Welbi Terms of Service
Date of last update: May X, 2020
Terms Of Service
Welbi Technologies Inc. (“Welbi”) develops and distributes software tools that help care home residents stay connected and keep family, friends, and other caretakers updated with information related to their well-being. These Terms of Service (“Terms”) govern your use of our mobile applications, our websites, including welbi.co, the Welbi software, memberships and other Welbi services (collectively, the “Welbi Service”).
You must accept these Terms to create a Welbi account and to use the Welbi Service. By using and visiting this welbi.co website (https://www.welbi.co) or the Welbi Service then you are agreeing to these Terms. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WELBI.CO, OR USE THE WELBI SERVICE.
These Terms May Change
These Terms may change or be updated over time. If we make minor changes to the Terms without materially changing your rights or obligations, we will post the modified Terms on welbi.co. We will notify you by email, through the Welbi Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights or obligations. When you use the Welbi Service after a modification is posted, you are telling us that you accept the modified Terms.
If you are using the Welbi Service on behalf of a retirement home or other similar organization, such organization is solely responsible for obtaining consent to collect, use and disclose Residents’ and Family Members’ personal information and/or personal health information as may be required by law. You represent and warrant to Welbi that you have consent to collect and use any personal information uploaded to the Welbi Service.
Who Can Use Welbi?
The Welbi Services are designed to be used by residents (“Residents”) and employees of care homes or other facilities that are clients of Welbi (“Recreation Staff”), as well as friends and family members of Residents (“Family Members”).
You may use the Welbi Service if you are over 13 years of age and are not barred from receiving our services under applicable law.
Certain features of the Welbi Service may require a paid subscription.
Creating an Account
Full use of the Welbi Service requires that you create an account (“Account”) by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your Account. Welbi is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account credentials.
Family Members who register for an Account to use the Welbi Service can receive certain information that the Resident permits to be transmitted to the authorized Family Members, provided everyone has a Welbi Account and has complied with Welbi’s Terms.
We may need to contact you about your use of the Welbi Service. These communications are part of the Welbi Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Posting Your Content On The Welbi Service
[Welbi can use photos, logs, etc. that you post to the site free of charge. By posting content to Welbi, you are telling Welbi you have all rights necessary to grant Welbi a license over it. Anything you post that goes against Welbi’s community guidelines can compromise your account and may be removed.]
You may post your photos, comments, and other content (“Your Content”) to the Welbi Service. You retain all rights to Your Content that you post to the Welbi Service. By making Your Content available on or through the Welbi Service you grant to Welbi a non-exclusive, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Welbi Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Welbi Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
- Be respectful of others. The Welbi Service is designed to help people keep an eye on those they care about and nothing else. Any activity that could be reasonably construed as coercion or harassment will not be tolerated. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- Do not post profane or explicit content. Do not post pictures that might be considered inappropriate. Do not post communications that could be interpreted as threatening or harassing. Do not post, advertise, or promote products or services commercially.
[Welbi retains all of the IP rights it has developed.]
“Welbi Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Welbi Service to you. Except for Your Content, Welbi Content, the Welbi Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and/or other laws of Canada and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Welbi Service. Welbi is not responsible or liable in any way for your misuse of a 3rd party’s IP.
If you provide Welbi with any suggestions, comments or other feedback relating to any aspect of the Services (“Feedback”), Welbi may use such Feedback in the Website, Service or in any other Welbi products or services (collectively, “Welbi Offerings”). Accordingly, you agree that: (a) Welbi is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Welbi; (c) Welbi (including all of its successors and assigns and any successors and assigns of any of the Welbi Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Welbi Offerings; and (d) you are not entitled to receive any compensation or re-imbursement of any kind from 7shifts or any of the other users of the Website in respect of the Feedback.
What You Can Do On The Welbi Service
The Welbi Service is intended for your personal, non-commercial use.
Welbi grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (a) access and view the Welbi Content and (b) access and use the software and mobile applications provided by the Welbi Service. Unless you enter into an enterprise licensed agreement with Welbi, this license is provided solely for your personal use and enjoyment of the Welbi Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Welbi Content, Welbi Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Welbi or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The Welbi Service
[Basically, don’t try to hack into or pirate Welbi’s services.]
