Request Demo Request Demo

Terms of Use

Privacy Policy

GDPR

Data Processing Amendment

Cookie Policy

List of Sub-Processors

Member Privacy Notice

Membership Agreement

GINA PHI Notice

Wellness Program Membership Agreement

Last modified: April 28, 2026
Version: 2.1

Related documents: Member Privacy Notice · GINA / PHI Notice · Privacy Policy · Trust Center

Welcome to Wellness360

Welcome to Wellness360! This Wellness Program Membership Agreement ("Agreement") governs your participation as a member in the Wellness360 wellness platform (the "Platform" or "Program") provided by Wellness360 Technologies, Inc. ("Wellness360," "We," "Us," or "Our"), a company established under the laws of the State of California with offices at 548 Market St # 517464, San Francisco, California 94104-5401 US.

The Program is a voluntary employee wellness program sponsored by your employer, your spouse's employer, or other sponsoring organization (the "Program Sponsor") and operated by Wellness360. The Program encourages healthy lifestyle changes through activity tracking, challenges, health assessments, coaching, and incentive rewards.

Great relationships are built on honesty and trust. We're committed to supporting your health and wellness journey, and we ask that you participate with integrity, respect, and care for yourself and the wellness community.

This Agreement incorporates by reference the following documents (as applicable to your specific program): Member Privacy Notice, GINA / PHI Notice, Privacy Policy, and the Claims Data Addendum (applicable only if your Program Sponsor has enabled claims integration; contact support@wellness360.co to request a copy).

BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR USING THE PLATFORM, YOU ENTER INTO A BINDING AGREEMENT WITH WELLNESS360 AND AGREE TO ALL TERMS HEREIN. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE PLATFORM.

1. Your Commitment as a Member

1.1 Honesty and Accuracy

As a Wellness360 member, we ask that you:

  • Share true and accurate personal information during registration and throughout your participation
  • Honestly report your wellness activities and not falsify activity data (e.g., shaking a device to generate fake steps, claiming activities you didn't complete)
  • Update your profile information when it changes to ensure accurate program administration
  • Not create multiple accounts or impersonate others

Providing false or misleading information may result in forfeiture of rewards, suspension, or termination of your account.

1.2 Talk to Your Doctor First

We are not doctors. Before starting any new exercise program, diet, or wellness activity, consult your physician or qualified healthcare provider, especially if you:

  • Have any pre-existing health conditions
  • Are pregnant or nursing
  • Take medications that may be affected by exercise or diet changes
  • Have been sedentary or inactive for an extended period
  • Experience pain, dizziness, shortness of breath, or other concerning symptoms

The information and recommendations provided through the Platform are for general educational purposes only and do not constitute medical advice, diagnosis, or treatment.

1.3 Respect the Community

When interacting with other members through challenges, message boards, forums, or social features:

  • Be respectful, kind, and supportive
  • Do not post offensive, abusive, harassing, threatening, or inappropriate content
  • Do not share others' personal information without consent
  • Follow all community guidelines and program rules

We reserve the right to remove content, issue warnings, or suspend accounts for violations.

1.4 Friends and Visibility

If you add other members as "Friends," they will see some information about you, including:

  • Your name and profile picture (if you add one)
  • Your participation in challenges and leaderboards
  • Your activity data related to challenges you both participate in

You can always politely decline friend requests or remove friends at any time through your account settings. You control your privacy settings and what you share with the community.

2. Eligibility and Account Requirements

2.1 Age and Eligibility

You must be at least 18 years of age to participate in the Program. We do not knowingly collect Personal Information about individuals under the age of 18. If you believe we have collected information about anyone under 18, please contact us immediately at support@wellness360.co so we can remove it.

To be eligible for the Program, you must be included in your Program Sponsor's eligibility file. If you are no longer eligible (e.g., you leave your employer), your account may be automatically terminated.

2.2 Account Security

You are responsible for maintaining the confidentiality of your username and password. You must:

  • Create a unique password and not share it with anyone
  • Not allow others to access your account
  • Notify us immediately at support@wellness360.co if you suspect unauthorized access to your account

Wellness360 is not liable for any loss or damage arising from your failure to protect your account credentials.

