Legal
Contents
1. Introduction & Acceptance2. Definitions3. Scope of Services4. Eligibility & Compliance5. Accounts6. Subscription7. Content Standards8. Intellectual Property9. Data Protection10. Suspension & Termination11. Indemnification12. Disclaimers13. Limitation of Liability14. Governing Law15. Release16. Miscellaneous1.1 Company Identity. These Wellsphere Applicant Terms of Service (the "Terms") govern access to and use of the Wellsphere platform and related services operated by Wellsphere Enterprises LLC, a Delaware limited liability company, with its principal place of business at 1st St, Apt 28D, 11249 Brooklyn, New York, United States ("Wellsphere," "we," "us," or "our"). Contact: hello@joinwellsphere.com.
1.2 Relationship with Applicant. Wellsphere provides a digital platform that enables wellness professionals ("Applicants") to discover and connect with job and lawful work-trade opportunities offered by independent third-party businesses (the "Service"). The Service is offered solely for Applicants' personal, non-commercial use. Wellsphere is not an employer, recruiter, placement or employment agency, staffing firm, agent, representative, joint venturer, or fiduciary of any user, and does not hire, supervise, set pay, classify, onboard, or manage payroll, tax, or benefits.
1.3 Binding Agreement. These Terms form a binding agreement between Wellsphere and each individual Applicant who creates an account, purchases a plan, or otherwise uses the Service. By accepting these Terms, Applicant represents and warrants that they: are at least eighteen (18) years old (or the age of majority where they reside); and are acting solely in an individual, consumer capacity and not on behalf of an employer or business.
1.4 Amendments. Wellsphere may amend these Terms from time to time. Material changes will be notified by email or in-Platform notification, and will take effect no sooner than 15 days after notice. If Applicant does not agree, they may cancel their account before the effective date.
1.5 Modifications and Maintenance. Wellsphere reserves the right to modify, suspend, or discontinue any aspect of the Platform or Service. Routine and emergency maintenance may occur without advance notice. Wellsphere shall not be liable for any such modifications, suspensions, or interruptions.
1.6 Arbitration Disclaimer. By agreeing to these Terms, Applicant acknowledges and agrees that: (a) all disputes will be resolved through final and binding arbitration; (b) Applicant waives any right to a trial in court or jury trial; (c) Applicant waives any right to participate in a class action or representative proceeding; and (d) arbitration is the exclusive forum for all disputes, unless otherwise required by non-waivable law.
2.1 "Applicant Content" means all information, profiles, CVs, portfolios, media, communications, and other materials submitted by an Applicant on or through the Platform.
2.2 "Employer" means a business who publishes Opportunities on the Platform.
2.3 "Remuneration" means any compensation, cash or in-kind, offered in connection with an Opportunity.
2.4 "Opportunity" means a genuine role offered by an Employer to a wellness professional, including paid employment or contractor roles, and lawful work-trade or in-kind arrangements.
2.5 "Platform" means Wellsphere's proprietary online platform and related functionality.
3.1 Limited Role. Wellsphere's role is strictly limited to providing access to the Platform. Wellsphere does not participate in, control, or assume responsibility for any hiring, contracting, onboarding, supervision, compensation, or other dealings between Applicants and Employers. Each account may maintain one active profile and one CV. Duplicate accounts are prohibited.
3.2 No Verification. Wellsphere has no obligation to verify the identity, legitimacy, qualifications, credentials, right-to-work status, or background of any Employer, Opportunity, or user. Applicants are solely responsible for their own due diligence. Any reliance on user-supplied information is at Applicant's own risk.
3.3 Supplied Content. All profiles, job postings, and other content on the Platform are supplied by Employers and Applicants. Wellsphere does not author, endorse, or warrant such content. All content is provided "as is."
3.4 No Professional Advice. Wellsphere does not provide legal, HR, immigration, tax, financial, medical, or other professional advice. Applicants must seek their own advisors and make their own decisions, including health and safety judgments.
3.5 No Republishing. Applicant shall not copy, export, scrape, index, publicly post, or otherwise republish any listing, employer information, or contact details obtained through the Platform.
3.6 No Storage. Wellsphere is not a backup or records-retention service. Applicant is responsible for maintaining copies of their content and communications.
4.1 Personal Eligibility. Applicant represents that they are at least eighteen (18) years of age, possess full legal capacity, and are using the Platform solely in their personal, individual capacity for lawful career purposes. Accounts must be under the Applicant's true legal name.
4.2 Compliance with Laws. Applicant bears sole responsibility for compliance with all applicable laws, including professional licensing; tax, social security, and insurance obligations; privacy and data protection requirements; and health and safety obligations relating to travel or workplace conduct.
