Terms & Conditions / ข้อกำหนดและเงื่อนไข

Terms and Conditions for the Use of Wello

These Terms and Conditions for the use of the Wello application (“Terms and Conditions”) are entered into between Eatwellconcept Co., Ltd. (the “Company”) and the user of the application (the “User”). Use of Wello is strictly subject to these Terms and Conditions. The purpose of these Terms and Conditions is to inform you of the rights and obligations under applicable law that must be observed.

1. Acceptance of Terms

Please read these Terms and Conditions carefully. The User may not use Wello unless the User has agreed to these Terms and Conditions. If the User is under 18 years of age, the User may use Wello only with the consent of a parent or legal guardian.

The Company may amend these Terms and Conditions at any time as it deems appropriate, within the scope and purpose of these Terms and Conditions. In such case, the Company will notify the content of the amended Terms and Conditions, including the effective date, on the Company’s website or by any other method prescribed by the Company.

2. User Eligibility and Registration

1. The User must be at least 18 years old.
2. To use Wello, the User must register by creating a personal account (the “Account”) and provide certain personal information, including but not limited to name, gender, date of birth, address, and email. Such information will be stored and used in accordance with the Company’s Privacy Policy, available at the website www.wello.work or within the Wello application (the “Privacy Policy”). The Company places utmost importance on User privacy.
3. The User must register and set a password for subsequent access to Wello.
4. The User must provide true, accurate, and complete information and has the duty to keep such information current at all times.
5. Each Account is for individual use and belongs solely to its owner. The User may not transfer, lend, or sell the right to use the Account to any other person, and no person may assume or inherit the Account from the User.
6. The User may delete the Account at any time. Once deleted, the Account cannot be restored.
7. The Company reserves the right to delete any Account that has been inactive for more than one (1) year from the date of last activation, without any prior notice to the Account owner.

3. Services

1. Wello is an application that provides health-related advice by processing User information in accordance with scientific principles and the knowledge of subject-matter experts. However, Wello is not a licensed medical provider and is not intended to replace professional medical advice for the diagnosis, treatment, or management of illnesses or medical conditions.
2. Personal Coach Chat (“Personal Coach”) is a special feature of Wello that enables the User to communicate on health-related topics and receive personalized answers and problem-solving. Personal Coaches are professionals, including registered dietitians, sports scientists, and psychologists. All conversations between the User and Personal Coaches will be stored and used in accordance with the Company’s Privacy Policy, available at the website www.wello.work or within the Wello application. If the User deletes the Account, such conversations will be automatically deleted.
3. The Company does not guarantee the accuracy of processing and predictions provided, and disclaims liability for any errors, omissions, or discrepancies arising from the use of Wello that are not due to the Company’s intent or gross negligence.
4. The Company reserves the right to advertise information or results from other Users’ use of the services on Wello; however, the name or identity of the data owner will not be disclosed without the data owner’s consent.
5. The Company may suspend all or part of the services without prior notice to the User in the following cases:
   1. When performing maintenance or system repairs;
   2. When services cannot be provided due to force majeure, including but not limited to accidents (fire, power outage, etc.), natural phenomena, war, riots, or labor disputes;
   3. When system failures occur or usage exceeds capacity (overload);
   4. To protect the safety of Users or third parties or to perform tasks in the public interest in emergencies; or
   5. When the Company deems it necessary and appropriate in addition to items (1)–(4) above.
   In such cases, the Company shall not be liable for any damages arising from the suspension of services.

