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Working Draft — v1.0 (in active review)

We are finalizing these Terms with counsel. This version applies to use of the Service today; we will email merchants and post a notice 30 days before any material change takes effect, as described in section 14.

Terms of Service

Effective date: May 14, 2026

Last updated: May 14, 2026

Version: 1.0

These Terms of Service ("Terms") form a binding agreement between you ("Merchant", "you", "your") and Wellthie, Inc. ("Wellthie", "we", "us", "our"), the company that operates the Wellthie marketplace platform at app.wellthie.me (the "Service"). By creating an account, clicking "I agree", or using the Service, you accept these Terms.

If you do not agree, do not use the Service.

1. What Wellthie does

Wellthie operates a digital health rewards marketplace. Through Wellthie, end users ("Customers") earn loyalty points ("WellPoints") from third-party wellness partners ("Partners") and redeem those WellPoints for offers published by participating businesses ("Merchants").

Wellthie is a marketplace, not a party to your transactions. Wellthie does not sell, deliver, or honor any goods, services, coupons, or offers itself. Each redemption is a transaction between you, the Merchant, and the Customer.

2. Eligibility and account

To create a Merchant account you must:

  • Be a legitimate business legally permitted to offer the goods or services in your listings
  • Be 18 or older and authorized to bind your business to these Terms
  • Provide accurate business contact, location, and payment information
  • Keep your account credentials secure and not share them

We may refuse, suspend, or terminate any account at our discretion, including accounts we believe to be fraudulent, in violation of these Terms, or harmful to Customers, Partners, or Wellthie.

3. Subscription, free trial, and billing

3.1 Free trial

When you start a Wellthie Merchant subscription, you receive a free trial period of 90 days ("Trial"). To start the Trial you must add a valid payment method ("Card") to your account, which we store securely with our payment processor (Stripe). You will not be charged during the Trial.

3.2 Subscription fee

After the Trial ends, your Card will be automatically charged $9.99 per month ("Subscription Fee"), and on the same calendar day every month thereafter, until you cancel. The Subscription Fee may change on 30 days' written notice; any change applies only to renewals after the notice period.

3.3 Grace period for failed payment

If a charge fails at the end of the Trial or any monthly renewal, your subscription enters a 30-day grace period. During the grace period your existing listings remain visible but no new charges are attempted automatically. If you do not provide a valid Card by the end of the grace period, your subscription will be canceled and your active listings will be deactivated.

3.4 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period (or, during the Trial, at Trial end), so:

  • If you cancel during the Trial, you are not charged. Your listings stay live until Trial end and then deactivate.
  • If you cancel after the Trial, you keep access until the end of the period you already paid for, then your listings deactivate and you stop being charged.
  • We do not offer pro-rated refunds for partial months.
  • Your account itself stays open after cancellation, so you can re-subscribe later without re-registering.
  • Your stored Card will be removed from our payment processor on cancellation.

3.5 Taxes

Subscription Fees are stated exclusive of any taxes. You are responsible for any sales, use, value-added, or similar taxes payable on your subscription, except for taxes on Wellthie's net income.

4. Merchant listings and customer redemptions

4.1 Your listings

You may publish offers ("Listings") for goods or services that you control and are legally permitted to offer. Each Listing must:

  • Accurately describe the offer, including any conditions, limitations, dates, and locations
  • Comply with all applicable federal, state, and local laws and regulations
  • Not contain false, misleading, deceptive, defamatory, hateful, sexually explicit, or unlawful content
  • Not infringe any third party's intellectual property, privacy, or other rights

We may remove, modify, or refuse any Listing at our discretion.

4.2 Honoring redemptions

When a Customer redeems a Listing, they receive a unique coupon code. You agree to honor every valid redeemed coupon at the locations and on the terms stated in your Listing. Failure to honor redemptions may result in suspension or termination.

You — not Wellthie — are responsible for: actually providing the offered goods or services, complying with consumer protection law, food-safety and licensing requirements, employment law for your staff, and resolving any Customer complaints arising from a redemption.

