Services at any time, with or without notice, for any reason, including if you violate these Terms.

b. Upon termination, your right to access and use the Services will immediately cease. The following sections of these Terms will survive termination: 4 (Medical-Related Disclaimers), 6 (Ownership), 8 (Indemnification and Release), 9 (Disclaimer of Warranty), 10 (Limitation of Liability), 11 (Third-Party Disputes), 15(b) (Effect of Termination), and 16 (Governing Law; Choice of Forum), 17 (Feedback), 18 (Entire Agreement; Variation), 19 (Severability), 20 (Relationship of Parties), 21 (Waiver), and 22 (Assignment).

16. Governing Law; Choice of Forum

These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and you hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.  

17. Feedback

If you provide us with any feedback, suggestions, or ideas relating to the Services ("Feedback"), you agree that such Feedback is non-confidential and that Be Well at Home will have the unrestricted right to use, disclose, and exploit such Feedback for any purpose without any obligation to you.

18. Entire Agreement; Variation

These Terms constitute the entire agreement between you and Be Well at Home with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Be Well at Home. No modification of these Terms will be effective unless it is in writing and signed by an authorized representative of Be Well at Home.  

19. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.  

20. Relationship of Parties

Nothing in these Terms will be deemed to create an employer-employee relationship, partnership, joint venture, agency, or fiduciary relationship between you and Be Well at Home.

21. Waiver

No waiver of any provision of these Terms will be effective unless it is in writing and signed by an authorized representative of Be Well at Home. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

22. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms without the prior written consent of Be Well at Home. Be Well at Home may assign or transfer these Terms, in whole or in part, without restriction.  

23. Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as expressly provided herein.

Contact Us

If you have any questions about these Terms or the Services, please contact us at:

[Your Email Address] [Your Physical Address (Optional)]

END OF TERMS OF SERVICE