4. Restrictions on Use

1. The User shall not:
   1. Resell, rent, lease, loan, sublicense, distribute, or transfer rights in the Account on Wello, including but not limited to sharing via network connection, except as permitted under these Terms and Conditions;
   2. Copy, adapt, modify, convert, translate, or create derivative works of Wello without the Company’s prior written consent;
   3. Use the services in an attempt to, or in conjunction with any device, program, or service designed to circumvent technological measures used to control access to, or rights in, content or other works protected under copyright law;
   4. Use the services to compile information for, or to support, a competing product or service;
   5. Use the Account to advertise, solicit, or send any commercial advertisements, including chain letters, junk email, or repetitive messages to others on Wello;
   6. Use the Account to engage in any act that violates the law;
   7. Provide any information, whether on Wello or elsewhere in public, to send any communications that infringe the Company’s rights;
   8. Publish any media depicting hate, abuse, inappropriate images or behavior, obscene content or pornography, or any content that may give rise to civil or criminal liability under applicable laws or regulations or that may conflict with these Terms and the Company’s Privacy Policy; or
   9. Publish any content containing software viruses or computer code, files, or programs designed to interrupt, destroy, or limit the functionality of Wello’s computer software;
   10. Engage in any act constituting a violation of law.
   The Company will immediately suspend the User’s access if any of the above acts occur. If any person encounters such violations, please contact 095-994-2619, and the Company will proceed with the process to remove or cancel the offender’s Account.
2. While using Personal Coach Chat, the User shall not post comments that are vulgar, insulting, defamatory, provocative, contemptuous, or intolerant; shall not make religiously or racially discriminatory or political comments; shall not slander or express dissatisfaction; shall not post inappropriate text; shall not harass; shall not post obscene or pornographic content; shall not infringe rights; and shall not post pornographic images or other media prohibited under applicable laws or regulations, or that may conflict with these Terms and Conditions.
3. The Company reserves the right, in its sole discretion, to remove inappropriate or irrelevant comments or content; to remove or edit comments containing personal information such as national identification numbers, credit/ATM card numbers, tax identification numbers, etc.; and to restrict or ban access, including disabling Personal Coach Chat, at any time and without prior notice.
4. The User is solely responsible for:
   1. Controlling the disclosure and use of the login name, screen name, and password;
   2. Authorizing, permitting, and controlling access to and use of the Account and password; and
   3. Notifying the Company immediately if the Account or password is compromised or if there is any other reason to disable the Account by emailing support@eatwellconcept.com. The User must grant Wello and relevant persons or entities the right to investigate, retrieve, store, and use information in connection with Wello’s operation.

5. Warranties

The Company does not warrant that:

1. The services will be secure or available at all times or in all locations;
2. Any defects or errors will be corrected promptly;
3. Any content or software available on Wello is free from viruses or other harmful components;
4. The results of using the services will meet the User’s requirements; or
5. The advice of Wello or Personal Coaches will be effective for every User, as outcomes depend on many factors, including consistency of exercise, discipline, metabolic capacity, and the individual physiology of each User.

6. Third Parties

All information provided by the User to Wello may be disclosed to third parties that have contracted with Wello to support the smooth provision of Wello’s services. However, the Company confirms that such information will be stored and used in accordance with the Company’s Privacy Policy, which adheres to the standards of the Personal Data Protection Act B.E. 2562. The Privacy Policy is available at the website www.wello.work or within the Wello application. In addition, if the User accesses any third party even if the User knows or accesses such a third party via Wello Wello does not guarantee the security of the User’s information. The User must take appropriate steps to assess whether accessing such third-party services is appropriate and to protect the User’s personal data and privacy when using third-party services.

7. Right to Enforce Compliance

The Company may randomly inspect Accounts and service usage at any time for the purposes of providing effective services and maintaining the application, including verifying the User’s compliance with these Terms and Conditions and applicable legal requirements. If any violation of law or these Terms and Conditions is found, the Company will proceed in accordance with legal processes. The Company reserves the right to delete or disable the Account of any violating User at any time without prior notice, at the Company’s sole discretion.

8. Improvements and Changes to the Services

The Company reserves the right to change, expand, and improve the form of services from time to time without prior notice to the User. The Company may also suspend or discontinue some or all services, or disable certain features of Wello, at any time.

9. Damages and Remedies

If the User breaches any provision of these Terms and Conditions, the Company has the right to claim damages from the violator as permitted by law, including requesting any actions necessary to cease the consequences arising from the User’s breach.

10. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by Thai law. Any dispute arising out of these Terms and Conditions, any conflict arising from or related to the use of the services, or any conflict between the User and the Company shall be adjudicated under the jurisdiction of the courts of the Kingdom of Thailand.