5.1 Account Responsibility. Each Applicant may maintain only one personal account under their true name. Applicant shall not share, sell, or transfer credentials. Applicant is solely responsible for safeguarding login credentials and all activity conducted through the account.
5.2 Wellsphere Rights. Wellsphere reserves the right to monitor, restrict, suspend, or terminate Applicant access where necessary to preserve system integrity, security, or compliance with law.
5.3 Security Incidents. If Applicant becomes aware of any unauthorized access to their account, they shall promptly notify Wellsphere and take reasonable steps to secure the account.
5.4 Technical Restrictions. Applicant shall not scrape, harvest, bulk-download, use bots or crawlers, reverse engineer, test vulnerabilities, circumvent security or rate limits, or introduce malware.
6.1 Plans. Access to the Service may be offered through subscriptions, credits, or other paid plans (each a "Plan"). Plan inclusions are described at purchase time. Applicant authorizes Wellsphere to store their payment method for recurring charges.
6.2 Auto-Renewal. Unless cancelled per Section 6.3, each Plan will automatically renew at Wellsphere's then-current rates. Applicant authorizes recurring charges to the payment method on file.
6.3 Cancellation. Applicant may cancel through account settings or by contacting hello@joinwellsphere.com. Cancellation is effective at the end of the current paid term. Access continues through that date and will not renew.
6.4 No Refunds. Except as required by mandatory consumer law, all fees are non-refundable once charged, regardless of usage, early cancellation, or partial periods.
6.5 Cooling-Off Waiver. By signing up for a paid Plan or free trial granting access to paid features, Applicant expressly requests immediate performance and acknowledges the loss of the 14-day withdrawal right once performance begins.
6.6 Chargebacks. If Applicant initiates a chargeback without valid basis, Wellsphere may suspend or terminate access and may assess a reasonable administrative fee.
6.7 Taxes. Fees are exclusive of applicable taxes. Where required, taxes will be charged in addition to Plan fees.
6.8 Changes. Wellsphere may amend or discontinue any Plan at its discretion. Changes take effect at the next billing cycle. Applicants will be notified of material changes in advance.
7.1 Accuracy. Applicant represents that all Applicant Content shall be truthful, current, complete, lawful, and not misleading.
7.2 Professional Standards. Applicant Content must be suitable for a professional environment and may not include: false or misrepresented qualifications; discriminatory, harassing, defamatory, or offensive material; fraudulent schemes or scams; adult or sexually explicit material; malware or harmful code; infringement of third-party rights; or unauthorized advertisements or impersonation.
7.3 Content Responsibility. Applicant is solely responsible for their content and all consequences arising from it. Wellsphere does not originate, verify, or endorse any Applicant Content.
8.1 Applicant Content License. By submitting Applicant Content, Applicant grants Wellsphere a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, adapt, publish, display, distribute, and transmit such content; use Applicant's name, likeness, and profile in connection with the Platform; and retain archival copies following account closure. Applicant retains all ownership rights. Applicants may opt out of non-essential marketing uses by contacting hello@joinwellsphere.com.
8.2 Wellsphere IP. All rights, title, and interest in the Platform and Service are the exclusive property of Wellsphere and its licensors. No rights are granted beyond a limited, revocable license to access the Platform per these Terms.
8.3 Trademarks. Wellsphere names, logos, and marks are trademarks of Wellsphere. Applicant may not use them without prior written consent.
8.4 Takedowns. Wellsphere may remove Applicant Content that is the subject of an infringement claim or that Wellsphere determines should be removed, at its sole discretion.
9.1 Privacy Policy. Wellsphere processes Applicant personal data in accordance with its Privacy Policy and applicable law, including the EU GDPR, UK GDPR, and U.S. state privacy laws.
9.2 Wellsphere's Role. Wellsphere acts as an independent controller of personal data Applicants provide on the Platform. When Applicant shares data with an Employer, that Employer becomes an independent controller. Wellsphere is not responsible for Employer processing.
9.3 Transfers. International transfers rely on lawful mechanisms (adequacy decisions, Standard Contractual Clauses) as detailed in the Privacy Policy.
Wellsphere may restrict, suspend, or terminate an Applicant account if the Applicant violates these Terms or law, fails to pay fees, poses security or legal risk, or harms other users. Applicant may delete their account at any time through account settings. Upon termination, access ceases and content may be removed. Wellsphere has no obligation to store or provide copies of content, except as required by law. Minimal archival backups may be retained per the Privacy Policy.
