🔬 WellScan

Service description

WellScan provides educational ingredient analysis based on artificial intelligence and publicly available research databases. You can submit ingredient lists via text or photo, and WellScan will return an analysis of those ingredients with citations to relevant research.

Not medical advice

All assessments provided by WellScan are informational opinions based on cited research. They are NOT medical advice, safety guarantees, or definitive determinations about the safety or suitability of any product. Do not rely on WellScan as a substitute for professional medical, dietary, or health guidance.

Do not start, stop, or change any medication or treatment based on WellScan's assessments. Always consult a qualified healthcare professional before making decisions about medications, treatments, dietary changes, or any health-related matters. WellScan's analysis is intended solely to provide general information about product ingredients for educational purposes.

No warranty

The service is provided “as is” and “as available” without warranties of any kind, either express or implied. Analysis accuracy depends on the quality of your input, the capabilities of the underlying language model, and the availability and completeness of third-party data sources.

Assumption of risk

You expressly agree that your use of WellScan is at your sole risk. The service is provided on an “as is” and “as available” basis. WellScan and its operators, officers, employees, agents, and affiliates make no warranties, express or implied, regarding the accuracy, completeness, reliability, or suitability of any analysis, assessment, or information provided by the service. You acknowledge that ingredient analysis involves inherent uncertainties and that you are solely responsible for any decisions you make based on information provided by WellScan.

Limitation of liability

To the maximum extent permitted by applicable law, WellScan and its operators, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the service; (b) any decisions made or actions taken based on analyses provided by the service; (c) any errors, inaccuracies, or omissions in the analyses; or (d) any unauthorized access to or use of our servers.

Our total liability to you for all claims arising out of or relating to these terms or your use of the service shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or one hundred U.S. dollars ($100), whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless WellScan and its operators, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the service; (b) your violation of these terms; (c) your violation of any rights of a third party; or (d) any decisions made or actions taken by you based on information provided by the service.

Acceptable use

When using WellScan, you agree to:

• Not abuse the API or attempt to circumvent rate limits
• Not use the service for automated commercial data scraping
• Not interfere with or disrupt the service or its infrastructure
• Use the service only for its intended purpose of ingredient analysis

Intellectual property

Analysis results generated by WellScan may be freely shared. The WellScan name, brand, and service design are proprietary and may not be used without permission.

Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

You and WellScan agree that any dispute, claim, or controversy arising out of or relating to these terms or the use of the service (“Disputes”) will be resolved by binding individual arbitration rather than in court, except that either party may bring claims in small claims court if they qualify. The Federal Arbitration Act and federal arbitration law apply to these terms.

Arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA), including the AAA Consumer Arbitration Rules, as applicable. The arbitration shall take place in the State of California, or at another mutually agreed location, or via telephone or video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver: You and WellScan agree that Disputes will be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding, whether as a named plaintiff, class member, or otherwise. The arbitrator may not consolidate more than one person's claims without the written consent of all affected parties.

Opt-out right: You may opt out of this arbitration and class action waiver provision by sending written notice to legal@wellscan.app within thirty (30) days of first using the service. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you may pursue Disputes in court, but you still agree to the remaining terms.

Severability

If any provision of these terms is found to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions shall continue in full force and effect.

Changes to these terms

We may update these terms from time to time. Changes will be reflected on this page with an updated “Last updated” date. Continued use of WellScan after changes are posted constitutes your acceptance of the revised terms.

Governing law

These terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Contact

If you have questions about these terms, please contact us at legal@wellscan.app.