2.3 One Account Per Person

Your account is personal to you. You may not:

  • Share your account with others
  • Transfer your account to another person
  • Create multiple accounts

Each person must have their own individual account.

3. Voluntary Participation

3.1 Participation is Completely Voluntary

Participation in the Wellness360 wellness program is COMPLETELY VOLUNTARY. You are not required to participate to:

  • Receive health insurance coverage
  • Receive any other employment benefit
  • Maintain your employment

As a condition of offering this wellness program, your Program Sponsor has represented to Wellness360 that it will not take any adverse employment action (including discipline, termination, demotion, or denial of promotion) against you if you choose not to participate. Because employment decisions are made by your Program Sponsor and not by Wellness360, direct any employment-related concerns to your Program Sponsor's HR department.

3.2 Right to Withdraw

You may withdraw from the Program and terminate your account at any time without penalty by:

  • Contacting Member Services at support@wellness360.co
  • Submitting a deletion request through your account settings
  • Contacting your program administrator

3.3 Alternative Standards (ADA Accommodation)

If you are unable to participate in certain wellness activities due to a disability, medical condition, or other health reason, we will work with you to provide reasonable alternative standards or accommodations.

To request an alternative standard or accommodation:

  • Contact Member Services at support@wellness360.co
  • Describe the activity or standard you cannot meet and the reason
  • We will work with you and your Program Sponsor to identify a reasonable alternative

You will not be penalized for requesting accommodations, and your participation in the Program will not be affected.

3.4 No Obligation to Share Information

Beyond basic eligibility information needed for enrollment, you are not required to share any health, biometric, or wellness information with us. However, choosing not to share information may:

  • Limit your ability to use certain Platform features (e.g., health assessments, coaching)
  • Affect your ability to earn rewards if they are tied to specific activities

4. Using the Wellness360 Platform

4.1 License Grant

Subject to your compliance with this Agreement, Wellness360 grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal wellness participation as intended by your Program Sponsor.

4.2 What You May NOT Do

You may not:

  • Reproduce, modify, distribute, display, perform, or create derivative works of the Platform
  • Reverse engineer, decompile, or disassemble any portion of the Platform
  • Use automated tools (bots, scrapers, scripts) to access the Platform or falsify activity data
  • Use the Platform, its content, or any data obtained from the Platform to train, fine-tune, develop, or improve any artificial intelligence, machine learning, or large language model, except with Wellness360's prior written permission
  • Interfere with or disrupt the Platform, servers, or networks
  • Use the Platform for any illegal, fraudulent, or unauthorized purpose
  • Remove, alter, or obscure any proprietary notices (copyright, trademark)
  • Access the Platform to build a competitive product or service
  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of Wellness360 or others
  • Upload viruses, malware, or harmful code
  • Spam other members or send unsolicited commercial messages
  • Post content that is offensive, obscene, defamatory, or violates others' rights

4.3 Program Abnormality and Abuse

We reserve the right to:

  • Monitor activity patterns to detect fraud, abuse, or gaming of the system
  • Investigate suspected violations of this Agreement
  • Adjust, withhold, or forfeit rewards if fraudulent activity is detected
  • Suspend or terminate accounts for violations
  • Share information with your Program Sponsor if activity indicates program abuse (e.g., falsifying data to earn undeserved rewards)
  • Report illegal activity to law enforcement

Examples of program abuse include but are not limited to:

  • Falsifying activity data (e.g., shaking a device to generate fake steps)
  • Creating multiple accounts to earn multiple rewards
  • Sharing devices or accounts to inflate activity
  • Claiming completion of activities you did not perform
  • Manipulating data or exploiting system vulnerabilities

4.4 Intellectual Property Rights

All content on the Platform, including text, graphics, logos, images, software, audio, video, and data compilations, is the property of Wellness360 or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

You do not acquire any ownership rights by using the Platform. Your right to use the Platform is limited to the license granted above.

Wellness360 Trademarks: Wellness360, the Wellness360 logo, and other marks are trademarks of Wellness360 Technologies, Inc. You may not use these trademarks without our prior written permission.

4.5 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant Wellness360 a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution to you.

