Terms of service

Last Modified: May 27, 2026

Please read these Terms of Service ("Terms") carefully before using the website located at wellnessy.co (the "Site") or purchasing any products. These Terms constitute a legally binding agreement between you ("you" or "your") and WELLNESSY NUTRITION, LLC ("Wellnessy," "we," "us," or "our"), a Delaware limited liability company with its principal place of business at 8 The Green Ste A, Dover, DE 19901.

IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 16. PLEASE READ SECTION 16 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. BY USING THE SITE OR PURCHASING PRODUCTS, YOU AGREE TO RESOLVE DISPUTES WITH WELLNESSY THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. YOU HAVE 30 DAYS TO OPT OUT OF ARBITRATION — SEE SECTION 16.11.

SECTION 1 — ACCEPTANCE OF TERMS

By accessing or using the Site, creating an account, placing an order, enrolling in a subscription, or purchasing any product from Wellnessy, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Return & Refund Policy, our Shipping Policy, and our Subscription Policy, all of which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site or purchase any products.

These Terms apply to all visitors, users, customers, subscribers, and any other persons who access or use the Site (collectively, "Users").

SECTION 2 — ELIGIBILITY

By using the Site or purchasing products, you represent and warrant that: (a) you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) you have the legal capacity and authority to enter into these Terms; and (c) you are not barred from using the Site or purchasing our products under any applicable law. If you are using the Site on behalf of a business entity, you additionally represent and warrant that you are authorized to bind that entity to these Terms.

Wellnessy products are dietary supplements for adults. Do not provide our products to minors without consulting a licensed healthcare professional.

SECTION 3 — CHANGES TO TERMS

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Modified" date above and may provide additional notice (such as email notification or a banner on the Site). Your continued use of the Site or purchase of products after such modifications constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically. If you do not agree with any modifications, you must immediately stop using the Site and cancel any active subscriptions.

SECTION 4 — PRODUCTS AND SERVICES

4.1. Product Descriptions. We make reasonable efforts to display product colors, images, ingredients, and descriptions (including joint health ingredients like NEM®, UC-II®, Astaxanthin, and Boswellia Serrata) as accurately as possible. However, we cannot guarantee that your device's display will accurately render every detail. Product descriptions, ingredient lists, and supplement facts panels are provided for informational purposes only.

4.2. Availability. Products are available exclusively online through the Site unless otherwise stated. Certain products may have limited quantities. We reserve the right to limit the quantities of any product or service we offer, limit sales to any person, geographic region, or jurisdiction, and discontinue any product at any time without notice.

4.3. Pricing. All prices are displayed in U.S. Dollars unless otherwise stated. Prices are subject to change without notice. We are not responsible for typographical errors in pricing. If a product is listed at an incorrect price, we reserve the right to cancel any orders placed at the incorrect price, even after order confirmation, and to refund any amount charged for such orders.

4.4. Health and Dietary Disclaimers. Our products are dietary supplements intended to support joint health and recovery. These products are not intended to diagnose, treat, cure, or prevent any disease. These statements have not been evaluated by the Food and Drug Administration. Individual results may vary. The content on the Site is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

Consult your healthcare provider before using any dietary supplement, especially if you:

Are pregnant or nursing
Are taking prescription medication, including blood thinners or anti-inflammatories
Have a medical condition, including joint disorders, allergies, or sensitivities
Are under 18 years of age
Have known sensitivities to eggs, soy, or other ingredients listed on our supplement facts panel

Wellnessy makes no medical claims regarding the efficacy of any product sold through the Site. Customer testimonials reflect individual experiences and are not guaranteed.

SECTION 5 — ORDERS AND PAYMENT

5.1. Order Acceptance. Your placement of an order constitutes an offer to purchase. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to: product availability, errors in pricing or product information, suspected fraud, suspected violation of these Terms, or suspected resale activity.

5.2. Payment. You agree to provide current, complete, and accurate billing and payment information. You agree to promptly update your account information, including email address, shipping address, and payment details, so that we can complete your transactions and contact you as needed. Payment is processed through third-party payment processors (including Shopify Payments, Shop Pay, Stripe, and PayPal), and your use of such processors is subject to their respective terms of service.

5.3. Order Modifications and Cancellations. If we modify or cancel an order, we will attempt to notify you using the contact information provided at the time of order. We reserve the right to limit or prohibit orders that appear to be placed by resellers, distributors, or dealers.

