Terms and Conditions

Welcome to Wellbeing Navigator. Please note that these comprehensive Terms of Use (hereinafter referred to as the “Terms”) govern all aspects of Your access to, interaction with, and utilization of the WellBeing Navigator platform (hereinafter referred to as the “Site”), which is exclusively owned, developed, maintained, and operated by Wellbeing Navigator LLC (hereinafter referred to as “WB” or “we” or “us” or “our”), a company duly incorporated under the laws of United States having its registered office at 8, The Grn Ste 16493, Dover, DE 19901.

Wellbeing Navigator provides online coaching i.e., life coaching, self-development, stress and anxiety management, career, mindfulness, and relationship advice, powered through artificial intelligence (hereinafter referred to as the “Services”) through its AI powered coach, Coach Nova, to individual Users (hereinafter referred to as “User”, “You”, “Your”) or to employees or representations of an Organisation (hereinafter referred to as “Organisation”).

By accessing, registering for, logging in, signing up, or utilizing the Site and/or its associated services in any manner whatsoever, You hereby acknowledge, understand, and unequivocally agree to be legally bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES OR OTHERWISE ENGAGE WITH THE SITE.

In case we make changes to these Terms (or Privacy Policy, which is hereby incorporated by reference) or update them, we shall post the updated Terms on this webpage. You agree to check these Terms from time to time so as to agree to the most updated version of these Terms.

If You have a mental health condition and You are unable to manage it, please contact a healthcare provider or mental health expert in Your area. If You or are thinking about harming Yourself or others, please dial emergency services in Your jurisdiction (911 for US and 911,988, or 811 for Canada). If you are a minor (someone under the age of 18 years), we assume that you have parental / guardian consent to be able to use the Services. If You are a minor having a mental health condition that You are unable to manage, please contact Your parents or guardian immediately.

Services

WB provides personalised and impactful online coaching services to individual Users and Organisations through its personalised text and voice-based coach powered by artificial intelligence (hereinafter referred to as “AI”). Our Services are intended to enhance Your wellbeing, help You live with purpose, mindfulness, manage everyday stress and propel You towards a more satisfying life experience.

WB aims to enhance and improve Your life experience and is not intended to, in any way, to diagnose, treat, or cure any medical, psychological, or psychiatric conditions. We do not provide healthcare, medical, or nutrition therapy services. We do not provide diagnosis, prognosis, treatment or cure of any mental illness or other health issue or disability.

WB does not replace a face-to-face human interaction with a medical professional. We are here to support You not provide You a solution or diagnose You. WB is not intended as an emergency or SOS platform.

1. Site Features and User Permissions

For this, WB shall ask You to sign up for an account, and select a password and username. You promise to provide us with accurate, complete, and updated registration information about Yourself. We recommend You to use a strong password (including letters, numbers, and special characters).

Do not select a username that You don't have the right to use, or another person's name with the intent to impersonate that person, or a malafide, derogatory, obscene, or otherwise illegal username. Do not transfer Your account to anyone else without our prior written permission. WB shall, in its sole discretion and without any prior information, disable or take down Your account or may not allow You to open an account in case You breach the above conditions.

2. Artificial Intelligence and Intended Use

WB and Coach Nova are powered by artificial intelligence (AI) and not a real person, therefore You agree and understand that its response is restricted and structured in a pre-defined manner. WB and Coach Nova do not, in any manner or circumstance, offer medical or clinical advice but only asks You helpful questions and recommends, where needed, that You seek professional help.

You agree and understand that AI is an evolving technology. As such, the complete ambit of risks associated with it may not be fully understood. There is a possibility that You may receive incorrect responses during Your use of the Services.

WB is intended for the purpose of providing guidance to seeking individuals and supporting teams and organisations. To this end, WB offers coaching solutions including employee wellness, leadership excellence, career growth, life coaching, self-development, stress and anxiety management, confidence building, mindfulness coaching services. You have the right to choose whether You wish to use the Site and Coach Nova.

WN and Coach Nova does not offer clinical advise, diagnosis or treatment. Further, WB is not created to treat, analyse, or deal with severe or debilitating mental health conditions. If You have preexisting medical conditions, please seek a medical professional's opinion before using WB.

You agree and understand that WB or Coach Nova is not ideated and developed to respond to medical emergencies, physical health issues, or diagnosable mental health issues. We recommend You to immediately seek medical in case of such a health emergency or medical issue. WB reserves the right, in case of safety risk, to terminate or disable Your account as this is out of the purview of its intended use.