5. Privacy and Data Protection

5.1 Our Commitment to Your Privacy

Your health and wellness information is personal and should be kept private. For complete details on how we collect, use, share, and protect your information, please review our Member Privacy Notice. For details on our security controls and compliance posture, see our Trust Center.

5.2 What Information We Collect

We collect information that you voluntarily provide, including:

  • Contact Information: Name, email, phone, address
  • Account Information: Username, password, profile photo
  • Demographic Information: Gender, date of birth, age, employee/member ID
  • Health and Wellness Information (if you choose to share): Health Risk Assessment (HRA) responses; biometric screening results (blood pressure, cholesterol, weight, BMI, glucose, etc.); activity data (steps, exercise, sleep, calories) from tracking devices; health coaching session notes and goals; participation in challenges and programs
  • Communications: Messages with Member Services, coaches, or support staff
  • Device and Usage Data: IP address, browser type, pages viewed, features used

We also receive information from:

  • Your Program Sponsor (eligibility file)
  • Biometric screening providers (lab results, if you participate)
  • Health insurance provider (claims data, if your Program Sponsor enables claims integration)
  • Activity tracking devices you connect (Fitbit, Apple Health, Garmin, etc.)

5.3 How We Use Your Information

We use your information to:

  • Administer and manage the wellness program
  • Track your progress and award rewards/incentives
  • Provide personalized wellness recommendations
  • Facilitate health coaching sessions
  • Respond to your questions and support requests
  • Send program updates and communications (with your consent)
  • Generate aggregate, de-identified reports for your Program Sponsor
  • Improve the Platform and develop new features
  • Ensure security and prevent fraud
  • Comply with legal obligations

5.4 What Your Employer Sees (and Doesn't See)

Your employer receives only aggregate, de-identified reports showing overall wellness trends and program participation rates (e.g., "45% of employees completed health assessments"). Your employer CANNOT identify you from these reports.

Your employer does NOT receive:

  • Your Health Risk Assessment responses
  • Your biometric screening results
  • Your health coaching notes or goals
  • Any specific health conditions, medications, or diagnoses
  • Individual activity details beyond what's needed for rewards administration

Limited exceptions: In specific circumstances, we may share identifiable information with your Program Sponsor for rewards verification, tax reporting, or if fraudulent activity is detected.

5.5 Third-Party Device Integrations

You can optionally connect fitness trackers and health apps (Fitbit, Apple Health, Google Fit, Garmin, etc.) to your Wellness360 account.

How it works:

  1. You click "Connect Device" in your Profile settings
  2. You are redirected to the device provider's authorization page (e.g., Fitbit.com)
  3. The device provider asks: "Allow Wellness360 to access your data?"
  4. You authorize on the device provider's platform (OAuth consent)
  5. Activity data (steps, exercise, sleep, etc.) syncs automatically
  6. You can disconnect any device at any time through your Profile settings

Important:

  • When you connect a third-party device, you are also subject to that provider's Terms of Use and Privacy Policy
  • Wellness360 is not responsible for the data collection or privacy practices of third-party device providers
  • We do not control what data your device collects — only what the provider shares with us based on your authorization

5.6 Data Security

We implement multiple layers of security to protect your information, including:

  • Encryption: Data in transit (TLS 1.2+) and at rest (AES-256)
  • HITRUST r2 Certification and SOC 2 Type II attestation — Demonstrating compliance with the highest standards for healthcare and SaaS data security (verifiable on our Trust Center)
  • Access Controls: Role-based access, multi-factor authentication, audit logging
  • Secure Infrastructure: AWS data centers with 24/7 monitoring and controlled physical access
  • Employee Training: All employees receive HIPAA and data privacy training
  • Business Associate Agreements: Required for all vendors handling health data

However, no system is 100% secure. We cannot guarantee absolute security of your information.

