End User License Agreement

1. Introduction and acceptance

This End User License Agreement ("EULA") governs your license to use the Wellthrive mobile application and related software (the "App"). It supplements our Terms of Service, Privacy Policy, and Health Disclosure. By downloading, installing, or using the App, you agree to this EULA. If you do not agree, do not use the App.

2. License grant

Subject to your compliance with this EULA, Wellthrive Inc. grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use one copy of the App on devices you own or control, solely for your personal, non-commercial wellness purposes.

3. License restrictions

You may not:

• copy (except as part of normal use), modify, or create derivative works of the App;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or your license to anyone;
• remove, obscure, or alter any proprietary notices;
• circumvent or interfere with security or access controls, or use bots, scrapers, or other automated means to access the App;
• use the App or its outputs as a substitute for professional medical advice, diagnosis, or treatment, or to make decisions that require professional judgment (see Section 6);
• use the App, or its outputs, to build or train a competing product or service.

4. Your content and uploaded data

You retain ownership of the information you choose to provide or upload (for example, meal logs and any lab or DNA reports you upload). You grant Wellthrive a limited license to process that information solely to provide and improve the App's features for you, as described in our Privacy Policy. You are responsible for ensuring you have the right to upload any information you provide. Wellthrive does not perform lab tests, glucose tests, or DNA tests; it integrates data from sources you choose to upload.

5. Intellectual property

The App and all related software, content, design, and trademarks (including "Wellthrive") are owned by Wellthrive Inc. or its licensors and are protected by applicable intellectual-property laws. Except for the limited license granted in Section 2, this EULA does not transfer any ownership or other rights to you.

6. No medical advice (wellness only)

The App provides wellness and educational information only. It is not a medical device and is not a substitute for professional medical advice, diagnosis, or treatment, and it does not diagnose, treat, cure, or prevent any disease or health condition. Always consult a qualified healthcare professional before making decisions about your health, medications, or supplements, and do not use the App for medical emergencies.

7. Third-party services and purchases

The App may link to third-party retailers (for example, through affiliate links) and may rely on third-party platforms. Purchases from third-party retailers, and any subscriptions purchased through the Apple App Store or Google Play, are governed by those third parties' terms, not this EULA.

8. Disclaimers and limitation of liability

The App is provided "as is" and "as available," without warranties of any kind, to the maximum extent permitted by law. To the maximum extent permitted by law, Wellthrive Inc. and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or related to your use of the App. These disclaimers and limitations apply in addition to those in our Terms of Service.

9. Termination

This license remains in effect until terminated. It terminates automatically if you breach this EULA. You may end it at any time by deleting the App and discontinuing use; you may also request deletion of your data as described in our Privacy Policy. Deleting the App does not automatically delete server-side account or submitted data; deletion requests are handled under the Privacy Policy and applicable law. On termination, you must stop using and delete the App. Provisions that by their nature should survive, including intellectual property, disclaimers, and limitation of liability, will survive termination.

10. Changes to the App and this EULA

We may update, modify, or discontinue the App or any feature at any time. We may also update this EULA from time to time; material changes will be reflected by the "Last updated" date above and, where appropriate, communicated through the App. Continued use of the App after changes take effect constitutes acceptance.

11. Governing law and dispute resolution

This EULA is governed by the laws of the Republic of Korea, where Wellthrive Inc. is established, without regard to its conflict-of-laws rules. Nothing in this section deprives you of the protection of mandatory consumer-protection laws that apply in your country or state of residence. If you reside in the United States or assert a claim under United States law, the U.S. Dispute-Resolution Addendum in Section 11A applies and, to the extent of any conflict, controls over this Section 11.

11A. U.S. users — dispute resolution addendum

This Section 11A applies only if you reside in the United States or assert a claim under United States law. If there is a conflict between this Section 11A and Section 11, this Section 11A controls for U.S. users. For U.S. users, this EULA and any dispute arising out of or relating to it are governed by the substantive laws of the State of California, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs the arbitration agreement below; nothing in this Section limits the mandatory consumer-protection laws of your state of residence.

Informal resolution first. Before either you or Wellthrive begins arbitration, the party asserting a dispute must send written notice describing the claim and requested relief. The parties will attempt in good faith to resolve the dispute for 60 days after the notice is received. This informal-resolution requirement does not prevent either party from seeking emergency or temporary injunctive relief, filing a complaint with a government regulator, or using small-claims court where available.

