TERMS AND CONDITIONS OF WELL GUIDED

Effective Date: February 1, 2025
Last Updated: February 21, 2025

Welcome to Well Guided, a mobile application owned and operated by Smudge Tech, Inc. ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access and use of the Well Guided mobile application, website, and any related services (collectively, the "Services").

By accessing or using the Services, you expressly acknowledge and agree to these Terms. If you do not agree, you must discontinue use immediately.

1. ACCEPTANCE OF TERMS

By using our Services, you confirm that:

You have read, understood, and agree to these Terms.
You are at least 18 years old or have legal parental/guardian consent.
You have the legal capacity to enter into a binding contract.

If you do not meet these conditions, you must not use our Services.

2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. If changes are material, we will provide notice via:

App notification, email, or website announcement.
Continued use of the Services after such notice constitutes acceptance of the revised Terms.

If you do not agree with the changes, you must discontinue use before the effective date of the updated Terms.

3. USE OF SERVICES

3.1 Permitted Use

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.

3.2 Prohibited Conduct

You must not:

Use the Services in a manner that violates any laws, regulations, or third-party rights.
Reverse engineer, decompile, or attempt to extract the app’s source code.
Scrape, data mine, or attempt unauthorized access.
Harass, threaten, or violate the privacy of other users.

We reserve the right to suspend or terminate accounts violating these rules.

4. MOBILE APP-SPECIFIC TERMS

The Well Guided app may require access to your camera, microphone, location, and storage for specific features.
You may receive push notifications, which you can manage in your device settings.
Internet connection required: Data charges from your carrier may apply.

5. INTELLECTUAL PROPERTY

All content, including text, graphics, software, and trademarks, is owned or licensed by Smudge Tech, Inc.
You may not copy, modify, distribute, or create derivative works without written permission.

6. USER CONTENT

6.1 Ownership & License

You retain ownership of any content you submit (e.g., comments, uploads).
By submitting content, you grant Well Guided a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content.

6.2 Restrictions on User Content

You must not submit content that is:

Illegal, defamatory, obscene, infringing, or misleading.
Harmful, threatening, or abusive.
Spam, promotional, or deceptive.

We reserve the right to remove any content violating these guidelines.

7. PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which outlines how we collect, store, and protect your data. You must review our Privacy Policy before using the Services.

8. PAYMENT & REFUND POLICY

Certain features may require one-time purchases, in-app transactions, or subscriptions.
All payments are non-refundable unless otherwise stated.
Subscriptions auto-renew unless canceled before the next billing cycle.
We reserve the right to adjust pricing, with notice provided to affected users.

9. THIRD-PARTY SERVICES & LINKS

Well Guided may integrate with third-party services (e.g., analytics, payment processors).
We do not control third-party content, policies, or practices.
Your interactions with third parties are at your own risk.

10. DISCLAIMERS & LIMITATION OF LIABILITY

10.1 No Medical, Psychological, or Financial Advice

Well Guided does not provide medical, psychological, or financial advice.
The Services are for informational and wellness purposes only.

10.2 No Warranties

The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, including but not limited to:

Merchantability
Fitness for a particular purpose
Non-infringement

We do not guarantee uninterrupted, error-free, or completely secure Services.

10.3 Limitation of Liability

To the maximum extent permitted by law, Smudge Tech, Inc. is not liable for:

Direct, indirect, incidental, or consequential damages.
Loss of data, profits, or business interruptions.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Smudge Tech, Inc. from any claims, losses, or damages arising from:

Your use of the Services.
Your violation of these Terms.
Any third-party claims related to your content or conduct.

12. TERMINATION

We may suspend or terminate your access at any time, with or without cause. Upon termination:

You must stop using the Services immediately.
Any rights or obligations under these Terms that should survive (e.g., indemnity, IP rights) will remain in effect.

13. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Any disputes shall be resolved through binding arbitration in San Francisco, CA, under the American Arbitration Association (AAA) rules.

13.1 No Class Actions

All claims must be brought individually. You waive any right to participate in a class action lawsuit.

14. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force.

15. FORCE MAJEURE

We are not responsible for delays or failures caused by events beyond our control, including but not limited to:

Natural disasters
Cyber-attacks
Government actions
Internet or service disruptions

16. CONTACT INFORMATION

For any questions regarding these Terms, please contact us:
support@wellguidedapp.com