5.7 Your Privacy Rights

You have the right to:

  • Access your information (log into your account anytime or request a copy)
  • Correct inaccurate information (update in account settings or contact support)
  • Delete your information (terminate account and request deletion)
  • Port your data (request a copy in portable format)
  • Restrict processing (choose not to share certain information, though this may limit features)
  • Object to processing (suspend or terminate your account)

To exercise your rights:

  • Use the data management tool in your Profile
  • Contact privacy@wellness360.co
  • Call Member Services: +1 415 463 1515

State-Specific Rights:

  • California Residents (CCPA/CPRA): Right to know, delete, opt-out of sale, and non-discrimination
  • Virginia, Colorado, Connecticut, Utah, Texas, and Oregon Residents: Similar rights under state privacy laws

5.8 Data Retention and Deletion

If you terminate your account:

  • Phase 1 (30 days): Account deactivation. You can still access your account if you change your mind.
  • Phase 2 (Additional 30 days): Permanent data deletion. Your personally identifying information will be irreversibly deleted.
  • Total timeline: 60 days from deletion request to permanent removal

Note: Some information may be retained for legal, tax, or compliance purposes (typically 7 years for audit records). Your information may continue to appear in backup systems for up to 90 days after deletion.

5.9 Breach Notification

In the event of a data breach involving your information, we will:

  • Notify you within 60 days of discovering the breach (as required by HIPAA)
  • Provide details about what data was affected and steps you can take to protect yourself
  • Report the breach to the U.S. Department of Health & Human Services (HHS) and your Program Sponsor
  • Take corrective actions to prevent future breaches

6. Program Rewards and Incentives

6.1 Eligibility for Rewards

If your Program Sponsor offers incentive rewards, you may earn rewards by completing qualifying wellness activities as defined by your Program Sponsor. Eligibility requirements, reward types, and reward amounts are determined solely by your Program Sponsor and may change at any time.

6.2 How Rewards Are Earned

You may earn rewards by:

  • Completing activity challenges (step goals, fitness challenges)
  • Participating in Health Risk Assessments (HRAs)
  • Attending biometric screenings
  • Completing preventive care screenings (if claims integration is enabled)
  • Participating in health coaching sessions
  • Engaging with educational content
  • Other wellness activities as defined by your Program Sponsor

6.3 Reward Types

Rewards may include:

  • Points redeemable for gift cards or merchandise
  • Direct gift card delivery (digital or physical)
  • Health Savings Account (HSA) or Flexible Spending Account (FSA) contributions
  • Premium reductions or premium credits (if offered by your health plan)
  • Charitable donations on your behalf
  • Wellness-related prizes or merchandise

6.4 Reward Distribution and Timing

  • Rewards are typically processed and distributed monthly or quarterly, depending on your Program Sponsor's configuration
  • You will receive notification when rewards are earned and when they are distributed
  • Some rewards require additional steps to claim (e.g., selecting a gift card type)
  • Delivery timelines depend on the reward type and third-party fulfillment partners
  • If claims data integration is enabled, there may be a 30–60 day delay between completing a preventive screening and receiving the reward due to claims processing timelines

6.5 Expiration and Forfeiture

Expiration:

  • Points: May expire at the end of the calendar year or after 12 months of inactivity, depending on your Program Sponsor's policy
  • Gift Cards: Once issued, gift cards may have expiration dates as specified by the card issuer
  • Unclaimed Rewards: Rewards not claimed within the specified timeframe (typically 90 days) may be forfeited

Forfeiture: You may forfeit earned but unclaimed rewards if you:

  • Terminate your account before rewards are distributed
  • Separate from your employer (depending on your Program Sponsor's policy)
  • Are found to have committed fraud or violated this Agreement
  • Do not claim rewards within the specified timeframe

We strongly encourage you to redeem your rewards before terminating your account or leaving your employer.

6.6 Tax Implications

Rewards may be considered taxable income under federal and state tax laws.

  • Your Program Sponsor is responsible for determining whether rewards are taxable and for tax reporting (e.g., issuing Form 1099-MISC if rewards exceed IRS thresholds)
  • You are responsible for reporting taxable rewards on your tax return
  • Wellness360 is not responsible for tax implications of rewards
  • Consult a tax professional if you have questions about your tax obligations

6.7 Reward Limitations and Changes

  • Your Program Sponsor may set a maximum annual reward limit
  • Rewards have no cash value unless specified otherwise
  • Rewards cannot be transferred, sold, or exchanged except as explicitly allowed
  • Wellness360 and your Program Sponsor reserve the right to modify, suspend, or discontinue the rewards program at any time with or without notice