3. Licence

By virtue of these Terms, You have permission to have access to and use the Site for personal, internal, non-commercial use. Organisations can use Enterprise Coaching Solutions from WB within their teams upon mutual agreement with WB, as the case may be. Permission to access and use the Site and Coach Nova is non-exclusive and non-transferable. You can only use the Site for Your own self and within the extent of the features provided and offered upon the Site. WB owns all rights to the Site, Services offered, and content displayed upon the Site. WB has the sole right to limit or disable Your permission to use the Site and receive Services anytime, in its sole discretion and without providing You with prior notice.

4. Rights and Responsibilities

You are liable to maintain the confidentiality of Your account including password and Your conversations. You must properly log out of the Site when You exit.

You have the right to access, download, and communicate certain types of data relevant to Your account with WB.

You explicitly agree to use the Site only for its desired, legitimate, and intended purpose and not for any unauthorised or unrelated purpose. You agree to comply with all applicable laws and regulations while using the Site. You do not have the right to use the Site for research or survey purposes unless WB gives You prior written permission to do so.

Do not share any private information or sensitive data (including Your own or any third party's personal health information or other personal information) unless it is directly needed for the purpose of receiving Services.

WB reserves the right to ask for Your emergency contact details, if it deems fit to do so, and You are liable to provide us with this information. Further, WB has the right to terminate or limit access to Services in case You refuse to provide emergency contact details.

All text and audio conversations are stored into Your account. You have the right to change, edit, or delete such information at Your sole discretion within account settings.

You agree to be polite and follow rules of social conduct while interacting with Coach Nova. In case WB notices derogatory, obscene, or offensive language during Your conversation with Coach Nova or anywhere within the Site, it has the right to terminate or disable Your account and bar You from accessing the Services any further.

5. Prohibited Activities

You are strictly and explicitly prohibited from uploading, sharing, or distributing content that is false, misleading, harmful, offensive, defamatory, infringing copyright or other intellectual property rights of any third party, or illegal under any applicable laws.

You shall not upload, write, or otherwise cause to display content that promotes discrimination, harassment, or bullying, contains malicious software; depicts violence or illegal activities or violates the privacy or confidentiality of others.

Additionally, the following activities are explicitly prohibited when using the Site: impersonating another person or entity through profile manipulation or other means; distributing malware, viruses, or other harmful code; attempting unauthorized access to system areas or data not intended for You; attempting to extract or copy large amounts of data beyond what is necessary for legitimate use; “Crawls,” “scrapes,” or “spiders”, or runs auto-responder or “spams” the Site, engaging in any form of denial of service (DoS) attacks or other activities that might compromise system performance; deploying malicious software or scripts targeting the Application or its Users; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services, and any actions that compromise system integrity, undermine security measures, or disrupt the smooth functioning of the Application for other Users.

Any violations of any of these prohibitions may result in immediate suspension or termination of access, potential legal action, and reporting to relevant authorities as required by law.

6. Your Content

You can interact and post information through text, audio or other means (hereinafter referred to as “Content”) during the course of You availing the Services or upon any part of the Site that is run as a Community Forum or Blog.

You or Your organization, as the case may be, retains ownership of all Content created, uploaded, or shared on the Service by You as part of use of the Service. WB is in the capacity of processor for such Content and processes it solely to provide, maintain, and improve Services.

You agree and understand that WB processes, transmits, or adapts Content to deliver its Service, such as, to enable functionality and improve User experience on the Site. Such processing will always comply with these Terms between WB and Your Organization and applicable data protection laws. We do not own Your Content and will not use it for purposes such as training models or advertising without explicit authorization from You or Your Organisation.

WB may also act on instructions from Your organization to access or process Content for specific purposes, including but not limited to compliance, security, HR purposes, legal obligations, conducting surveys and collating them in demographic manner, or to otherwise generate in-house organisational insights. In these cases, WB acts solely upon the instructions of Your Organization.

We may, in certain cases, share Your Content and Your data records including acting in compliance with a court order, in case of medical emergency, or in case we detect a health or safety threat.

7. Termination

You agree and understand that WB may at any time, without prior notice and at its sole discretion, change the Service; shut down or halt the Service in whole or in party, to You specifically, or to Users and Organisations generally, or limit or restriction Service. WB has the right to permanently or temporarily terminate or suspend Your access to the Service, if in our sole discretion, we conclude that Your access, Use or Your Content violate any provision of these Terms.

