Terms of Use

Last Updated: 06/03/2025 Welcome to the Mark: Wellness Assistant application and related services.

1. Acceptance and Modification of the Terms

These Terms of Use (hereinafter referred to as “Terms”) govern the relationship between You and Mark Wealth C Corp. (the “Company,” “We,” “Us,” or “Our”), located at 254 Chapman Rd, Ste 209, Newark DE 19702, United States, regarding Your use of the Application, including all associated content, software, services, and products. By accessing or using the Mark: Wellness Assistant application and related services (the “Application” or “Services”), You acknowledge that You have read, understood, and agree to be bound by these Terms and all terms incorporated herein by reference. If You do not agree with these Terms, You must not access or use the Application. The Application is operated and managed in the United States of America. We make no claims concerning the availability or appropriateness of the content for use outside the United States. If You access or use the Application from outside the United States, You do so at Your own initiative and risk. You are solely responsible for ensuring compliance with the laws of Your jurisdiction. Your use of the Service is also at Your own risk. The Company will not be held liable for any harm to Your computer systems, loss of data, or any other harm caused to You or third parties, including bodily injury, as a result of using the Service or relying on any information or advice provided. You must accept these Terms to create an Account and use the Application. If You do not agree with these Terms, do not create an Account or use the Application. By using the Application, You agree to the binding contractual relationship set out in these Terms. We reserve the right to modify these Terms at our sole discretion at any time. Any modifications to these Terms will be effective immediately upon posting the revised version on the Application. You are responsible for reviewing these Terms periodically to stay informed of any updates. If You do not agree with any changes, You must stop using the Application and cancel Your Account or subscription. Your continued use of the Application after changes have been posted indicates Your acceptance of the revised Terms.

2. Definitions

This section outlines the key terms used in this Agreement to ensure a clear understanding of the Terms: Service – the mobile application Mark: Wellness Assistant, Account functionality, algorithmic tools, Content, and all related services provided by the Company to support the overall well-being of Consumers. Application – the mobile application called Mark: Wellness Assistant, which is available for download from official digital platforms such as the Apple App Store and Google Play Market. The Application provides access to the Service from mobile devices and is an integral part of the Service. Consumer or You – an individual who uses the Service within the limits set by these Terms, including for obtaining Assistance, tracking well-being, or using the Application’s features. Consumer data – any information provided by Consumers during registration, use of the Application, or interaction with the Service, including but not limited to personal data, contact information, uploaded files, Account settings, etc. Company or We – the legal entity that owns and operates the Application, ensures its functioning, development, technical support, and sets the rules and conditions for using the Service. Account – a personalized profile of the Consumer within the Application, containing the information provided by the Consumer, settings, interaction data with the Service, and providing access to the functionality of the Application according to the established rules. Creating an Account is mandatory to access the Service’s extended features. Preventive assistance – automated assistance or notifications within the Service, created based on Consumer data, aimed at detecting potential changes in physical or emotional condition, as well as preventing undesirable trends in well-being or lifestyle before they develop into a problem. Assistance – information advice and tips provided to Consumers automatically based on their queries, which may help improve personal well-being, optimize daily habits, or make informed decisions within the available information. Assistance is general in nature and is not professional advice or medical consultation. Platform – an online marketplace such as Google Play Market, Apple App Store, or other similar services, which allows the download of the Application, subscription to the Plan, and facilitates financial transactions between the Consumer and the Company. Interaction with the Platform is governed by this Agreement and the terms of use set by the relevant Platform. Content – any information, materials, or data placed, transmitted, or stored within the Application, including text messages, images, files, uploaded documents, settings, and other elements available for viewing or use by the Consumer.

3. Disclaimers

The Application is designed to help You manage Your well-being, with a special focus on burnout prevention, supplement optimization, and overall well-being. While Mark provides valuable insights and personalized recommendations, please be aware of the following important disclaimers:

3.1. Not a Substitute for Medical Advice

Mark: Wellness Assistant is an AI-powered assistant that provides wellness support, supplement tracking, and guidance on nutrition, sleep optimization, and activity management. However, Mark does not provide medical advice, diagnosis, or treatment. The information provided through the Application, including text, graphics, and other materials, is for informational purposes only and is not a substitute for professional medical advice. Mark: Wellness Assistant is also not engaged in providing medical advice or services, and using the Application does not create a doctor-patient relationship. The information available through the Application is not intended for medical diagnosis, treatment, or therapeutic purposes. Always seek the advice of a qualified healthcare professional with any questions regarding a medical condition or before making any significant changes to Your diet, wellness routine, or exercise program. This includes seeking consultation with Your doctor prior to using any supplements or embarking on a new wellness program. Never disregard professional medical advice or delay seeking it because of information You have read on the Application. Your use of the Service is solely at Your own risk, and You are responsible for consulting with a healthcare professional before making any decisions about Your health and wellness.

3.2. Wellness and Burnout Prevention

Mark’s primary goal is to support Your overall well-being by helping You stay balanced, energized, and mindful of Your physical habits. The platform provides personalized assessments, tracks hormonal patterns, and offers wellness recommendations tailored to Your individual lifestyle, stress levels, and goals. These features aim to promote self-awareness and help You build healthier routines to reduce the risk of burnout. By analyzing Your inputs and behavioral data, Mark creates curated wellness plans that evolve with Your needs. Whether You’re aiming for better sleep, improved focus, or more consistent energy, Mark guides You with insights and gentle nudges to help You stay on track. The goal is to empower You to make informed decisions and take proactive steps in Your wellness journey.