6.8 Dispute Resolution for Rewards

  1. Contact Member Services at support@wellness360.co within 30 days of the disputed activity or reward distribution
  2. Provide details of the activity, expected reward, and reason for dispute
  3. We will investigate and respond within 30 days
  4. Decisions regarding reward eligibility and calculations are at the sole discretion of your Program Sponsor and are final

6.9 Shipping and Third-Party Fulfillment

  • If you select physical rewards (merchandise, gift cards), you are responsible for providing accurate shipping information
  • Shipping fees, if any, will be disclosed before you confirm your reward selection
  • Third-party reward partners have their own terms and conditions that apply to your use of the rewards
  • Wellness360 is not responsible for the quality, availability, or fulfillment of rewards provided by third-party partners

7. Program Partners and Third-Party Services

7.1 Program Partners

Depending on your program design, you may have access to services from our Program Partners, including:

  • Biometric screening providers
  • Health coaching services
  • Nutrition programs
  • Fitness classes or digital fitness platforms
  • Mental health or stress management resources
  • Other health and wellness services

7.2 Using Program Partner Services

If you choose to use Program Partner services:

  • You will be subject to the Program Partner's privacy notice and terms of use
  • You may need to provide additional personal information directly to the Program Partner
  • The Program Partner may share relevant information with Wellness360 to support your wellness goals or manage incentives
  • Wellness360 is not responsible for Program Partner practices, services, or content

You can see a list of Program Partners for your program by selecting "Devices & Apps" from your Profile.

7.3 Medical Disclaimer for Program Partners

Program Partners are independent providers. If a Program Partner provides medical services (e.g., biometric screenings, health coaching by licensed professionals):

  • They are responsible for the quality and safety of their services
  • You should follow their instructions and consult your personal physician if you have concerns
  • Wellness360 is not liable for any injury, diagnosis, treatment, or medical advice provided by Program Partners

7.4 Links to Third-Party Websites

The Platform may contain links to third-party websites, apps, or services that we do not own or control. We provide these links for your convenience but:

  • We do not endorse or control third parties
  • We are not responsible for their content, privacy practices, or terms
  • Your use of third-party services is at your own risk and subject to their terms and policies

8. Medical Disclaimer and Assumption of Risk

8.1 No Medical Advice

THE WELLNESS360 PLATFORM DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The information, recommendations, and services provided through the Platform are for general educational and informational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare provider before starting any exercise program, making dietary changes, taking any action related to your health, or participating in wellness activities if you have pre-existing health conditions.

Never disregard professional medical advice or delay seeking it because of information you obtained from the Platform.

8.2 No Doctor-Patient Relationship

Use of the Platform does not create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and Wellness360, our coaches, or any third-party provider.

Wellness360 is not a healthcare provider and does not provide medical services.

8.3 Health Coaching Disclaimer

If you participate in health coaching:

  • Coaching is educational and motivational, not medical treatment
  • Health coaches provide wellness support, not medical advice
  • Coaches are trained wellness professionals but are not your healthcare providers (unless explicitly licensed and disclosed as such)
  • You should inform your coaches of any medical conditions or limitations
  • Coaching sessions are confidential, but coaches may be required to report safety concerns or abuse as required by law

8.4 Assumption of Risk

You acknowledge that participation in wellness activities, including physical exercise, fitness challenges, and activity tracking, carries inherent risks, including:

  • Physical injury (muscle strain, sprains, falls, fractures)
  • Aggravation of pre-existing conditions
  • Cardiovascular events in rare cases
  • Other health complications

You voluntarily assume all such risks and agree to participate at your own risk. If you experience pain, dizziness, shortness of breath, or other concerning symptoms during any activity, STOP IMMEDIATELY and consult your physician.

8.5 Release of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND HOLD HARMLESS WELLNESS360 TECHNOLOGIES, INC., YOUR PROGRAM SPONSOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, OR EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM OR RELATED TO:

  • Your participation in the wellness program
  • Any injury, illness, or death resulting from your use of the Platform or participation in wellness activities
  • Reliance on information provided through the Platform
  • Use of third-party devices, apps, or services integrated with the Platform
  • Your interactions with other members, coaches, or Program Partners

This release applies even if the injury or loss was caused by the negligence of Wellness360 or others, except where prohibited by law.

