Terms of Service

Last updated November 26, 2025

Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service" or this "Agreement") carefully before accessing the website www.wellthy.com (the "Website") or accessing and using of Wellthy Community accessible at https://community.wellthy.com ( “Wellthy Community” and together with the Website, the “Service”), each operated by Wellthy, Inc. (“Wellthy", "us", "we", or "our"). This Agreement sets forth the legally binding terms governing access to and use of the Service. Your ("you", "your" or "Member") access to and use of the Service is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have permission to access the Service. In addition, by accessing or using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide by. In such a case, "you", "your" and "Member" shall refer to that entity.

This Agreement can be found at https://wellthy.com/terms, and serves as a supplement to Wellthy's other policies, including but not limited to its Privacy Policy.

1. Definitions

As used in these Terms, the following capitalized terms have the meanings given to them here:

• Care Coordinator — A Wellthy employee who assists with individual tasks to be prioritized and worked on as part of a Care Journey. Care Coordinators are part of Wellthy's in-house Care Team.
• Care Team — Wellthy employees with a healthcare, social work, coordination, or similar background who work directly or indirectly with Members.
• Care Journey — A project for the coordination of care for a Care Recipient organized in the Service.
• Care Circle — The Care Team and Members with respect to a Care Journey.
• Care Recipient — The individual (who may or may not be a “Member”) whose care needs are being managed by Care Circle Members in a Care Journey.
• Sponsor — A health plan or employer that sponsors a Managing Member to access the Service and establish Care Journeys.
• Sponsored Member — A Managing Member whose access to the Service and establishment of Care Journeys is sponsored by a health plan or employer.
• Journey Member — A Member that has full access to a Care Journey.
• Managing Member — A Member that is able to establish and manage Care Journeys, including adding and removing Journey Members and Task Members.
• Member — A user of the Service. These Terms apply to all Members.
• Moderator — A Wellthy employee responsible for moderating the content posted by Members in Wellthy Community.
• Task Member — A Member that has limited access to certain Tasks in a Care Journey.

2. General

The Service is owned, provided, and operated by Wellthy. Wellthy provides an online solution and healthcare coordination service to assist families caring for their loved ones.

3. Modifications to Terms

We may modify the Agreement from time to time without notice to you. In the event of such change, we will post the updated Terms on this page and will update the last updated date at the bottom of this Agreement. The changes will take effect immediately (unless stated otherwise). You are solely responsible for familiarizing yourself with this Agreement and ensuring that you periodically review the Terms. Your continued use of the Service following such an update will signify your consent to be bound by the modifications. If you do not agree with the changes, do not use the Service.

4. Use of the Service

(a) User License
We grant you a revocable, non-exclusive, non-sublicensable and non-transferable license to use the Service and Wellthy Content solely for the purposes of participating in the management of a Care Recipient's Care Journey. We reserve the right to refuse service, terminate accounts, remove content, or edit content at our sole discretion.

(b) Eligibility
When you create an Account with us, you represent and warrant the following:

• You are at least 18 years of age.
• You are authorized to either create a Care Journey for the Care Recipient or participate in a Care Journey for the Care Recipient.

We may, in our sole discretion, refuse to offer the Service or grant access to you or any other Member (or amend your access to the Care Journey) at any time and for any reason.

(c) Accounts
In order to use the Service, you must create a password-protected account ("Account"). Creating an Account requires you to provide your email address, name and a password. Your email address may not contain a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use an email address that is offensive, vulgar, or obscene.

You are the sole authorized user of your Account, and you are responsible for keeping your Account safe and secure from unauthorized access. You accept responsibility for any and all activities or actions that occur under your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. Wellthy is not liable for any losses or harm that may be incurred by you or a third party that is due to unauthorized use of your Account.

In addition, you represent and warrant that the information you provide us with respect to your Account is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account.

You hereby grant, subject to the Privacy Policy, Wellthy a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use your information, in order to perform and improve upon the Service.

(d) Restrictions
You represent and warrant that your actions and the information you provide, whether such information is provided via the Service, a telephone call, e-mail, or other communication (a) do not infringe, violate, or misappropriate any third party's copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; (b) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (c) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (d) will not be obscene or contain child pornography or be harmful to minors; (e) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; and (f) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other partners or suppliers.

(e) Invitations
If you invite another person to use the Service, Wellthy will send invitations on your behalf to such person's email address for the purpose of inviting them to use the Service. By providing Wellthy with such person's email address, name and an optional message, you represent to us that you are authorized to share such invitee's e-mail address and name with us and you authorize us to invite them and to send them any message you include in your invitation and any reminders to join the Service.

5. Payments

(a) Payments from you to Wellthy
In order to use our Service, Wellthy charges a fee ("Fee"). The Fee for your account may be covered by an employer or by another third party, or you may pay for the Fee yourself. In the event the Fee is covered by your employer or another third party, the terms of such payment will be governed by a separate agreement entered into between Wellthy and that third party. If the Fee is not covered by a third party, you will be required to pay the Fee yourself. In that event, you agree to pay the Fees, and you will pay all Fees in accordance with the billing terms that are then in effect.