SECTION 6 — SUBSCRIPTIONS AND AUTO-RENEWAL

PLEASE READ THIS SECTION CAREFULLY. IT EXPLAINS HOW OUR SUBSCRIPTION PROGRAM WORKS, INCLUDING RECURRING CHARGES TO YOUR PAYMENT METHOD AND HOW TO CANCEL.

6.1. Subscription Enrollment. Wellnessy offers a "Subscribe & Save" auto-ship program for certain products, including our Joint & Recovery Complex. By enrolling in a subscription, you expressly acknowledge and agree that:

(a) The subscription involves recurring charges at the intervals and prices disclosed to you at the time of enrollment;

(b) Your payment method on file will be automatically charged on a recurring basis at the applicable subscription interval (every 4 weeks, 8 weeks, or 12 weeks, as selected at checkout) until you cancel;

(c) The subscription will automatically renew at the end of each billing cycle unless you cancel before the next billing date;

(d) By completing a subscription enrollment, you are providing your affirmative consent to the automatic renewal terms described herein and agreeing to be bound by them.

6.2. Subscription Pricing and Charges. The subscription price (including any introductory discount such as "Subscribe & Save 25% Off First Month"), shipping cost (if any), frequency of delivery, and all material terms of the subscription will be clearly and conspicuously disclosed to you before you complete your initial subscription order. The total amount that will be charged at each renewal, including any applicable taxes or fees, will be displayed during the checkout process.

If you received an introductory discount, your subsequent subscription orders will be billed at the regular subscription price disclosed at checkout. Subscription prices are subject to change in accordance with Section 6.5 below.

6.3. Cancellation Rights and Methods. You may cancel your subscription at any time, for any reason, using any of the following methods (full procedures are also described in our Subscription Cancellation Policy):

Online: Log in to your account at https://www.wellnessy.co/account and manage your subscription through your account settings dashboard.
Email: Send a cancellation request to info@wellnessy.co with the subject line "Cancel My Subscription." Include your full name, email address on the account, and order number.

To avoid being charged for an upcoming renewal, cancellation requests must be received at least 24 hours before your next billing date. Upon receipt and processing of your cancellation request, we will send you confirmation of cancellation via email — please save this email for your records.

If your payment method is charged before your cancellation is processed, you will receive that shipment, and no further charges will occur. Refunds for subscription orders already charged are subject to our Return & Refund Policy and our Subscription Cancellation Policy.

6.4. Renewal Reminders. Where required by applicable state law, we will send you reminder notifications via email prior to each subscription renewal charge. The reminder will include the renewal date, the amount to be charged, and instructions on how to cancel if you wish to do so. You can also view your next billing date at any time by logging into your account.

6.5. Price Changes. We may change subscription pricing upon no less than thirty (30) days' advance notice to you via email or through the Site. If you do not agree to the new pricing, you may cancel your subscription before the effective date of the price change. Your continued participation in the subscription after the effective date of a price change constitutes your acceptance of the new pricing.

6.6. Subscription Modifications. You may modify your subscription (including frequency of delivery, product selection, quantity, shipping address, and payment method) at any time through your account settings or by contacting us at info@wellnessy.co. Modifications must be made before the next billing date to take effect for the upcoming cycle.

6.7. Failed Payments. If a recurring charge fails, we may retry the charge using your payment method on file. If the retry fails, we may pause or cancel your subscription and notify you. You remain responsible for promptly updating your payment information.

6.8. State-Specific Auto-Renewal Disclosures. This Section 6, together with the disclosures presented at checkout, is intended to comply with state automatic renewal laws, including California's Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), the New York Automatic Renewal Law, and similar laws in other states. By enrolling, you affirmatively acknowledge the recurring nature of the charges and your right to cancel.

SECTION 7 — SHIPPING AND RETURNS

Shipping and delivery are subject to our Shipping Policy. Returns and refunds, including our 180-Day Money-Back Guarantee, are subject to our Return & Refund Policy. Both policies are incorporated into these Terms by reference.

Free shipping applies to qualifying subscription orders in accordance with current promotions and our Shipping Policy.

SECTION 8 — ACCOUNT RESPONSIBILITIES

If you create an account on the Site, you are responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activity that occurs under your account, whether or not authorized by you; and (c) notifying us immediately of any unauthorized access to, or use of, your account.

We are not liable for any loss or damage arising from your failure to protect your account information or credentials. We may, at our discretion, suspend or terminate accounts that show signs of unauthorized access, fraud, or violation of these Terms.