4.3 No employment or partnership

Nothing in these Terms creates an employment, partnership, joint venture, franchise, or agency relationship between you and Wellthie. You are an independent business.

5. WellPoints

WellPoints are a unit of account internal to the Wellthie marketplace. WellPoints are issued by Partners to Customers, not by Wellthie or Merchants, and are redeemed for Merchant Listings.

WellPoints have no cash value, are not legal tender, are not transferable between Customers, do not earn interest, and may be modified, suspended, or terminated at any time. Wellthie has no obligation to refund WellPoints.

6. Acceptable use

You will not, and will not allow any other person to:

  • Use the Service for any unlawful, harmful, fraudulent, or deceptive purpose
  • Reverse engineer, decompile, or attempt to extract source code, except where allowed by law
  • Probe, scan, or test the vulnerability of the Service, or breach security or authentication
  • Interfere with the Service, including by transmitting malware, denial-of-service traffic, or excessive automated requests
  • Scrape, collect, or harvest Customer data from the Service
  • Misrepresent your identity, affiliation, or business
  • Use the Service to send unsolicited communications, spam, or unauthorized advertising

We may investigate any suspected violation and cooperate with law enforcement.

7. Intellectual property

7.1 Wellthie's IP

Wellthie, the Wellthie name, logo, and all software, design, content, and documentation we provide are owned by Wellthie or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business purposes during your active subscription, subject to these Terms.

7.2 Your content

You retain ownership of all content you submit to the Service, including your business name, logo, listing copy, photos, and offers ("Merchant Content"). You grant Wellthie a worldwide, non-exclusive, royalty-free license to host, display, reproduce, modify (for formatting and resizing), and distribute your Merchant Content as needed to operate, promote, and market the Service. This license ends when you remove the content, except for backups and archived versions retained for legal or operational reasons.

7.3 Feedback

If you send us feedback or suggestions, we may use them without restriction or compensation to you.

8. Payment processing

Card payments are processed by Stripe, Inc. By starting a subscription you also agree to Stripe's Services Agreement and Privacy Policy. Wellthie does not store full card numbers. We rely on Stripe for fraud prevention, chargeback handling, and PCI compliance.

If you dispute a charge with your card issuer, we may suspend or terminate your account pending resolution.

9. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Wellthie does not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

Wellthie is not responsible for the quality, safety, legality, or delivery of any goods or services offered by Merchants, or for the accuracy of any Listing.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of liability

To the maximum extent permitted by law:

  • Wellthie's total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the amount you paid Wellthie in the 12 months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
  • Wellthie will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, or data, even if Wellthie has been advised of the possibility of such damages.

These limits apply regardless of the legal theory (contract, tort, statute, or other) and even if a remedy fails its essential purpose. Some jurisdictions do not allow these limits, so they may not apply in full to you.

11. Indemnification

You will defend, indemnify, and hold harmless Wellthie, its officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

  • Your Listings or any goods or services you offer through Wellthie
  • Your breach of these Terms or violation of any law
  • Any dispute between you and a Customer
  • Your Merchant Content infringing a third-party right

12. Term and termination

These Terms apply from the moment you create an account and continue until terminated. Either party may terminate at any time as described in section 3.4.

We may suspend or terminate your account immediately, with or without notice, if we reasonably believe you have violated these Terms, created risk for Wellthie or our users, or engaged in fraud.

Sections that by their nature should survive termination — including 3.5, 4.2, 5, 7, 9, 10, 11, 13, and 14 — will survive.

13. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. You and Wellthie agree to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida for any dispute, except that either party may seek injunctive relief in any competent court.

14. General

  • Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and Wellthie about the Service.
  • Changes. We may update these Terms from time to time. Material changes will be communicated by email or in-product notice at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Severability. If any provision is unenforceable, the remaining provisions stay in full effect.
  • Notices. Legal notices to Wellthie should be sent to support@wellthie.me. Notices to you may be sent to the email on your account.

15. Contact

Wellthie, Inc.
Miami, FL
Email: support@wellthie.me