Arbitration agreement. Except for the carve-outs below, you and Wellthrive agree that any dispute, claim, or controversy arising out of or relating to the App, this EULA, the Terms of Service, or your relationship with Wellthrive will be resolved by binding individual arbitration governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. If AAA is unavailable, declines administration, or cannot administer the arbitration consistent with this Section, the arbitration will be administered by JAMS under its Consumer Minimum Standards and applicable consumer rules.

Small-claims option. Either party may bring an individual claim in small-claims court if the claim qualifies and remains in that court. Either party may elect small-claims court before an arbitrator is appointed.

Costs. If you initiate arbitration, your required filing contribution will not exceed the lesser of the amount required by the applicable consumer rules or the filing fee for small-claims court in your county of residence. Wellthrive will pay any remaining administrator and arbitrator fees required for consumer arbitration, unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.

30-day opt-out. You may opt out of this arbitration agreement by sending Wellthrive written notice within 30 days after you first accept this EULA or within 30 days after Wellthrive posts a material change to this arbitration agreement. Your notice must include your name, email address used with the App, and a statement that you opt out of arbitration. Opting out of arbitration does not affect any other part of this EULA.

Individual proceedings only. You and Wellthrive agree that disputes will be resolved only on an individual basis and not as a class, collective, consolidated, private-attorney-general, or representative action, except where this waiver is prohibited by applicable law. The arbitrator may award relief only for the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

Public injunctive relief and non-waivable rights. Nothing in this EULA waives a right to seek public injunctive relief where that right cannot be waived under applicable law. If a court determines that a public-injunctive-relief claim cannot be arbitrated or waived, that claim will be decided by a court after the individual arbitrable claims are completed, unless applicable law requires a different sequence. Nothing in this Section limits non-waivable consumer rights under the law of your state of residence.

Mass-arbitration protocol. If 25 or more substantially similar arbitration demands are filed against Wellthrive by or with the assistance of the same law firm, group of law firms, or coordinated claimants, the parties will proceed in staged batches of up to 25 demands at a time. After the first batch is resolved, the parties will participate in mediation before additional batches proceed. Filing deadlines for demands not yet selected for a batch will be tolled. The arbitrator or administrator may adopt procedures to promote efficient, fair, and proportionate resolution of the coordinated demands.

Carve-outs. This Section does not prevent either party from seeking temporary or preliminary injunctive relief for intellectual-property, security, confidentiality, or unauthorized-access claims; does not prevent either party from using small-claims court; does not restrict your right to complain to or cooperate with a regulator, app store, payment processor, or government agency; and does not limit rights or remedies that cannot be waived by contract.

Court forum for non-arbitrable claims. Subject to mandatory consumer-protection laws of your state of residence, any non-arbitrable claim by a U.S. user will be brought in the state or federal courts located in California.

12. App store and platform terms

These terms apply in addition to the rest of this EULA when you obtain or use the App through an app store or platform.

Apple App Store. If you download the App from the Apple App Store, this EULA is between you and Wellthrive, not Apple. Apple is not responsible for the App or its content and has no obligation to provide maintenance or support for the App. Your license to use the App is limited to Apple-branded products that you own or control and as permitted by Apple's usage rules. Wellthrive, not Apple, is responsible for addressing claims relating to the App, including product-liability claims, legal or regulatory compliance claims, consumer-protection claims, intellectual-property claims, and support requests. To the extent required by Apple's rules, Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

Apple warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and Wellthrive is solely responsible for any warranty, to the extent it cannot be disclaimed.

Google Play. If you download the App from Google Play, your use of Google Play and any Google-billed purchase, subscription, refund, or cancellation is governed by Google Play terms in addition to this EULA. Google is not responsible for Wellthrive's App or content except to the extent required by Google Play terms. You must comply with all applicable third-party terms, including device, network, store, and payment-provider terms.

Export, sanctions, and legal compliance. You may not use, export, re-export, import, sell, or transfer the App except as authorized by United States law, Korean law, and the laws of the jurisdiction where you obtained the App. You represent that you are not located in a country or region subject to U.S. or Korean embargo or sanctions and are not listed on any prohibited or restricted-party list.

Device permissions and health-platform data. The App may request access to device features or third-party health platforms only when needed for features you choose to enable. These may include camera, photo library, notifications, local storage, Apple Health/HealthKit, Health Connect, Google Fit, or similar services. You can disable permissions through your device settings, but doing so may limit App functionality. Health-platform data is handled as described in the Privacy Policy and Health Disclosure.

13. Developer information and contact

The App is provided by Wellthrive Inc., a company organized in the Republic of Korea. For questions, support, or claims relating to the App, including for purposes of app-store requirements such as the Apple App Store and Google Play, contact us at admin@wellthrive-inc.com.