SECTION 9 — PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site, our products, or any content thereon:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any applicable international, federal, state, or local laws or regulations; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, defame, intimidate, or discriminate against any individual or group; (f) to submit false or misleading information, including fraudulent reviews or testimonials; (g) to upload or transmit viruses, malware, or other malicious code; (h) to collect or track the personal information of others without their consent; (i) to spam, phish, scrape, or crawl the Site; (j) to interfere with or circumvent the security features of the Site; (k) to reverse-engineer, decompile, or disassemble any aspect of the Site; (l) to resell, distribute, or commercially exploit our products without our prior written authorization; (m) to make any health, medical, or therapeutic claims about our products beyond those disclosed on our labels; (n) to misrepresent your identity or affiliation with any person or entity.

We reserve the right to terminate your access to the Site for violating any of these prohibited uses, without notice and without liability to you.

SECTION 10 — INTELLECTUAL PROPERTY

All content on the Site — including text, graphics, logos, images, photographs, product descriptions, supplement facts panels, formulations, software, and the compilation thereof — is the property of WELLNESSY NUTRITION, LLC or its licensors and is protected by U.S. and international intellectual property laws. "Wellnessy," our logos, and other proprietary marks are trademarks or service marks of WELLNESSY NUTRITION, LLC. NEM®, UC-II®, and other ingredient-related marks are the trademarks of their respective owners and are used under license or with permission.

You may not reproduce, duplicate, copy, sell, resell, modify, or commercially exploit any portion of the Site without our express written permission.

SECTION 11 — USER CONTENT AND SUBMISSIONS

If you submit any content to us (including product reviews, testimonials, ratings, photos, comments, suggestions, feedback, creative ideas, or other materials), whether solicited or unsolicited (collectively, "User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, worldwide license to use, reproduce, modify, adapt, publish, distribute, translate, and display such User Content in any medium, including for marketing and advertising purposes.

You represent and warrant that:

You own or have the necessary rights to submit the User Content;
Your User Content does not violate the rights of any third party (including intellectual property, privacy, or publicity rights);
Your User Content is not unlawful, defamatory, obscene, or misleading;
Any health-related statements in your User Content reflect your honest experience and are not made on our behalf.

We are under no obligation to maintain, compensate you for, publish, or respond to any User Content. We reserve the right to remove or refuse to publish any User Content at our discretion.

SECTION 12 — THIRD-PARTY LINKS AND TOOLS

The Site may contain links to third-party websites or provide access to third-party tools that we neither control nor monitor. Such links and tools are provided "as is" and "as available" without any warranty or endorsement. We are not responsible for the content, accuracy, policies, or practices of any third-party website or tool. Your use of third-party links and tools is at your own risk, and you should review the terms and policies of any third-party site before engaging with it.

SECTION 13 — DISCLAIMER OF WARRANTIES

THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SITE OR PRODUCTS WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (D) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE HEALTH BENEFITS, EFFICACY, OR SUITABILITY OF ANY PRODUCT SOLD THROUGH THE SITE. OUR PRODUCTS ARE NOT INTENDED AS MEDICAL TREATMENTS AND SHOULD NOT BE RELIED UPON AS SUBSTITUTES FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. INDIVIDUAL RESULTS VARY.

Some jurisdictions do not allow the disclaimer of certain warranties. In such jurisdictions, our warranties are disclaimed to the fullest extent permitted by law.

SECTION 14 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WELLNESSY, WELLNESSY NUTRITION, LLC, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS, OR LICENSORS (COLLECTIVELY, THE "WELLNESSY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, OUR PRODUCTS, OR ANY SUBSCRIPTION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE WELLNESSY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO WELLNESSY FOR THE SPECIFIC PRODUCT OR SUBSCRIPTION GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by law.

SECTION 15 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Wellnessy Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the Site or our products; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights, including intellectual property or privacy rights; (e) any User Content you submit; or (f) any unauthorized resale or distribution of our products by you.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense, in which case you agree to cooperate with our defense.

SECTION 16 — DISPUTE RESOLUTION: MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. SECTION 16.11 INCLUDES A 30-DAY OPT-OUT RIGHT.

16.1. Agreement to Resolve Disputes. You and Wellnessy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any product purchased through the Site, any subscription or auto-renewal program, or any aspect of the relationship between you and Wellnessy (collectively, "Disputes") shall be resolved exclusively through the tiered dispute resolution process set forth in this Section 16 (good faith negotiation, then mediation, then binding arbitration), rather than in court, except as set forth below. This agreement is intended to be broadly interpreted and includes, but is not limited to, claims arising under federal, state, or local statutory or common law, including contract, tort, fraud, consumer protection, automatic renewal laws, TCPA, and any other legal theory. The parties agree that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of this Section 16.