Upon termination, You continue to be bound by these Terms and shall oblige all relevant responsibilities including confidentiality, safety measures, etc.

You agree and understand that WB is not liable to You or any User or a third party for any losses, damages, or injury, whether specific or generic, that may result from WB's discontinuation or interruption of Service. However, if Service is temporarily or permanently discontinued by WB, please note that we will initiate the refund of Fees paid by You on a pro-rata basis for any unused portion of Services. In case of any unsettled claims, please reach out to us at contact@wellbeingnavigator.ai.

8. Data Protection and Privacy

We take with utmost seriousness Your data protection and privacy rights, for more detailed information, please refer to our Privacy Policy (hyperlink here). Please note that we are HIPPA compliant and have implemented all necessary protocols to ensure the highest standards of internationally agreed data protection throughout all our operations.

To ensure maximum security and protection of all user data entrusted to our care, we have instituted comprehensive and multifaceted security measures throughout our system architecture. All data is securely hosting on our cloud providers, that maintain industry-leading security certifications and compliance validations; implementation of end-to-end encryption for data transmission; application of robust access control mechanisms; regular security audits and penetration testing; and the maintenance of internal data backup. Our systems are SOC 2 and HIPPA compliant.

Our technical data safeguards are complemented by strict organizational policies limiting data access to authorized personnel on a need-to-know basis only.

Our server infrastructure is strategically distributed across geographically diverse data centres located in respective jurisdictions wherever our Users are present. This distribution is designed to optimize system performance, enhance disaster recovery capabilities, and ensure compliance with various regional data protection requirements.

It is Your responsibility to secure Your phone or laptop or computer through which You use the Services. WB shall not be responsible for any authorised access to Your profile or session history on WB or Coach Nova through Your device.

9. Data Retention and Deletion

In alignment with our Privacy Policy, in the event of termination of Services, we provide a clearly defined transition period of three (3) months during which Your Organisation must download and preserve relevant data for future reference or transfer to alternative systems.

This three-month window begins from the effective date of service termination and is communicated clearly to all affected parties through multiple channels to ensure awareness of this important timeframe.

We have the right to retain residual data within our systems beyond the specified retention period, in an aggregate, anonymized, and demographic form, for the purpose of internal future research and to improve the system functionality and to generally contribute to the domain of mental health.

10. Intellectual Property Rights

The entirety of Site and its content, features, functionality, design elements, and any intellectual property accessible through the Site, including but not limited to patent rights, copyright, moral rights, publicity rights, trademark, trade dress, service mark rights, goodwill, trade secrets, text, graphics, logos, icons, images, audio clips, video material, software code, user interface design, published content, underlying software components, and the compilation of these elements, are either the intellectual property of WB and as such exclusively owned by WB or relevant third parties and are protected by US copyright laws, trademark legislation, and international intellectual property conventions, including but not limited to the Digital Millenium Copyright Act and Lanham Act.

Your access to the Site and using its Services does not confer any ownership rights, licenses, or permissions to reproduce, distribute, modify, display, perform, create derivative works from, or otherwise exploit WB's intellectual property or other proprietary content beyond the limited, non-exclusive license to use the Site for its solely intended purposes in accordance with these Terms.

WB respects the intellectual property rights of others and expects Users and Organisations to do the same.

If You believe that Your intellectual property rights have been infringed by the Site, please contact us at contact@wellbeingnavigator.ai with detailed information about the alleged infringement, and we will investigate and take appropriate action in accordance with applicable laws.

Any violation of intellectual property rights of WB shall result in legal proceedings being initiated against You as per Indian laws. In case of a breach of our intellectual property rights by any User or Organisation in any manner, we retain the right to immediately terminate the access of such User or Organisation account upon our sole discretion and with immediate effect.

11. Representations, Liabilities, and Indemnification

To the fullest extent permitted by applicable laws, WB unequivocally and categorically disclaims any and all liabilities, responsibilities, or obligations stemming from unauthorized account access, data breaches, or security incidents resulting from User negligence, carelessness, oversight, or failure to follow recommended security practices.

While we implement robust system-level security measures, the security of individual accounts depends significantly on user behaviour and adherence to security best practices.

We cannot be held responsible for consequences arising from compromised credentials that result from actions or omissions on the part of Users, such as writing down passwords, using easily guessable security information, or failing to report suspicious activities.

