TERMS OF SERVICE

These Terms of Service govern access to and use of WellSeek PBC’s (“WellSeek,” “we,” “us,” or “our”) website, programs, products, and services (collectively, “Offerings”). By using our Offerings, you agree to these Terms of Service, our Privacy Policy, and any additional policies referenced herein. If you have questions, please contact us.

WellSeek’s Services and Disclaimer

WellSeek is a public benefit corporation that supports organizations and communities in strengthening emotional sustainability, relational well‑being, and human‑centered leadership. We provide non‑clinical programs, organizational development, community‑driven practice, educational content, and cultural tools — including our beWELL programs — designed to help people and teams cultivate healthier environments.

Our Offerings are educational, relational, and organizational in nature. They are not medical, therapeutic, or clinical services.

WellSeek does not:

  • provide medical or mental health treatment

  • offer diagnosis or therapy

  • connect users to licensed healthcare professionals

  • operate as a health or wellness provider

Any information shared through our programs, workshops, talks, advisory services, or digital content is intended for learning, reflection, and organizational development. It is not a substitute for professional medical advice. Always consult a qualified healthcare provider regarding personal health concerns.

You assume all risks associated with relying on information provided through WellSeek’s Offerings.

Acceptance of Terms of Service

By accessing or using our Offerings, you agree to be bound by these Terms of Service and any policies referenced herein. Continued use after updates constitutes acceptance of revised terms.

Using Our Offerings

You may use our Offerings only in compliance with applicable laws and these Terms. You represent that you are either:

  • at least 18 years old, or

  • at least 13 years old with parental or guardian supervision

We may refuse access to any person or entity at our discretion.

Activating An Account

To access certain Offerings, you may need to create an account. You agree to:

  • provide accurate and complete information

  • maintain the confidentiality of your login credentials

  • notify us of unauthorized access or security concerns

You are responsible for all activity under your account.

Content

“Content” includes information, text, images, videos, audio, written materials, graphics, and other materials accessible through our Offerings.

a. WellSeek Content

Content provided by WellSeek, our partners, or our users is protected by intellectual property laws. You may use Content solely for personal or organizational use within the scope of our Offerings.

b. User Content

You retain ownership of any content you submit. By submitting content, you grant WellSeek a license to use, store, display, and distribute it as necessary to operate our Offerings. You represent that your content is accurate and lawful.

Third Party Services

Our Offerings may contain links to third‑party websites or services. We are not responsible for their content, policies, or practices. Accessing third‑party resources is at your own risk.

Payments and Billing

Some Offerings may require payment. You agree to:

  • pay all applicable fees

  • maintain accurate billing information

  • comply with the terms of our third‑party payment processor

Refunds are generally not provided unless issued at our discretion. Subscription services may automatically renew unless canceled.

Termination

We may suspend or terminate access to our Offerings at any time. You may terminate your account by following instructions within the Offerings. Certain provisions survive termination, including intellectual property rights, disclaimers, indemnification, and limitations of liability.

Warranty Disclaimer

Our Offerings are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.

We do not guarantee:

  • uninterrupted access

  • error‑free content

  • accuracy or completeness

  • that our Offerings will meet your requirements

Your use of our Offerings is at your own risk.Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, offices, directors, agents, contractors, suppliers, and representatives from all liabilities, claims, causes of action, demands, liabilities, losses, suits, disputes, damages, costs and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Offerings, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Offerings, of any intellectual property or other right of any person or entity.  WellSeek reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Indemnification

You agree to indemnify and hold harmless WellSeek, its affiliates, employees, officers, directors, agents, and partners from claims arising from:

  • your use of the Offerings

  • your content

  • your violation of these Terms

  • your infringement of third‑party rights

Limitation of Liability

To the fullest extent permitted by law, WellSeek is not liable for:

  • indirect, incidental, punitive, or consequential damages

  • data loss

  • personal injury resulting from misuse of the Offerings

  • damages exceeding the amount paid in the previous three months or $500, whichever is greater

Your sole remedy for dissatisfaction with the Offerings is to discontinue use.

Governing Law and Jurisdiction  

These Terms are governed by the laws of the State of California and the United States. Any disputes shall be resolved in the state or federal courts of San Diego County, California.

ARBITRATION AND CLASS ACTION WAIVER.  YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE OFFERINGS, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN SAN DIEGO, CALIFORNIA UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.  DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.  As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.  YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.  You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding.  This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by JAMS.  Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

Severability.  If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void.  This section will survive the termination of your relationship with us.

Modifications to Our Offerings

WellSeek reserves the right, in its sole and exclusive discretion, to modify, edit or replace any of these Terms of Service, or change, suspend, or discontinue the Offerings (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on WellSeek’s website or by sending you notice through the Offerings, via e-mail or by another appropriate means of electronic communication.  WellSeek may also impose limits on certain features and services or restrict your access to parts or all of the Offerings without notice or liability.  While WellSeek will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes.  Your continued use of the Offerings following notification of any changes to these Terms of Service constitutes acceptance of those changes.