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Welbi Service:
(a) use, display, mirror or frame the Welbi Service or any individual element within the Welbi Service, Welbi’s name, any Welbi trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Welbi’s express written consent;
(b) access or tamper with non-public areas of the Welbi Service, Welbi’s computer systems, or the technical delivery systems of Welbi’s providers;
(c) test the vulnerability of any Welbi system or breach any security or authentication measures;
(d) circumvent any technological measure implemented by Welbi or any of Welbi’s providers or any other third party (including another user) to protect the Welbi Service or Welbi Content;
(e) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Welbi provides to you or any other part of the Welbi Service.
Our Enforcement Rights
[Welbi has the right to look and see if you’re breaking this agreement. If you are, Welbi can disable your access. Also, Welbi may disclose your information if someone presents a court-approved order for it.]
We are not obligated to monitor access or use of the Welbi Service, Welbi Content, or Your Content or to review or edit any Welbi Content or Your Content, but we have the right to do so for the purpose of operating the Welbi Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities. Pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Welbi Service, any Welbi Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Welbi Content, Your Content, or your use of the Welbi Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Welbi Service.
Use The Welbi Service At Your Own Risk
Our goal is to provide helpful and accurate information on the Welbi Service, but we make no endorsement, representation or warranty of any kind about any Welbi Content, information, services or recommendations. The accuracy of the data collected and presented through the Welbi Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Welbi Service, nor for any false or inaccurate alerts through the Welbi Service. If you rely on any Welbi Content or the Welbi Service, you do so solely at your own risk.
We are not responsible for any problems or technical malfunction of any telephone network or lines, wireless connections, mobile or cloud services, computer online systems, servers or providers, computer equipment, software, or failure of email or other communication, or any combination of these or other factors.
We are not responsible for any death or injury as a result of the Welbi Service. If you have any health-related concerns, immediately contact your health care professional.
Consult Your Doctor Before Using The Welbi Service
The Welbi Service is not intended to diagnose, treat, cure, or prevent any disease. The Welbi Service is for informational purposes only, and we recommend that you consult a medical professional. If you have a medical or heart condition, consult your doctor before using the Welbi Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Welbi Service and consult with a medical professional immediately. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Welbi Service. If you engage in any exercise program you receive or learn about through the Welbi Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Welbi respects copyright law and expects its users to do the same. It is Welbi’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.
You Agree to Receive Alerts And Notifications
As part of your use of the Welbi Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The Welbi Service
The Welbi Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Welbi’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services. Please consult the service-specific terms of any Third-Party Services, as you may be bound by them.
Linking your Welbi Account to Third-Party Services
Changes To The Welbi Service
Welbi may change or discontinue, temporarily or permanently, any feature or component of the Welbi Service at any time without notice. Welbi is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Welbi Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Welbi products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the Welbi Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Welbi Service; Welbi’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The Welbi Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE WELBI SERVICE AND WELBI CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WELBI SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF ANY THIRD-PARTY DATA. YOU WILL NOT HOLD WELBI LIABLE FOR ANY FAILURE OF THE APPLICATION OR SERVICES OR FOR ANY LOSS OF DATA. We make no warranty or condition that the Welbi Service or Welbi Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty or condition regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Welbi Service or any Welbi Content. You acknowledge and agree that if you rely on any Welbi Content or the Welbi Service, you do so solely at your own risk.
You will indemnify and hold harmless Welbi and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (a) your access to or use of the Welbi Service, (b) Your Content, or (c) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER WELBI, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WELBI SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WELBI SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WELBI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL WELBI’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WELBI SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO WELBI FOR USE OF THE WELBI SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WELBI, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WELBI AND YOU.
[Welbi will make commercially reasonable efforts to address your dispute informally. If that doesn’t work, any legal proceedings will be governed by the laws of Ontario.]
You agree that any dispute between you and Welbi arising out of or relating to these Terms of Service, the Welbi Service, or any other Welbi products or services (collectively, “Disputes”) will be governed by the procedure outlined below.
Governing Law: The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Welbi, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Welbi may bring a formal proceeding.
[These Terms constitute the entire and exclusive understanding and agreement between Welbi and the user. They bind Welbi and the user, no one else. Welbi’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.]
Except as otherwise stated herein, these Terms supersede and replace any and all prior oral or written understandings or agreements between Welbi and you regarding the Welbi Service and Welbi Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Welbi’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Welbi may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Welbi under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Welbi Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Welbi’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Welbi. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
The parties confirm having requested that these Terms of Service, related documents, and all notices or other communications relating to them be drawn-up in the English language only. Les parties aux présentes confirment avoir requis que ces conditions de service ainsi que tous les avis et autres communications s’y rapportant soient rédigés en langue anglaise seulement.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
+1 (514) 894-6492
7 Bayview Rd, Ottawa ON