16.2. Step 1: Good Faith Negotiation. The party initiating the Dispute shall provide the other party with written notice, including the party's name, address, email, the nature of the claim, and the specific relief sought (a "Notice of Dispute"). Notices to Wellnessy shall be sent to info@wellnessy.co with the subject line "Notice of Dispute," or by mail to WELLNESSY NUTRITION, LLC, 8 The Green Ste A, Dover, DE 19901. Within thirty (30) days of such notice, the parties shall engage in good faith communications to attempt to resolve the Dispute.

16.3. Step 2: Mandatory Mediation. If the parties are unable to resolve the Dispute through negotiation within the thirty (30) day period, they agree, as a condition precedent to arbitration, to endeavor to settle the Dispute by mediation administered by JAMS pursuant to its Mediation Rules & Procedures then in effect. The mediation shall be conducted in the State of Delaware (or remotely by agreement of the parties). The professional fees of the mediator and any administrative costs of the mediation shall be borne equally by the parties. Each party shall bear its own attorneys' fees in connection with the mediation.

16.4. Step 3: Binding Arbitration. If the Dispute is not settled by mediation within one hundred twenty (120) days from the date the mediation is initiated, such Dispute shall thereafter be finally settled by binding arbitration. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules & Procedures (or its Streamlined Arbitration Rules if the amount in controversy is below the threshold for Comprehensive Rules) then in effect (the "JAMS Rules"). The JAMS Rules are available at www.jamsadr.com. If JAMS is unavailable or unwilling to administer the arbitration, the parties shall agree on an alternative arbitral forum. If the parties cannot agree, a court of competent jurisdiction shall appoint an arbitrator.

16.5. Delegation Clause. The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. This delegation clause is an agreement to arbitrate threshold issues of arbitrability and shall be governed by the Federal Arbitration Act.

16.6. Arbitration Procedures. The arbitration shall be conducted by a single, neutral arbitrator. The arbitrator shall have exclusive authority to resolve all Disputes, including the arbitrability of any claim. The arbitration shall be conducted in English. Unless otherwise agreed by the parties, the arbitration shall take place in New Castle County, Delaware, or, at the claimant's election, may be conducted by telephone, videoconference, or based on written submissions.

16.7. Arbitration Fees and Costs. The professional fees of the arbitrator and any JAMS administrative costs shall be borne equally by the parties, except to the extent the JAMS Rules or applicable law require Wellnessy to pay a greater share for consumer arbitrations. Each party shall be responsible for its own attorneys' fees and costs, regardless of the outcome, unless a specific statute expressly authorizes such an award and the arbitrator determines that the statutory requirements are met.

16.8. Arbitrator's Authority. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The award rendered by the arbitrator shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

16.9. CLASS ACTION AND JURY TRIAL WAIVER. THE PARTIES AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, MULTI-PLAINTIFF ACTION, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE PARTIES FURTHER AGREE THAT THEY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A JURY TRIAL.

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED AND PROCEEDED IN A COURT OF COMPETENT JURISDICTION UNDER SECTION 17, AND THE REMAINING CLAIMS SHALL BE ARBITRATED.

16.10. Exceptions to Arbitration. Notwithstanding the above, either party may: (a) bring an individual action in small claims court for Disputes within the court's jurisdictional limits; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

16.11. Opt-Out. You may opt out of this arbitration provision by sending written notice to Wellnessy at 8 The Green Ste A, Dover, DE 19901, or by email to info@wellnessy.co with the subject line "Arbitration Opt-Out," within thirty (30) days of first accepting these Terms or making your first purchase, whichever is earlier. Your opt-out notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remaining provisions of these Terms will continue to apply. Opting out of arbitration does not affect the class action waiver in Section 16.9, which shall remain in effect to the fullest extent permitted by law.