(b) Payments from Wellthy to you
In certain circumstances (e.g., where a third party, such as your employer, seeks to reimburse you for services arranged by Wellthy), we may use a third party to initiate payments to you. In those circumstances, You expressly authorize Wellthy, Inc’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize Wellthy, Inc. to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

6. Privacy

In connection with your access to or use of the Services, we may obtain information from or about you. We will use your information in accordance with our Privacy Policy, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Policy. The Privacy Policy is incorporated into this Agreement and forms part of the Agreement. The Privacy Policy may be updated from time-to-time according to its terms, and shall apply to personal information collected and processed as a result of your access to and use of the Service and Wellthy Community.

7. Wellthy Community Rules

Posts made in Community will be available for any Sponsored Member--and Members they may add to their Care Projects--to view and respond to. Maintaining a respectful and supportive environment welcoming to all Members is important to Wellthy Community. Members of Wellthy Community are expected to conduct themselves in a way that fosters these goals. Member Content and comments that are off-topic (e.g. not care related or marketing personal goods or services), discourteous, impolite, or disparaging may be removed without notice by Wellthy and offending Members may be subject to suspension up to and including permanent removal from Wellthy Community in Wellthy’s sole discretion.

8. Right to Moderate and Restrict Access

Wellthy reserves the right to moderate Wellthy Community in any manner in its sole discretion. This includes the right of Wellthy (and Moderators) to modify, suspend, and terminate your access to and use of Wellthy Community in its sole discretion without cause or notice and to restrict and remove any content or materials contributed to Wellthy Community by you or others without exception.

9. Your Content

You shall retain ownership of the content you submit, provide, or otherwise contribute to Wellthy Community (your “Member Content”), however, you hereby grant Wellthy, its transferees, successors, and assigns, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to your Member Content, which license shall include without limitation the right to copy, modify, create derivative works from, distribute, publicly display, publicly perform, and transform your Member Content without any obligation of compensation or moral attribution.

10. Third-Party Content

Wellthy is not responsible for Third-Party content and materials, including links to any websites, products, and services (collectively, “Third-Party Content”) within Wellthy Community, and Wellthy hereby disclaims all liability relating to Third-Party Content.

11. Intellectual Property

Except as may be the intellectual property of Third Parties as described in Section 10, Wellthy or its licensors are the sole and exclusive owners of all rights, title, and interest in (i) The Service, its content, features, functionality, text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, Wellthy Content, and other content features and functionality that you see or read on the Service, and (ii) Wellthy Community, including, but not limited to, the Wellthy name and logo, trademarks, and all aspects of Wellthy Community software, its source code, and related documentation. The Wellthy Intellectual Property is protected by copyright, trademark, and other laws of both the United States and foreign countries. Wellthy Intellectual Property may not be used in connection with any product or service without the prior written consent of Wellthy.

12. Digital Millennium Copyright Act (DMCA)

Wellthy respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been violated, please provide Wellthy the following information at the contact information below:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please direct DMCA takedown notices to: Wellthy, Inc. Attn: Legal 300 West 57th Street, 33rd Floor New York, NY 10019

13. Third Parties

Our Service may recommend, coordinate services with and/or contain links to third party websites or services that are not owned, operated, or controlled by Wellthy ("Third Parties"). We do not have any control over, and assume no responsibility for, the content, privacy policies, offerings, actions, omissions or practices of any such Third Parties, and you access and use them at your own risk.

14. Google Places API Web Service

The Service makes use of the Google Places API Web Service. By using the site, you are bound by Google's Terms of Service.

15. Feedback

If you provide us any feedback or suggestions for improving or regarding your use of the Service ("Feedback"), you hereby assign to Wellthy all rights in the Feedback and agree that Wellthy shall have the right to use such Feedback and related information in any manner it deems appropriate. Wellthy will treat any Feedback you provide to Wellthy as non-confidential and non-proprietary.

16. Warranty Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

17. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE THE SERVICE TO YOU IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.

18. Arbitration

Any and all disputes between you and Wellthy arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly.

19. Indemnification

You agree to defend, indemnify, and hold harmless Wellthy, our licensees, licensors, and each of our and their respective owners, employees, contractors, agents, officers, directors, and legal representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees), whether brought by third parties or otherwise, resulting from or arising out of (a) your use of and access to the Service, by you or any person using your Account and password; (b) a breach of these Terms; and (c) your violation of any law or the rights of a third party.

20. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

21. Termination

This Agreement is effective until terminated by you or Wellthy.

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, without limitation, for any reason or no reason whatsoever, including but not limited to for a breach of the Terms.

22. Notices

Excluding DMCA takedown notices subject to the notification instructions set forth in Section 12, all notices required under these Terms shall be made to you at your email address then on file and to Wellthy at legal@wellthy.com.

23. Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its choice of law principles.

24. Severability

If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding.

25. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

26. Assignment

This Agreement is not assignable, transferable, or sublicensable by you without our prior written consent. We may assign or transfer this Agreement to a third party without your consent.

27. Headings

The section and paragraph headings contained in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

28. Agency

No agency, joint venture, partnership, or employment relationship is created as a result of this Agreement, and neither party has any authority to bind the other to any agreement.

29. Entire Agreement

This Agreement constitutes a single integrated contract expressing the entire agreement between you and Wellthy with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof.