Legal Terms of Service

1. Introduction

‍Welcome to Welly, an AI-powered wellness coach provided by Amplifier Health ("Amplifier," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of Welly, including all related services, platforms, and content (collectively, the "Service"). By accessing or using the Service, you ("you" or "User") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

‍2. Acceptance of Terms

‍These Terms constitute a legally binding agreement between you and Amplifier. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.We may modify these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website or through other reasonable means. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check these Terms periodically for updates.

‍3. Description of Service

‍Welly is an AI-driven conversational platform designed to provide wellness coaching and support. The Service is intended to promote general wellness and facilitate communication related to health and wellness goals.

- Important Disclaimers:Not Medical Advice: Welly is not a substitute for professional medical advice, diagnosis, or treatment. The Service does not provide medical diagnoses, treatment recommendations, or prescriptions. Always consult with a qualified healthcare professional for any health concerns or before making any decisions related to your health or treatment.

- Informational Purposes Only: The information provided by Welly is for informational and educational purposes only. It is not intended to be a substitute for the advice of a healthcare professional.

- User Responsibility: You are solely responsible for your interactions with Welly and for any decisions you make based on the information provided.

- Service Limitations: Welly's capabilities are limited to its programming. The Service may not be able to address all user inquiries or provide advice on all wellness-related topics.

‍4. User Eligibility and AccountAge Requirement:

You must be at least 18 years of age to access or use the Service. By accessing or using the Service, you represent and warrant that you are 18 years of age or older.

- Account Creation: You may be required to create an account to access certain features of the Service. You agree to provide accurate, complete, and current information during the account registration process and to update such information to keep it accurate, complete, and current.

- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not responsible for any loss or damage arising from your failure to safeguard your account credentials.

- Account Termination: We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including, but not limited to, a breach of these Terms.

‍5. User Conduct

‍You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:In any way that violates any applicable federal, state, local, or international law or regulation.To engage in any activity that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.To interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, or to violate any requirements, procedures, policies, or regulations of networks.To attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.To transmit or distribute any viruses, worms, Trojan horses, or other harmful or destructive code.To collect or store personal information about other users without their consent.To modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of any part of the Service.

‍6. Data Collection, Use, and Privacy

‍Amplifier is committed to protecting your privacy. This section outlines our practices regarding the collection, use, and disclosure of your data. Our Privacy Policy, which is incorporated into these Terms, provides additional details.

‍Data Collected:

- Audio Recordings: The Service records and stores audio recordings of your interactions with Welly. This includes voice input, responses from Welly, and any other sounds captured during the interaction.

- Metadata: We collect metadata associated with your use of the Service, such as the date and time of interactions, the duration of interactions, device information, and technical data.

- Profile Information: We collect any information you provide when creating an account or interacting with Welly, such as your name, contact information, health and wellness goals, and other personal information.

- Interaction Data: We collect data related to your interactions with Welly, including the questions you ask, the responses you provide, and your feedback on the Service.

‍Use of Data:

- Service Provision: We use your data to provide you with the Welly service, including personalized coaching, responses to your inquiries, and other features.

- LAM Training and Improvement: A primary purpose for collecting and retaining audio recordings is to train, develop, and improve our Large Acoustic Models (LAMs). This includes using recordings to:Enhance the accuracy, reliability, and performance of our LAMs.Expand the range of conditions and health metrics that our LAMs can detect.Improve the ability of our LAMs to process and understand diverse speech patterns and acoustic variations.

- Research and Development: We may use your data, including audio recordings, for research and development purposes related to improving our technology and developing new features and applications.

- Quality Assurance: We may use audio recordings to monitor and improve the quality of the Service, including evaluating the performance of Welly and our AI algorithms.

- Personalization: We use your data to personalize your experience with Welly, providing tailored content and recommendations.

- Communication: We may use your data to communicate with you, such as sending you updates, notifications, and other information related to the Service.

- Compliance: We may use your data to comply with applicable laws, regulations, legal processes, or enforceable governmental requests.
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Data Sharing:

- Service Providers: We may share your data with third-party service providers who assist us in providing and maintaining the Service, such as hosting providers, data processors, and analytics providers. These service providers are contractually obligated to protect your data and use it only for the purposes we specify.