8.6 Indemnification

You agree to indemnify, defend, and hold harmless Wellness360 from any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Platform
  • Your violation of this Agreement
  • Your violation of any rights of another person or entity
  • Your participation in wellness activities

9. Account Termination and Cancellation

9.1 Termination by You

You may terminate your account at any time for any reason by:

  • Submitting a deletion request through your account settings
  • Contacting Member Services at support@wellness360.co
  • Contacting your program administrator

9.2 Termination Timeline

Phase 1 — Account Deactivation (30 days):

  • Your account will be deactivated within 30 days of your request
  • During this period, you can still access your account if you change your mind
  • If you log in during this period, your account will remain active

Phase 2 — Data Deletion (Additional 30 days):

  • After the 30-day deactivation period, your personally identifying information will be permanently and irreversibly deleted within an additional 30 days
  • Total timeline: 60 days from your deletion request to permanent data deletion

9.3 Redeem Your Rewards Before Closing Your Account

Any unclaimed rewards will be forfeited upon account termination.

We strongly encourage you to:

  • Review your points balance before requesting account closure
  • Redeem any available rewards
  • Allow time for rewards to be processed and delivered

Once your account is closed, you cannot claim rewards, and they will be permanently forfeited.

9.4 Effect of Termination

Upon termination:

  • You will lose access to the Platform and all Platform features
  • Your Personal Information will be deleted in accordance with the timeline above
  • Some information may be retained for legal, tax, audit, or compliance purposes (typically 7 years for audit records)
  • Your information may continue to appear in backup systems for up to 90 days after deletion

Following your deletion request, we may still receive information about you from your Program Sponsor's Eligibility Files or claims-related data. To remove your information from these sources, submit that request directly to your Program Sponsor.

9.5 Termination by Wellness360

We may suspend or terminate your account at any time if:

  • You violate this Agreement
  • You engage in fraudulent activity, abuse, or gaming the system
  • Your Program Sponsor terminates its agreement with Wellness360
  • Your Program Sponsor ends its wellness program
  • Required by law or legal process
  • We believe in good faith that termination is necessary to protect our rights, property, or the rights of others

9.6 Automatic Termination

Your account may be automatically terminated if:

  • Your employment with your Program Sponsor ends (depending on your Program Sponsor's policy)
  • You are no longer eligible to participate in the wellness program (e.g., removed from Eligibility File)
  • Your Program Sponsor's contract with Wellness360 expires or is terminated

10. Limitation of Liability

10.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy or reliability
  • That the Platform will be uninterrupted, secure, or error-free
  • That defects will be corrected
  • That the Platform is free of viruses or harmful components

Wellness360 does not warrant that results from use of the Platform will be accurate, reliable, or meet your expectations.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLNESS360 TECHNOLOGIES, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROGRAM SPONSORS, PROGRAM PARTNERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Loss of use of the Platform
  • Loss of goodwill or reputation
  • Costs of substitute services
  • Emotional distress or pain and suffering

Arising from or related to:

  • Your use or inability to use the Platform
  • Any unauthorized access to or use of your account or information
  • Any interruption, suspension, or cessation of transmission to or from the Platform
  • Any bugs, viruses, Trojan horses, or harmful code transmitted through the Platform
  • Any errors, omissions, or inaccuracies in content
  • Any injury, illness, or loss of any kind incurred as a result of your use of the Platform or participation in wellness activities

This limitation applies even if Wellness360 has been advised of the possibility of such damages, regardless of the legal theory, and even if a remedy fails of its essential purpose.

10.3 Cap on Liability

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WELLNESS360 TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF:

  • (A) US $100 or
  • (B) the amount you paid (if any) to access the Platform in the 12 months preceding the claim

Since the Platform is typically provided at no direct cost to you, this cap will generally be $100.

10.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations may not apply to you, and Wellness360's liability will be limited to the fullest extent permitted by applicable law.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

If you have a dispute with Wellness360, please contact us first at support@wellness360.co to attempt informal resolution. We will work in good faith to resolve the dispute. Please provide your name and contact information, a description of the dispute, and the resolution you are seeking. We will respond within 30 days.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AND WELLNESS360 AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.