Services offered by WB through the Site are provided strictly on an “as-is” and “as-available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

While we strive to maintain high availability and performance of our systems, we do not guarantee that the service will be uninterrupted, timely, secure, or error-free at all times. Occasional technical issues, scheduled maintenance, or factors beyond our control may affect system availability temporarily. We do not guarantee that You will be able to access Coach Nova at all times without interruption, or that the Site or Coach Nova will always be reliable, accurate, helpful, safe, or suitable for every User.

To the fullest extent permitted by applicable law, in no event shall WB, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will WB be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or Your Account or the information contained therein.

To the maximum extent permitted by applicable law, WB assumes no liability or responsibility for any (i) personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of our Service; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iii) any bugs, viruses, trojan horses, or similar malware that may be transmitted to or through our Service by any third-party; (iv) any loss or damage or injury incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (v) User Content or content that is defamatory, offensive, or illegal conduct of any third-party.

You agree to defend, indemnify and hold harmless WB and its subsidiaries, employees, officers and directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Your Use of and access to the Services, Your including any data or content transmitted or received by You; Your violation of any term of this Agreement, including without limitation Your breach of any of the representations and warranties, Your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights, Your violation of any law, rule or regulation, any claim or damages that arise as a result of any of Your Content or any that is submitted via Your account, or any third party gaining access and use of the Service with Your unique username, PIN, password or through Your device.

This indemnification obligation shall survive the termination of the User's relationship with WB and continue to apply to actions taken during the period of Site usage.

12. Additional Provisions

The Site may contain links to third party websites or services. WB does not control these links and is not responsible for their content, products, or services, and therefore, not liable for any damages or losses, whether direct or consequential, from Your clicking upon, accessing, or using these third-party sites. We recommend You review their terms of service and privacy policy beforehand.

By posting any content of the Site that is publicly displayed, You expressly grant, and You represent and warrant that You have all rights necessary to grant, WB a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list out, post information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such content posted by You and Your name, voice, and/or likeness as contained in Your posted content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed subject to the Privacy Policy.

Please note that WB is an evolving platform that is constantly researching in the field of wellness and mental health and to make a world a better place. We may use the User Content for research purposes in an anonymized, statistical, and demographic form. We are grateful for the support You provide towards this mission by sharing Your data.

WB is controlled and operated from USA, Canada, and India and our Services meet all applicable laws in USA, Canada and India. You agree that those who access or use the Service from other jurisdictions will do so at their own volition and are entirely responsible for compliance with all applicable and relevant local laws and regulations, including but not limited to export and import regulations. You may not access the Site or use the Services if You are a resident of a country embargoed, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the United Nations, USA, Canada or India.

You do not have the right to assign Your rights and responsibilities under these Terms, however, WB may assign their rights and responsibilities under these Terms to a third party, subsidiary, controlling entity, sister concern, or any third party, without restriction. Any attempted transfer or assignment by You in violation hereof shall be deemed as null and void.

WB may send You notices, emails, notifications, via email, post, displaying upon the Site, for business or marketing purposes. You have the right to opt out of receiving certain notifications.

These Terms along with Privacy Policy constitute the entire agreement between You and WB in relation to the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and WB's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

13. Force Majeure

WB is not responsible for any delay, interruption, failure to comply with these Terms if such delay, interruption or failure arises from any cause which is beyond our reasonable control including but not limited to war, natural disaster, pandemic, or any other similar event that is beyond our control.

14. Governing Laws and Amendments

Your relationship with WB and these Terms are governed by and will be construed under the laws of the United States, without regard to any conflicts of law provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in the state of Pennsylvania, in English, in accordance with the standard rules under American Arbitration Association (“AAA”), by a sole commercial arbitrator from its panel of arbitrators having substantial experience in resolving intellectual property and commercial contract disputes, in accordance with AAA Rules. The award of the arbitrator shall then be entered in a court of competent jurisdiction as per applicable laws.

Notwithstanding the above, each party shall have the right to pursue specific injunction or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, both parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Pennsylvania.

You agree and understand that You shall not, either in Your individual capacity or along with other third parties, initiate class arbitrations, class actions, or trial by jury against WB for any reason or claim.

15. Contact Information

If You have any questions, concerns, or inquiries regarding these Terms of Use, the Site, our Services, or Your relationship with WB, You may contact us at contact@wellbeingnavigator.ai during business hours from Monday to Friday, 9:00 AM to 5:00 PM (EST), excluding national holidays.