Terms of Service

Welling PLLC is a professional practice that delivers clinician-led metabolic care, including where appropriate telehealth visits, messaging, and prescribing decisions made by licensed independent clinicians. The App is a companion tool for education, meal logging, coaching-style prompts, and care coordination—it is not a substitute for an in-person evaluation when your clinician tells you one is required.

Depending on your plan, services may include access to certain protocols, asynchronous communication, fulfillment coordination with pharmacies, and other features described at intake or in your care plan. Features vary by program and clinician judgment; we do not guarantee availability of any specific medication, dose, or delivery timeline.

Except where a clinician-patient relationship is expressly formed through Welling’s intake and consent flows, use of the App alone does not create a treatment relationship. Always follow instructions from your treating clinician and seek urgent or emergency care when appropriate.

You must be at least 18 years old, reside in the United States, and use the App and services only in states where Welling is permitted to offer them. You agree that all registration and health information you provide is accurate and complete to the best of your knowledge, and that you will update it when it changes.

You may not use the App on behalf of another adult without their informed participation and consent as required by our intake process, and you may not share your account credentials. We may refuse or discontinue service if eligibility requirements are not met or if continued care would be unsafe or unlawful.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at legal@wellinghealth.com if you suspect unauthorized access.

You agree not to circumvent technical protections, probe systems in ways that could harm Welling or other users, or use the App for any purpose other than your personal, non-commercial care journey unless we expressly authorize otherwise in writing.

Clinical care through Welling is provided by licensed professionals exercising independent medical judgment. The following describes how that care generally works; your clinician may give you additional instructions that control if they conflict with general App messaging.

4.1 Telehealth, asynchronous care, and limits

• Care may be delivered via telehealth (for example, video or phone) and secure messaging, including asynchronous review when clinically appropriate.
• The App and telehealth services are not for emergencies. If you believe you are experiencing an emergency, call 911 or go to the nearest emergency department.
• You agree to provide truthful information, participate honestly in assessments, and promptly report new symptoms, pregnancy, or changes in other medications or supplements.
• You remain responsible for maintaining a relationship with a local clinician when recommended, and for obtaining in-person care when your Welling clinician advises it.

If connectivity, technology, or other limitations prevent a safe evaluation, your clinician may decline to prescribe or may refer you elsewhere.

4.2 Clinician judgment and prescriptions

Medications, doses, titrations, and refills are prescribed only when a licensed clinician determines they are medically appropriate. Welling does not guarantee that any prescription will be issued, continued, or renewed. Prescribing is subject to federal and state law, pharmacy acceptance, and clinical standards.

4.3 Pharmacy, compounding, and fulfillment

When a prescription is issued, it may be transmitted to a licensed pharmacy or compounding facility that is independent of Welling for dispensing and shipping. You agree to comply with pharmacy terms, signature requirements, and cold-chain or handling instructions. Any estimated shipping timelines are estimates only.

4.4 Labs, monitoring, and follow-up

Your clinician may order laboratory tests or monitoring consistent with your protocol. You are responsible for completing ordered testing in the timeframe requested and for sharing results through the channels we provide. Failure to complete reasonable monitoring may result in pausing or ending prescriptions for your safety.

4.5 Care transitions and discontinuation

You may discontinue care at any time, but doing so may affect access to prescriptions or certain App features. Welling may transition you to another qualified clinician when necessary for continuity, coverage, or compliance. If care ends, you remain responsible for obtaining records and follow-up care from other providers as needed.

Welling’s fees and medication-related charges are cash-pay and quoted outside of insurance billing. Welling does NOT discount its professional fees or medication prices against insurance, Medicare, Medicaid, TRICARE, or any third-party payor fee schedule, “usual and customary” benchmark, or similar measure. Engagement rewards described in the App (for example, streak-based savings on eligible orders) are promotional benefits for using Welling’s services—they are not insurance discounts, claims adjudication, or coordination of benefits.

5.1 Fees and inclusions

• Your checkout or care agreement lists the fees for your selected protocol, membership, or bundle, and what is included for the stated term.
• Professional services may include telehealth visits, asynchronous review, and secure messaging within the scope of your plan.
• Medication and supply charges, when applicable, are separate from professional fees unless expressly bundled in writing.
• Shipping, expedited handling, or ancillary fees may apply and will be disclosed before you authorize payment when required by law.

5.2 Streak reward tiers (App engagement)

• Every day you log a meal in the Welling App builds your streak. At 10 consecutive qualifying days, you may unlock 10% off an eligible next order as described in the App.
• At 20 consecutive qualifying days, you may unlock 20% off.
• At 30 consecutive qualifying days, you may unlock 30% off.

A maximum combined discount of 35% applies across all loyalty tiers and promotional bonuses. Streak-based savings apply to eligible orders as described in the App at the time of redemption. Discounts reset if a streak is broken and must be re-earned. Pricing tiers and discount amounts may change with reasonable notice.

5.3 Payment authorization

You authorize Welling and its payment processors to charge your selected payment method for authorized amounts, including recurring charges where you enroll in a subscription or payment plan. If a payment fails, we may suspend services until the balance is resolved.

5.4 Taxes, chargebacks, and pricing changes

You are responsible for applicable taxes unless stated otherwise. Misuse of chargebacks may result in account closure. We may adjust published prices prospectively; material changes to subscription pricing will be communicated as described in Section 16.