INTELLECTUAL PROPERTY POLICY

WellSeek PBC (“WellSeek,” “we,” “us,” or “our”) has adopted and implemented this Intellectual Property Policy in accordance with applicable law. This policy explains how to report alleged copyright or trademark infringement related to materials appearing on WellSeek’s website or within our Offerings.

This Intellectual Property Policy applies to all WellSeek content and publications, including materials distributed through third‑party platforms such as Substack. Substack maintains its own Terms of Service and DMCA procedures, which govern activity on its platform.

Copyright

WellSeek, Inc. has adopted the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).  

Submitting a Copyright Complaint

If you believe that material accessible through WellSeek’s website or services infringes your copyright, you may submit a DMCA notice to WellSeek’s designated Copyright Agent at the address listed below.

Content of the DMCA Notice

Your DMCA notice must include:

  • Identification of the copyrighted work claimed to be infringed.

  • Identification of the material alleged to be infringing, including sufficient detail for WellSeek to locate it (such as a URL).

  • Your name, address, telephone number, and email address (if available).

  • A statement that you have a good‑faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

  • A physical or electronic signature of the copyright owner or authorized agent.

Action taken by WellSeek in response to a DMCA Notice

Upon receiving a valid DMCA notice, WellSeek will take appropriate action in its sole discretion, which may include removing or disabling access to the challenged material.

Submitting a Counter-Notice

If you receive a notification that material has been removed or disabled due to a DMCA notice, and you believe the material is not infringing or that you have authorization to use it, you may submit a counter‑notice to WellSeek’s Copyright Agent.

Your counter‑notice must include:

  • Identification of the material removed or disabled.

  • The location where the material appeared before removal (such as a URL).

  • A statement of good‑faith belief that the material was removed or disabled as a result of mistake or misidentification.

  • Your name, address, telephone number, and email address (if available).

  • A statement consenting to the jurisdiction of the Federal District Court for the district where you reside, or if outside the United States, for any district where WellSeek is located, and agreeing to accept service of process from the original complainant.

  • Your physical or electronic signature.

Action taken by WellSeek in response to a DMCA Notice

Upon receiving a valid counter‑notice, WellSeek will forward it to the original complainant. If WellSeek does not receive notice within ten (10) business days that the complainant is seeking a court order to prevent further infringement, WellSeek may restore the removed material.

Designated Copyright Agent Delivery Address

WellSeek Copyright Agent
WellSeek, PBC
9528 Miramar Rd #1005
San Diego, CA 92126

Submitting a Trademark Complaint

If you believe your trademark is being used in an infringing manner on WellSeek’s website or services, you may submit a trademark complaint to info@wellseek.io with the following information:

For registered trademarks:

  • Full name or company name

  • Trademarked word, symbol, or design

  • Trademark registration number

  • Trademark registration office

For unregistered marks:

  • Full name, address, phone number, and email address (if available)

  • Description of the alleged confusion

  • Requested action

WellSeek may forward your complaint to the party whose content is at issue and take action at our discretion.

Contesting a Trademark Complaint

If you receive a trademark complaint notification, you may contest it by contacting us with an explanation of why you believe the complaint is invalid, including any reference information provided in the notification.

WellSeek will review your submission and take action in its sole discretion, which may include temporary or permanent removal of the identified material.

ACCEPTABLE USE POLICY

WellSeek PBC (“WellSeek,” “we,” “us,” or “our”) has adopted this Acceptable Use Policy in accordance with applicable law. This policy applies to all users of WellSeek’s website, programs, products, and services (collectively, “Offerings”) and establishes the requirements for accessing and using WellSeek’s Offerings.

If an individual violates this Acceptable Use Policy, WellSeek may suspend, deactivate, or terminate access to the Offerings. WellSeek may also pursue appropriate remedies, including legal action or reporting violations to law enforcement. Users are responsible for complying with all federal, state, and local laws governing online activity. These laws and policies may change over time.

The activities below are prohibited. This list is not exhaustive but provides a framework for unacceptable use. Users must report any suspected misuse or violations of this policy.

As a user of WellSeek’s Offerings, you must not:

  • Use or display WellSeek’s name, logo, trademark, or branding without permission.

  • Disseminate or use copyrighted material without authorization.

  • Attempt to gain unauthorized access to WellSeek’s systems or those of our technical providers, including probing, scanning, or testing system vulnerabilities.

  • Interfere with or disrupt any service, host, or network, including attempts to overload systems or cause service interruptions.

  • Use automated or unauthorized methods to access, search, scrape, download, or modify WellSeek’s Offerings.

  • Send unsolicited or unrelated communications to individuals who have not agreed to receive them.

  • Forge or manipulate identifying information in emails or communications sent through WellSeek’s systems.

  • Collect or store personal information about other users without their permission.

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.