Exceptions:

  • You may assert claims in small claims court if your claims qualify and remain in small claims court
  • Either party may seek equitable relief in court for infringement or misuse of intellectual property rights
  • Either party may seek injunctive relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights

11.3 Arbitration Procedures

Arbitration Administrator: American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the arbitration is initiated.

AAA Contact: www.adr.org · 1-800-778-7879

Arbitration Location: The arbitration will be held in the county where you reside or in Santa Clara County, California, or another mutually agreed location.

Arbitrator Authority: The arbitrator will have exclusive authority to resolve all disputes, including the scope and enforceability of this arbitration agreement. The arbitrator will apply the same substantive law that a court would apply. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Fees: If you initiate arbitration, Wellness360 will pay all AAA filing, administration, and arbitrator fees. If Wellness360 initiates arbitration, we will pay all fees. Each party will bear its own attorney fees unless the arbitrator awards attorney fees under applicable law.

11.4 Class Action Waiver

YOU AND WELLNESS360 AGREE THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.

You and Wellness360 expressly waive the right to participate in a class action, participate in a class-wide arbitration, act as a class representative or private attorney general, or consolidate your claims with the claims of others.

If this class action waiver is found to be invalid or unenforceable, then the entirety of this arbitration agreement (Section 11) will be null and void, and the dispute will be resolved in court.

11.5 Opt-Out of Arbitration

You have the right to opt out of this arbitration agreement. If you do not want to be subject to this arbitration agreement, you must notify us in writing within 30 days of first accepting this Agreement.

To opt out, send written notice to:

  • Email: legal@wellness360.co
  • Mail: Wellness360 Technologies, Inc., 548 Market St # 517464, San Francisco, California 94104-5401 US, Attn: Legal Department – Arbitration Opt-Out

Your opt-out notice must include your name, email address, mailing address, and a clear statement that you wish to opt out of this arbitration agreement.

If you opt out, all other parts of this Agreement will continue to apply, but disputes will be resolved in court rather than through arbitration.

12. Changes to This Agreement

12.1 Updates and Modifications

We may update this Agreement from time to time to reflect changes in our practices, legal requirements, or new features. If we make material changes:

  • You will be notified via email or Platform notification
  • You will be required to review and accept the updated Agreement before continuing to use the Platform
  • The date at the top of this Agreement will be updated to reflect the latest version

Your continued use of the Platform after changes become effective constitutes acceptance of the updated Agreement.

12.2 Non-Material Changes

For minor changes (e.g., correcting typos, clarifying language without changing meaning), we may update this Agreement without requiring re-acceptance. However, the "Last Updated" date will be updated.

13. General Provisions

13.1 Entire Agreement

This Agreement, together with our Member Privacy Notice, GINA / PHI Notice, Privacy Policy (incorporated herein), Claims Data Addendum (if applicable), and any other policies referenced herein, constitute the entire agreement between you and Wellness360 regarding the Platform and supersede any prior agreements, whether written or oral.

13.2 Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of California, without regard to its conflict of laws principles.

Any court proceedings (to the extent not subject to arbitration under Section 11) will be brought in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction of such courts.

13.3 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.4 Waiver

Our failure to enforce any provision of this Agreement does not waive our right to enforce that provision or any other provision in the future. No waiver of any term will be deemed a further or continuing waiver of such term or any other term.

13.5 Assignment

You may not assign, transfer, or delegate this Agreement or your account without our prior written consent. Any attempted assignment in violation of this provision will be null and void.

Wellness360 may assign this Agreement or delegate its obligations without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

13.6 Force Majeure

Wellness360 is not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including:

  • Acts of God (earthquakes, floods, fires, storms)
  • War, terrorism, riots, or civil unrest
  • Pandemics or epidemics
  • Government actions or regulations
  • Labor disputes or strikes
  • Internet, telecommunications, or network failures
  • Power outages or failures of third-party hosting providers
  • Cyberattacks

13.7 Notices and Communications

We may provide notices to you via email, Platform notifications, or posting on the Platform. You agree that electronic notices satisfy any legal requirement that notices be in writing.

