1. Acceptance of Terms

By accessing or using The Well Club’s services, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please refrain from using our services.

Your access to and use of our services is also conditioned on your acceptance of and compliance with the Privacy Policy of The Well Club. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use our application or our website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our services.

2. Coaching Services

a. We offer four tiers of coaching services accommodate a wide array of needs and are designed to support personal development and well-being. Our coaches are not licensed medical or clinical professionals and cannot provide medical diagnoses or treatments. The guidance provided should not replace consultation with qualified healthcare providers for any medical or mental health concerns.

b. The information provided on or through our application, website, programs, products, and services is for educational and informational purposes only and is made available to you as self-help tools for your own use. When using any material obtained from or through The Well Club, whether through our application, in-person, phone, Skype, Zoom, webinars, teleseminars, webcams, social media, or otherwise in a variety of settings, including but not limited to individual and/or group coaching programs, classes, workshops, events, retreats, seminars, consultations and/or training, you acknowledge that The Well Club and its coaches are supporting you in their role as coaches, and in no other capacity.

3. Subscriptions and Billing

The Well Club offers both recurring subscription plans and one-time services. When you sign up for a subscription, you agree to the following:

a. Recurring Subscriptions
Your subscription will automatically renew at the end of each billing cycle unless you cancel it in accordance with our Cancellation policy below. Upon renewal, we may increase your fees up to Our then-current list price set out in our product menu. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your then-current term by giving the notice required in the “Cancellation” section below.

Please note that if you have the Advanced Membership which includes the bi-weekly one on one coaching sessions, any sessions that are not used during the month do not rollover and will expire at the end of each month.

b. Payment
If you are paying by credit card, you authorize The Well Club to charge the payment method on file for all recurring fees associated with your subscription. You further authorize us to use a third party to payments, and consent to the disclosure of your payment information to such third party. Fees are non-refundable except as expressly stated in these Terms. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes policy. for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.

c. Cancellation
You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. If you purchased your Recurring Subscription directly through The Well Club, you can cancel via your account settings on our platform. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party. Only the primary account holder of a family plan may cancel a family plan subscription.

For further assistance, please contact us by email at support@thewellclub.com or through our support page. If you cancel, you are not entitled to a refund for fees already paid. However, subject to these Terms, you will continue to receive access to The Well Club’s premium services until the end of your current subscription period.

4. User Responsibilities

You agree to use The Well Club services responsibly and not to:

• • Violate any applicable laws or regulations.
  • Share or distribute content that is harmful, offensive, or inappropriate.
  • Attempt to access accounts or systems without authorization.

Specifically, you may not access or use, or attempt to access or use, The Well Club services to take any action that could harm us or a third party. You may not use The Well Club services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with The Well Club services, or any content thereof, or make any unauthorized use thereof.

5. Account Management

You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately if you suspect unauthorized access or activity on your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

6. Changes to Services or Terms

The Well Club reserves the right to modify these Terms or adjust service offerings at any time. Once our new Terms are effective, continued use of our services after changes take effect constitutes acceptance of the new Terms and you agree to be bound by the updated Terms. If you do not agree to any changes made to the Terms, you should stop using our services and you may cancel the services pursuant to the terms of the Cancellation in Section 2(c) above.

7. Limitation of Liability

To the fullest extent permitted by law, The Well Club is not liable for any indirect, incidental, or consequential damages arising from your use of our services. Your use of our services is at your own risk. The website or application and any content, information, products or services made available on or through the website or application are provided on an ‘as is” and ‘as available” basis without a warranty of any kind. The Well Club and/or its suppliers and licensors hereby disclaim all warranties and conditions regarding the website or application or any information, content, products or services contained therein, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, The Well Club makes no warranty that (i) the application or website will meet your requirements, (ii) your access to the application or the website will be uninterrupted, timely, secure or error-free, (iii) the quality of any content, products, services, information or other material obtained through the application or website will meet your expectations, and (iv) any errors in the software will be corrected. The application, website, the products and services available through the application and website and the information, content, software, documents, and related graphics published on the application or website could include technical inaccuracies, errors, or omissions. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any address, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by The Well Club.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

8. Termination

The Well Club may terminate your access to services at any time for violating these Terms or for any other reason at its sole discretion.

Upon termination, your right to use The Well Club services will cease immediately. If you wish to terminate your account, you may simply discontinue using our services.

9. Intellectual Property

The Well Club services, and its original content, features and functionality are and will remain the exclusive property of The Well Club and its licensors.

Our services are protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or services without the prior written consent of The Well Club.

10. Your Feedback to Us

You assign all rights, title and interest in any feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our services you provide to us. If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.

11. Links to Other Websites

Our services may contain links to third-party web sites or services that are not owned or controlled by The Well Club.

The Well Club has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that The Well Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

12. Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern this Terms and your use of our services. Your use of our application may also be subject to other local, state, national, or international laws.

13. Dispute Resolution

If you have any concern or dispute about the services, you agree to first try to resolve the dispute informally by contacting The Well Club.

If informal resolution is not possible for any reason, then any dispute arising out of or relating in any way to your use of The Well Club services or any products, services, or information you receive through The Well Club services, shall be submitted to confidential, binding arbitration in Honolulu County, California, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Honolulu County, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.

14. For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.

15. United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

16, Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect The Well Club’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

18. Data Usage and Privacy

a) Collection and Use of Data
By using The Well Club services, you acknowledge and agree that The Well Club collects, stores, and uses data related to your interactions, usage patterns, and engagement with our platform. This data may be used to improve our services, enhance user experience, conduct research, and provide personalized content or recommendations.

b) User-Generated Content and Communications
Any content, feedback, or interactions you submit through The Well Club’s application, website, coaching sessions, community forums, or related services may be collected and used for internal analysis, product improvements, and aggregated insights.

c) Anonymized and Aggregated Data
The Well Club reserves the right to anonymize and aggregate user data for research, analytics, business intelligence, and marketing purposes. This data will not personally identify you but may be used to derive insights into wellness trends, coaching effectiveness, and service enhancements.

d) Confidentiality of Coaching Data
While The Well Club may collect usage metrics and anonymized insights, personal coaching conversations, notes, and individualized coaching data will not be shared with third parties unless required by law or explicitly consented to by the user.

e) Third-Party Integrations
If The Well Club services integrate with third-party tools or platforms (e.g., payment processors, video conferencing services), user data shared through these services is subject to both our Privacy Policy and the terms of the respective third-party providers.

f) Opt-Out and Data Removal Requests
Users may request to review, modify, or delete their personal data by contacting our support team at support@thewellclub.com. Certain data may be retained as required by legal, security, or contractual obligations.

g) Full Privacy Policy
See the full Privacy Policy for The Well Club for complete details.

Contact Us

If you have any questions or need further clarification, please contact us at:
Email: support@thewellclub.com
Phone: (888) 496-0744

Effective Date: January 1, 2025