Terms of Service

OVERVIEW

Welcome to welltail! The terms “we”, “us” and “our” refer to welltail. welltail operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). welltail is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”) together with any policies referenced herein describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing products or services, you may be asked to provide certain information (e.g., email, billing, payment, shipping). You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We strive to present products and services accurately. However, colors or appearance may vary due to your device and settings. We do not warrant that appearance or quality will meet your expectations or match images in every case.

All product descriptions are subject to change at any time without notice. We may discontinue any product at any time and may limit quantities offered to any person, region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase. welltail may accept or decline your order at its discretion. Your order is accepted only when we confirm acceptance, and we must receive and process your payment before acceptance. Review orders carefully before submitting; we may be unable to accommodate cancellation requests after acceptance. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided at checkout.

Your purchases are subject to our Refund Policy [LINK]. You represent and warrant that purchases are for personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged is the price in effect at the time of order and appears in your order confirmation email. Unless stated otherwise, prices exclude taxes, shipping, handling, customs and import charges.

Prices in our online store may differ from other channels. Promotions may be governed by separate terms; if there is a conflict, promotion terms control.

You agree to provide current, complete and accurate purchase, payment and account information and to promptly update them (e.g., email, card numbers, expiration dates) so we can complete transactions and contact you as needed. You represent and warrant that you are authorized to use the payment method and will pay all charges at posted prices, including applicable taxes and fees.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you upon transfer to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

All content and materials on the Services (including trademarks, text, images, graphics, video, audio, design and layout) are owned by welltail, its affiliates or licensors and are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any materials without our prior written consent. Except as expressly provided, nothing grants you any license or rights under any patent, trademark, copyright, or other IP of welltail, Shopify, or third parties. All rights not expressly granted are reserved.

welltail names, logos, product/service names, designs, and slogans are trademarks of welltail or its affiliates/licensors. Do not use them without prior written permission. Shopify’s marks are trademarks of Shopify. Other marks belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may access third-party tools provided as part of the Services, which we do not monitor or control. These tools are provided “as is” and “as available” without warranties or endorsements. Use is at your own risk and subject to the third party’s terms.

We may offer new features in the future; such features will be part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to third-party websites or functionality. We are not responsible for examining or evaluating third-party content or accuracy. Accessing third-party sites is at your own risk, and we are not liable for any related harm or damages. Review third-party policies and practices before engaging in transactions. Direct complaints or questions regarding third-party products/services to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

welltail is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with welltail. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and welltail, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with welltail.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may be subject to Shopify’s privacy practices. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information submitted through the Services may be transmitted to Shopify and third parties (which may be located in other countries) to provide services to you. See our Privacy Policy [LINK] for details.

SECTION 11 - FEEDBACK

If you submit any ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes.

You represent and warrant that you own or have rights to the Feedback, have disclosed any compensation/incentives, and that your Feedback complies with these Terms. We have no obligation to maintain Feedback in confidence, compensate you, or respond. We may monitor, edit, or remove Feedback we deem objectionable or violative of rights or these Terms.

You agree your Feedback will not violate third-party rights or include unlawful/abusive/obscene material or malware. Do not mislead us or others as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information on the Services may contain errors or omissions (e.g., descriptions, pricing, promotions, offers, shipping charges, transit times, availability). We reserve the right to correct or update information and cancel orders if information is inaccurate, at any time without notice (including after an order is submitted).

SECTION 13 - PROHIBITED USES

Use the Services only for lawful purposes. You may not use the Services to: violate laws; infringe IP rights; harass, defame, or harm others; transmit false or misleading information; upload non-compliant material; send unsolicited promotions; impersonate others; or engage in conduct that restricts or inhibits others’ use or exposes them to liability.

You also agree not to: upload malware; reproduce or exploit the Services; collect or track others’ personal information; spam/phish/pharm/pretext/spider/crawl/scrape; or interfere with security features. We may suspend, disable, or terminate accounts for violations.

SECTION 14 - TERMINATION

We may terminate these Terms or your access to the Services at any time in our sole discretion without notice. You remain liable for amounts due up to and including the date of termination. Sections intended to survive termination will continue in effect.

SECTION 15 - DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee uninterrupted, timely, secure, or error-free use. Some jurisdictions do not allow certain disclaimers; these may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL welltail OR OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS (OR SHOPIFY AND ITS AFFILIATES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING LOST PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS) ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, OR ANY CONTENT MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS LIMIT SUCH EXCLUSIONS; PORTIONS MAY NOT APPLY TO YOU.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless welltail, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys’ fees arising out of your (1) breach of these Terms or referenced documents; (2) violation of law or third-party rights; or (3) access to or use of the Services. We may control the defense and settlement (at your expense). You will cooperate in the defense.

SECTION 18 - SEVERABILITY

If any provision is unlawful, void, or unenforceable, it shall be enforced to the maximum extent permitted, and the remainder will remain in effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any right or provision is not a waiver. These Terms and policies posted on the Services constitute the entire agreement between you and us, superseding prior agreements. Ambiguities are not construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not assign or transfer these Terms without our prior written consent. We may assign or delegate these Terms without consent or notice.

SECTION 21 - GOVERNING LAW

These Terms and any separate agreements for Services are governed by and construed in accordance with the laws and courts of the jurisdiction where welltail is headquartered. You and welltail consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS

Headings are for convenience only and do not limit these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We may update, change, or replace any part of the Terms by posting updates to the website. It is your responsibility to check for changes. We will provide notice of material changes as required by law. Continued use after changes constitutes acceptance.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service: info@getwelltail.com.