16.12. Mass Arbitration. If twenty-five (25) or more similar Disputes are filed against Wellnessy within a sixty (60) day period, or if a counsel or coordinated group files or threatens to file arbitration demands on behalf of twenty-five (25) or more individuals, the parties agree that such Disputes constitute "Mass Arbitration." In the event of Mass Arbitration:

(a) the parties shall cooperate with JAMS to adopt procedures for efficient resolution, including batching of claims; (b) an initial set of no more than ten (10) individual arbitrations ("Bellwether Arbitrations") shall be selected — five (5) chosen by claimants' counsel and five (5) chosen by Wellnessy — and the remaining claims shall be stayed pending resolution of the Bellwether Arbitrations; (c) the results of the Bellwether Arbitrations shall be used to facilitate settlement discussions for the remaining claims; (d) if settlement is not reached within ninety (90) days after the Bellwether Arbitrations are concluded, additional batches shall be arbitrated in groups of no more than fifty (50), selected on a randomized basis.

All fees for Mass Arbitration shall continue to be split equally between the parties as provided in Section 16.7. Nothing in this Section alters the individual nature of each arbitration or the class action waiver in Section 16.9.

16.13. Survival. This Section 16 shall survive the termination of these Terms and your use of the Site, and shall remain enforceable with respect to any Disputes arising before or after such termination.

SECTION 17 — GOVERNING LAW AND VENUE

These Terms and any Dispute arising out of or related to these Terms, the Site, or any product purchased through the Site shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

To the extent that any Dispute is permitted to be brought in court (as set forth in Section 16), you and Wellnessy agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and you waive any objection to jurisdiction or venue in such courts.

SECTION 18 — PERSONAL INFORMATION AND PRIVACY

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.

SECTION 19 — SMS / TEXT MESSAGING SERVICE

19.1. Consent. By consenting to Wellnessy's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Wellnessy through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Messages may be sent using an automatic telephone dialing system or other technology.

19.2. Message Types. Service-related messages may include order updates, shipping notifications, subscription renewal reminders, account alerts, and transactional information. Promotional messages may include promotions, specials, cart reminders, restock alerts, and marketing offers.

19.3. No Purchase Required. Consent to SMS messages is not a condition of any purchase. Your participation is voluntary.

19.4. Costs and Frequency. We do not charge for the service, but standard message and data rates from your wireless provider may apply. Message frequency varies but typically does not exceed 10 messages per month.

19.5. Opt-Out. Text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to the number from which you received the message, or click the unsubscribe link in any text message to cancel. You will receive a one-time opt-out confirmation. No further marketing messages will be sent unless you re-subscribe. Text HELP for assistance.

19.6. Support. Email info@wellnessy.co for SMS-related inquiries.

19.7. Carrier Liability. Wireless carriers (including AT&T, Verizon, T-Mobile, and others) are not liable for delayed or undelivered messages. To the extent permitted by applicable law, we are not liable for failed, delayed, or misdirected delivery of information sent through the SMS service.

19.8. TCPA Compliance. Our SMS program is intended to comply with the Telephone Consumer Protection Act (TCPA) and applicable FCC regulations. By providing your mobile number and opting in, you provide express written consent to receive autodialed marketing and transactional SMS as described above.

SECTION 20 — ERRORS, INACCURACIES, AND OMISSIONS

The Site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, ingredients, supplement facts, promotions, shipping, and availability. We reserve the right to correct any errors and to change or update information or cancel orders at any time without prior notice, including after order submission. We are not obligated to update information on the Site except as required by law.

SECTION 21 — FORCE MAJEURE

We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, supply chain disruptions, ingredient shortages, manufacturing delays, wars, terrorism, labor disputes, power failures, internet outages, or carrier delays.

SECTION 22 — SEVERABILITY

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

SECTION 23 — ENTIRE AGREEMENT AND WAIVER

These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and Subscription Policy, constitute the entire agreement between you and Wellnessy regarding the Site and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

The failure of Wellnessy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 24 — ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this Section shall be null and void. We may assign these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, financing, or sale of assets.

SECTION 25 — TERMINATION

We may terminate or suspend your access to the Site, your account, or any subscription at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site ceases immediately.

Survival. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Section 10 (Intellectual Property), Section 11 (User Content), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution), Section 17 (Governing Law), and Section 24 (Assignment).

SECTION 26 — CALIFORNIA CONSUMER RIGHTS NOTICE

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The provider of the Site is WELLNESSY NUTRITION, LLC, 8 The Green Ste A, Dover, DE 19901. To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact us via email at info@wellnessy.co.

You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

SECTION 27 — CONTACT INFORMATION

Questions about these Terms of Service should be directed to:

WELLNESSY NUTRITION, LLC 8 The Green Ste A Dover, DE 19901

Email: info@wellnessy.co Contact Page: https://www.wellnessy.co/pages/contact