You may share the App’s public download links or referral tools we provide, but you may not misrepresent Welling’s services, outcomes, or pricing. Any referral incentives are governed by the terms presented in the App at the time of the promotion.

Certain App features may use automated or AI-assisted responses to help you log meals, reflect on habits, or surface educational content. These outputs are informational only, may be incorrect or incomplete, and are not a substitute for personalized medical advice from your clinician.

Do not enter sensitive information you are uncomfortable processing through vendors that power AI features. Your use of AI coaching is subject to our Privacy Policy and any in-product disclosures.

We collect, use, and share personal and health information as described in our Privacy Policy. By using the App or receiving care, you acknowledge that electronic communications and records will be used as part of your treatment and operations.

You can review the current Privacy Policy at any time at wellinghealth.com/privacy.

For privacy-specific requests (including certain access or deletion inquiries where applicable), contact privacy@wellinghealth.com. For general legal notices related to these Terms, contact legal@wellinghealth.com.

We implement reasonable safeguards appropriate to the sensitivity of health information. No system is perfectly secure; you agree to use strong passwords, keep devices updated, and protect access to the App.

If you believe your information has been improperly shared or accessed, notify us promptly so we can investigate and meet our regulatory obligations.

You agree not to:

• Use the App or services for any unlawful purpose.
• Misrepresent your identity, eligibility, symptoms, or medical history.
• Divert, resell, or attempt to commercialize prescriptions or medications obtained through Welling.
• Harass, threaten, or abuse clinicians, staff, or other users; or send unsolicited bulk messages through Welling systems.
• Reverse engineer, scrape, or attempt to extract models, datasets, or non-public APIs except to the limited extent permitted by law.
• Interfere with the integrity or performance of the App or underlying infrastructure.
• Upload malware, attempt unauthorized access, or probe vulnerabilities outside coordinated disclosure programs we authorize.
• Use the App in any way that could harm you or others when a reasonable person would know it is unsafe.

The App, branding, text, graphics, and underlying software are owned by Welling or our licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the App for personal use in connection with your care.

Feedback you provide may be used to improve our services without obligation to you, except where prohibited by law.

Except as expressly stated in a signed writing by Welling, services are provided on an “AS IS” and “AS AVAILABLE” basis to the maximum extent permitted by law. We do not guarantee specific weight outcomes, lab values, or side-effect profiles.

Third-party services (including pharmacies, labs, and carriers) are independent contractors for their respective scopes of work; their failures or delays may affect your experience but do not automatically create liability for Welling except as these Terms otherwise provide.

To the fullest extent permitted by Washington law and applicable federal law, Welling and its owners, clinicians (solely in their administrative capacity here), employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, arising from your use of the App or services—even if we have been advised of the possibility.

To the extent permitted by law, our aggregate liability arising out of or relating to these Terms or the services for all claims in the aggregate will not exceed the greater of (a) the amounts you paid to Welling for the services giving rise to the claim during the three (3) months before the event, or (b) two hundred fifty dollars (USD $250).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the minimum extent permitted by law. Nothing in these Terms limits liability that cannot be limited by law.

You agree to indemnify, defend, and hold harmless Welling and its personnel from and against any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your misuse of the App or services, your breach of these Terms, or your violation of applicable law—except to the extent caused by Welling’s willful misconduct as finally determined by a court of competent jurisdiction.

You may stop using the App and may request care discontinuation consistent with safe tapering and pharmacy rules. Certain records retention obligations may require us to retain information even after closure.

We may suspend or terminate access to the App or services if you violate these Terms, create safety risks, or if we must comply with law or licensing requirements. Written questions about termination may be sent to legal@wellinghealth.com.

Most concerns can be resolved informally. If a dispute arises, you and Welling agree to the following process and terms, except where prohibited by law.

15.1 Informal resolution

Before filing a claim, you agree to contact legal@wellinghealth.com with a brief description of the dispute and the relief you seek. We will attempt in good faith to resolve the matter within thirty (30) days.

15.2 Binding arbitration

If informal resolution fails, either party may elect binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Section. The seat of arbitration will be Tacoma, Washington (or another mutually agreed location). The arbitrator may award relief only on an individual basis.

15.3 Small claims court

Either party may bring an individual action in small claims court in Pierce County, Washington (or the county of your residence if permitted by the court’s rules), provided the matter remains in that court and seeks only relief available there.

15.4 Class action waiver

To the fullest extent permitted by law, you and Welling waive any right to participate as a plaintiff or class member in any purported class, collective, or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim must proceed in court, and the parties agree to jurisdiction and venue in the state or federal courts located in Pierce County, Washington.

We may update these Terms from time to time. We will post the updated Terms in the App or on our website and update the effective date. If we make material changes, we will provide additional notice as required by law (which may include email or an in-app alert). Your continued use of the App after the effective date of changes constitutes acceptance unless applicable law requires express consent.

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration to the extent it applies.

You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets.

If any provision is held invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver. Headings are for convenience only. These Terms, together with the Privacy Policy and any signed care or payment agreements, constitute the entire agreement between you and Welling regarding the App and services described here.

Regulatory contacts:

• Washington Attorney General (privacy): www.atg.wa.gov
• U.S. Department of Health and Human Services (HIPAA): www.hhs.gov/ocr
• Your state Attorney General