To contact us:

Member Services Hours: Monday – Friday, 9:00 AM – 7:00 PM Central Time

13.8 Translation

This Agreement is provided in English. Your Program Sponsor may provide translated versions, or you may request one by contacting support@wellness360.co. In the event of any discrepancy between the English version and a translation, the English version will prevail.

13.9 Electronic Signature and Acceptance

By clicking "I Accept," checking the acceptance box, or using the Platform, you acknowledge that:

  • You have read and understood this Agreement
  • You agree to be legally bound by all terms and conditions
  • Your electronic acceptance constitutes a binding electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws
  • You consent to enter into agreements electronically
  • You have the authority to enter into this Agreement

This Agreement is legally enforceable as if it were a written paper contract signed by you.

13.10 Survival

Sections that by their nature should survive termination will survive, including:

  • Section 4.4 (Intellectual Property Rights)
  • Section 6 (Rewards — forfeiture provisions)
  • Section 8 (Medical Disclaimer and Assumption of Risk)
  • Section 10 (Limitation of Liability)
  • Section 11 (Dispute Resolution and Arbitration)
  • Section 13 (General Provisions)

14. Regulatory Compliance

Wellness360 maintains compliance with the following laws, regulations, and frameworks. Current certifications and audit reports are available on our Trust Center:

  • HIPAA (Health Insurance Portability and Accountability Act) — Business Associate requirements
  • HITECH Act — Enhanced HIPAA enforcement and breach notification
  • ADA (Americans with Disabilities Act) — Wellness program requirements, reasonable accommodations
  • GINA (Genetic Information Nondiscrimination Act) — Genetic information protections
  • TCPA (Telephone Consumer Protection Act) — Automated communications consent
  • CCPA/CPRA (California Consumer Privacy Act / California Privacy Rights Act)
  • State Privacy Laws (Virginia CDPA, Colorado CPA, Connecticut CTDPA, Utah UCPA, Texas TDPSA, Oregon OCPA)
  • GDPR (General Data Protection Regulation) — For international users
  • HITRUST CSF — r2 Certified
  • SOC 2 Type II — Security and availability controls
  • ISO/IEC 27001 — Information security management
  • US TX-RAMP Level 2 — Texas Risk and Authorization Management Program
  • FTC Health Breach Notification Rule

15. Contact Information

15.1 Member Services

Wellness360 Technologies, Inc.
548 Market St # 517464
San Francisco, California 94104-5401 US

  • Email: support@wellness360.co
  • Phone: +1 415 463 1515
  • Hours: Monday – Friday, 9:00 AM – 7:00 PM Central Time

15.2 Privacy Officer

Email: privacy@wellness360.co

Data Rights Requests: Use the data management tool in your Profile or email privacy@wellness360.co.

15.3 Legal Department

Email: legal@wellness360.co

15.4 Complaints

Privacy Complaints:

  • Email: privacy@wellness360.co
  • Mail: 548 Market St # 517464, San Francisco, California 94104-5401 US, Attn: Privacy Officer

16. Acknowledgment and Acceptance

BY CLICKING "I ACCEPT," CHECKING THE ACCEPTANCE BOX, CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT:

  • You have read, understood, and agree to be bound by this Wellness Program Membership Agreement
  • You have read and understand the Member Privacy Notice incorporated herein
  • You commit to participating with honesty, accuracy, and integrity
  • You understand that participation in the wellness program is voluntary
  • You understand you should consult your physician before beginning any wellness activities
  • You understand the risks associated with physical activity and voluntarily assume those risks
  • You agree to release Wellness360 and your Program Sponsor from liability as described herein
  • You agree to binding arbitration and waive your right to a jury trial and class actions
  • You understand your privacy rights and how to exercise them
  • You understand how incentives and rewards work, including expiration, forfeiture, and tax implications
  • Your electronic acceptance constitutes a binding electronic signature

If you do not agree with this Agreement, please do not use the Platform.

Thank you for being part of the Wellness360 community. We're here to support your health and wellness journey.

End of Wellness Program Membership Agreement

Last Updated: April 28, 2026
Version: 2.1

© 2026 Wellness360 Technologies, Inc. All rights reserved.

×