  • Create or display misleading advertisements that resemble or could reasonably be mistaken for WellSeek’s Offerings.

  • Attempt to reverse engineer any part of WellSeek’s Offerings.

  • Share your account credentials (passwords, usernames, or similar information) with others.

  • Compensate users directly for promotional or marketing efforts.

  • Encourage or assist others in engaging in any prohibited activities listed above.

WellSeek, at its sole discretion, will determine what materials, information, communications, or activities are permitted or prohibited. WellSeek may revise this Acceptable Use Policy at any time by updating this page.

Feedback

WellSeek values feedback and ideas from our users. If you choose to submit comments, suggestions, or feedback, you agree that WellSeek may use them without restriction or compensation. By accepting your submission, WellSeek does not waive any rights to use similar or related feedback previously known to WellSeek, developed by our team, or obtained from other sources.

Miscellaneous

Entire Agreement and Severability. These Terms of Service constitute the entire agreement between you and WellSeek regarding the Offerings and supersede all prior communications. If any provision is found unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will remain in full force.

Force Majeure. WellSeek is not liable for failure to perform obligations due to causes beyond our reasonable control, including mechanical, electronic, or communication failures.

Assignment. These Terms are personal to you and may not be assigned without WellSeek’s written consent. WellSeek may assign or delegate its rights and obligations without restriction.

Agency. No agency, partnership, joint venture, or employment relationship is created by these Terms.

Notices. Unless otherwise specified, all notices must be in writing and are deemed delivered when received via personal delivery, certified mail, confirmed email, or recognized overnight delivery service. Electronic notices should be sent to info@wellseek.io.

No Waiver. Failure to enforce any part of these Terms does not constitute a waiver of future enforcement. Any waiver must be provided in writing by an authorized representative.

Headings. Section headings are for convenience only and do not affect interpretation.

PRIVACY POLICY

This Privacy Policy describes how WellSeek PBC (“WellSeek,” “we,” “us,” or “our”) collects, uses, and protects personal information in connection with our website, programs, products, and services (collectively, “Offerings”). By accessing or using our Offerings, you agree to the practices described in this Privacy Policy.

Information We Collect

We collect information in the following ways:

a. Information You Provide Directly

This may include:

  • Name

  • Email address

  • Contact information

  • Organizational affiliation

  • Information submitted through forms (e.g., partnership inquiries, program interest forms, newsletter sign‑ups)

We do not collect health‑related information, medical data, or sensitive personal information.

b. Information Collected Automatically

When you visit our website, we may automatically collect:

  • IP address

  • Browser type

  • Device information

  • Pages visited

  • Cookies and similar technologies

This information helps us improve our website and understand usage patterns.

c. Information from Third Parties

We may receive limited information from third‑party services (e.g., analytics providers or email platforms) to support our operations.

How We Use Information

We use collected information to:

  • Provide and improve our Offerings

  • Respond to inquiries

  • Communicate about programs, events, and updates

  • Analyze website usage

  • Maintain security and integrity of our systems

  • Comply with legal obligations

We do not use personal information for profiling, automated decision‑making, or clinical purposes.

How We Share Information

We do not sell personal information.

We may share information with:

  • Service providers who support our operations (e.g., email platforms, analytics tools)

  • Partners when collaboration requires limited information sharing

  • Legal authorities when required by law

  • With your consent, when you intentionally submit information for a specific purpose

All service providers are required to protect your information and use it only as directed by WellSeek.

Cookies and Tracking Technologies

We use cookies to:

  • Remember preferences

  • Improve website performance

  • Analyze usage

You may disable cookies through your browser settings, though some features may not function properly.

Email Communications and Opt‑Out

If you join our mailing list, we may send updates about programs, events, and publications. You may opt out at any time by using the unsubscribe link in our emails or contacting us. California residents may request:

  • Categories of personal information shared with third parties for marketing

  • Names of those third parties

Data Security

We use industry‑standard security measures to protect personal information. However, no method of transmission over the internet is completely secure. We limit access to personal information to personnel who need it to perform their roles.

Third‑Party Services

Our website may contain links to third‑party websites or services. We are not responsible for their privacy practices. We encourage you to review the privacy policies of any third‑party services you access.

Children’s Privacy

Our Offerings are not directed to children under 13. We do not knowingly collect personal information from children.

Business Transfers

If WellSeek undergoes a merger, acquisition, or similar transaction, personal information may be transferred as part of the business assets. Any successor entity will continue to protect your information consistent with this Privacy Policy.

Data Retention

We retain personal information only as long as necessary to fulfill the purposes described in this Privacy Policy or as required by law.

Business Engagements

WellSeek may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Privacy Policy.  WellSeek may choose to buy or sell assets.  User information is typically one of the transferred business assets.  You acknowledge that such transfers may office, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this Privacy Policy.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will post updates on our website and update the “Last Updated” date. Continued use of our Offerings after changes constitutes acceptance of the revised policy.

CONTACT

You may contact WellSeek through our Contact Form.