11.1 Indemnity. To the fullest extent permitted by law, Applicant shall defend, indemnify, and hold harmless Wellsphere and its affiliates, directors, officers, employees, contractors, agents, licensors, and service providers (the "Wellsphere Parties") from all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: Applicant Content; unlawful or prohibited conduct; violation of applicable laws; or material breach of these Terms.
11.2 Duty to Defend. Upon written notice, Applicant shall undertake the defense with conflict-free counsel. Wellsphere may assume exclusive control of any defense and settlement. Applicant shall not settle any matter without Wellsphere's prior written consent.
11.3 Notice. Wellsphere will provide prompt written notice of claims and reasonable cooperation at Applicant's expense.
12.1 To the maximum extent permitted by applicable law, the Platform is provided "as is" and "as available." Wellsphere makes no representations or warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or availability.
12.2 Wellsphere does not warrant that the Platform will be uninterrupted, timely, secure, or error-free; that any Opportunity or content is complete, reliable, current, or lawful; that matches or search results will meet expectations; or that the Platform will be free from viruses or harmful components.
12.3 Wellsphere disclaims all warranties arising from course of dealing, usage, or trade practice. All risk as to quality, safety, security, and performance remains with the Applicant. Third-party services, including payment processors and hosting providers, are the sole responsibility of their providers.
12.4 Nothing in these Terms excludes or limits non-waivable statutory rights or remedies available to consumers under applicable law, including mandatory rights under EU and UK consumer law.
13.1 To the maximum extent permitted by law, in no event shall the Wellsphere Parties be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, customers, goodwill, data, or use, even if advised of the possibility of such damages.
13.2 The aggregate liability of the Wellsphere Parties for all claims arising out of or relating to these Terms shall not exceed the greater of: (a) the total fees paid by Applicant in the twelve (12) months preceding the claim; or (b) five hundred U.S. dollars (USD $500).
13.3 Nothing in this section limits or excludes liability where prohibited by non-waivable law, including liability for willful misconduct and, where required by law, gross negligence.
14.1 Governing Law. These Terms shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The UN Convention on Contracts for the International Sale of Goods shall not apply.
14.2 Limitations Period. To the fullest extent permitted by law, any claim must be filed within one (1) year after it accrued, or be permanently barred.
14.3 Dispute Resolution. All disputes shall be resolved by binding arbitration administered by the AAA under its Consumer Arbitration Rules, seated in Wilmington, Delaware, conducted in English. Either party may bring qualifying claims in small-claims court. Within 30 days of first accepting these Terms, Applicant may opt out of arbitration by emailing hello@joinwellsphere.com. If you reside in the EU or UK, mandatory arbitration and class-action waivers do not apply where prohibited by law.
14.4 Class Action Waiver. To the fullest extent permitted by law, disputes must be resolved only in an individual capacity, not as a plaintiff or class member in any putative class, collective, or representative proceeding.
To the maximum extent permitted by law, Applicant releases and discharges the Wellsphere Parties from any and all claims, demands, losses, or damages arising out of or relating to: (i) the accuracy, legality, or availability of any Opportunity or Employer content; (ii) interviews, trials, offers, engagements, or terminations; and (iii) off-platform communications or meetings. This section does not limit non-waivable consumer rights, liability for death or personal injury caused by negligence, or claims resulting from Wellsphere's willful misconduct.
16.1 Third-Party Services. The Services may rely on third-party providers (including payment processors, analytics, scheduling, and communications tools). Such services are provided under their own terms; Wellsphere is not responsible for their acts, omissions, or content.
16.2 Assignment. Applicant may not assign these Terms without Wellsphere's prior written consent. Wellsphere may freely assign or transfer these Terms.
16.3 Notices. Notices under these Terms shall be effective if provided electronically via in-app notification or email. Legal notices to Wellsphere must be sent to the contact information in Section 1.
16.4 Entire Agreement. These Terms, together with applicable product-specific terms and incorporated policies, constitute the entire agreement between the parties and supersede all prior understandings.
16.5 Severability; Waiver. If any provision is found unenforceable, the remainder remains in full force. Failure to enforce any provision does not constitute a waiver.
16.6 Force Majeure. Neither party will be liable for failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet outages, government actions, or similar events.
16.7 Survival. Sections 3–4, 6–13, 14.2–14.4, and 16.1–16.8 survive termination of these Terms.
16.8 Relationship of the Parties. The relationship between Wellsphere and Applicant is that of independent parties. Nothing in these Terms creates any partnership, joint venture, franchise, fiduciary, agency, employment, or other relationship.
16.9 No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms, except that Wellsphere's affiliates and indemnitees are express third-party beneficiaries of the limitations of liability, disclaimers, and indemnification provisions.
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