- Research Partners: We may share anonymized or de-identified data, including audio data that has been processed to remove personally identifiable information, with research partners for scientific research and development purposes.

- Legal Compliance: We may disclose your data if required to do so by law or in response to valid legal process, such as a court order or subpoena.

- Business Transactions: In the event of a merger, acquisition, or sale of all or a portion of our assets, your data may be transferred as part of the transaction. We will notify you of any such change in ownership or control of your data.

‍Data Retention:* We will retain your data, including audio recordings, for as long as necessary to provide you with the Service, fulfill the purposes outlined in this Privacy Policy, and comply with our legal obligations.* Audio recordings used for LAM training and research and development may be retained for an extended period to facilitate ongoing model improvement and long-term research goals. We will implement reasonable measures to protect the privacy of these recordings, such as de-identification or aggregation, where feasible.

‍Data Security:We implement reasonable and appropriate technical and organizational security measures to protect your data from unauthorized access, use, or disclosure. These measures include, but are not limited to, encryption, firewalls, access controls, and regular security assessments.However, no method of transmission over the internet or method of electronic storage is completely secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee its absolute security.

‍Your Rights:You may have certain rights regarding your data, depending on your jurisdiction, including the right to:

- Access: Request access to the personal data we hold about you.
- Correction: Request that we correct any inaccurate or incomplete data.
- Deletion: Request that we delete your data.
- Objection: Object to the processing of your data.
- Restriction: Request that we restrict the processing of your data.
- Portability: Receive your data in a portable format.
- Withdraw Consent: Withdraw your consent to the processing of your data, where applicable.

To exercise these rights, please contact us using the information provided in Section 11. We will respond to your request in accordance with applicable law.

‍International Data Transfers:* Your data may be transferred to and processed in countries other than your country of residence. These countries may have data protection laws that are different from the laws of your country.* We will take appropriate safeguards to ensure that your data remains protected when it is transferred internationally, such as relying on Standard Contractual Clauses or other approved transfer mechanisms.Consent to

Data Use:You expressly consent to the collection, use, storage, and processing of your data, including audio recordings, as described in this Privacy Policy. You specifically acknowledge and agree that audio recordings of your interactions with Welly will be retained and used for the purposes of providing the Service, training and improving our LAMs, research and development, and quality assurance.

If you do not consent to the collection, use, and storage of your data, including audio recordings, you may not access or use the Service.

7. Intellectual Property

‍The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Amplifier and its licensors. The Service is 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 service without the prior written consent of Amplifier.

‍User Content:Users retain ownership of their audio recordings.By using the service, you grant Amplifier a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your audio recordings (and any associated metadata) in connection with:Providing and improving the Service.Training, developing, and enhancing our LAMs.Conducting research and development.Ensuring quality assurance.Complying with applicable laws and regulations.You represent and warrant that you have the right to grant this license and that your audio recordings do not infringe the intellectual property rights of any third party.

‍8. Disclaimer of Warranties

‍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, AND NON-INFRINGEMENT.AMPLIFIER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.AMPLIFIER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION OR CONTENT PROVIDED BY THE SERVICE, INCLUDING ANY OUTPUT OR RECOMMENDATIONS GENERATED BY WELLY.

‍9. Limitation of Liability

‍TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMPLIFIER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPLIFIER'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AMPLIFIER.

‍10. Indemnification

‍You agree to indemnify, defend, and hold harmless Amplifier, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, your interactions with other users, and your infringement of any intellectual property or other right of any person or entity.

‍11. Governing Law and Dispute Resolution

‍These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of [State of Incorporation/Principal Place of Business], without regard to its conflict of laws principles.Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in [City, State of Incorporation/Principal Place of Business], and you consent to the exclusive jurisdiction of such courts.

‍12. Termination

‍We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with your account.You may also terminate your use of the Service at any time by ceasing to access or use the Service.The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, Sections 4, 6, 7, 8, 9, 10, 11, and 13.

‍13. General Provisions

Entire Agreement:

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Amplifier relating to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

‍Waiver: No waiver by Amplifier of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

‍Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

‍Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms, in whole or in part, without your consent.

‍Force Majeure: We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

‍Contact Information: If you have any questions about these Terms, please contact us at:

Amplifier Health Inc.

251 Little Falls DrWilmington, Delaware 19808-1674
United States of America
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info@amplifierhealth.com




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