3.3. Wellness Recommendations

Mark provides tailored recommendations to support Your overall well-being, including suggestions related to supplement usage, sleep, daily activity, and overall wellness. These insights are generated using AI-driven analysis combined with research-based guidance, helping You make more informed choices that align with Your personal wellness goals. The recommendations are tailored to Your individual habits and preferences, with the aim of promoting balance, energy, and long-term well-being. Mark’s role is to assist and enable You along the way to wellness through thoughtful, evidence-based advice that will seamlessly fit into Your life.

3.4. Individual Responsibility

By using the Application, You acknowledge that Your use of the wellness tools, including wellness tracking and supplement optimization, involves personal responsibility. Mark does not guarantee specific results or outcomes. Your wellness journey depends on various factors, including Your unique physical, mental, and emotional state, and You should take all steps necessary to ensure that Your actions align with Your personal wellness goals.

3.5. Data Usage and Privacy

Mark respects Your privacy and is committed to protecting the confidentiality of Your personal information. The Application provides You with an ability to upload and track Your wellness data such as lab test results and wellness habits. These data are securely stored and solely used to provide You with personalization, showing You more contextually relevant findings and suggestions tailored to Your distinct wellness trends. You are always in control of Your data. In the event that You decide to no longer use the Application, You are free to delete Your Account and all the data that comes with it at any time through Your settings. We do not share Your personal details without Your consent, and We take strict privacy precautions to keep Your information secure and confidential while You are on board with Mark.

3.6. No Doctor-Patient Relationship

Use of Mark does not create a doctor-patient, therapist-patient, or any other healthcare professional relationship. All content provided through the Application is for informational purposes and should not be considered a direct replacement for a consultation with a licensed healthcare provider.

3.7. Accuracy of Information

Mark is designed to provide useful and well-researched information based on Your inputs and data available. Although We try our best, the Application cannot ensure that all content, insights, or suggestions will be entirely accurate, up-to-date, or complete at all times. You are encouraged to use the information as a useful addition and exercise Your own discretion in making decisions. We also recommend cross-referencing important information from multiple trusted sources to ensure it aligns with Your personal needs and context.

3.8. Personalization

Mark provides tailored wellness plans based on the information You provide during the onboarding process. These plans are designed to help You achieve Your goals but are not guaranteed to deliver specific results. Mark’s  insights aim to help You optimize Your wellness routine but should be used with discretion and not as a substitute for professional advice. The quality of Your interaction with the Service depends on the accuracy and regularity of the data You enter. The more relevant data You provide, the more personalized the Assistance will be. The Service does not have access to Your actual physical or emotional state and does not perform autonomous monitoring – it operates solely based on the data You provide during use. Your experience with the Service will be more accurate the more You contribute to it. Regularly entering up-to-date data allows the algorithms to better adapt to Your needs and condition dynamics. However, even with the most accurate data, an automated system cannot provide guarantees or foresee all possible risks.

4. Profile Registration and Account Security

4.1. Account Registration

To gain full access to the features of the Service, You need to register and create an Account. This is not mandatory, but without registration, access to certain features may be limited. During registration, You must provide accurate and up-to-date information. Your data is used to personalise the Assistance and generate results based on automatic algorithms. If You provide false or incomplete data, the results may be incorrect, and the Company is not responsible for this. The Company has the right to verify the accuracy of the data You provide and require additional confirmation if there are suspicions of fraud or violation of these Terms. In such cases, the Company may temporarily suspend or delete Your Account without prior notice and without refunding any paid fees.

4.2. Eligibility

By registering or using the Service, You guarantee that You have attained the minimum age of 18 years and are legally qualified to enter into a contract. You additionally undertake to affirm that You have read and agreed to adhere to these Terms in order to have access to the Service. The Service is not for, and is not licensed for use by, any individual under the age of 18 years. If You are under the age of 18, You are not permitted to access, register for, or use any part of the Service. We may refuse, suspend, or close Accounts breaking this age condition at our discretion.

4.3. Accuracy of Information

You represent and warrant that all information You submit during registration and while using the Service is truthful and accurate. Failure to provide correct information may result in the Service not functioning properly and can prevent us from contacting You with important notices.

4.4. Security of Your Account

You are responsible for maintaining the confidentiality of Your Account login credentials (email and password) and are fully responsible for all activities that occur under Your Account. This includes any unauthorized access or use by others. You agree to immediately notify us if You become aware of any unauthorized use of Your Account or any security breach related to the Service. We will not be liable for any loss or damage arising from Your failure to comply with this section.

4.5. Termination of Account

The Company reserves the right to terminate or suspend Your Account, or restrict Your use of the Service, in its sole discretion, especially in case of violation of these Terms or any suspicious, fraudulent, or unauthorized use. The action may be taken with or without notice, depending on the severity and urgency of the circumstances. If You believe that Your Account was unfairly suspended, limited, or terminated, You have the right to contact us and request a review or appeal of the decision. We will investigate the matter and respond as soon as reasonably practicable, but We do not guarantee reinstatement of the Account.

4.6. Communication Preferences

By creating an Account, You consent to receive electronic communications from the Company. These communications may include important notifications regarding Your Account, such as payment confirmations, password changes, and other transactional information. You also agree to receive promotional emails, newsletters, surveys, and other offers that we may send from time to time. You can opt out of receiving promotional emails by following the unsubscribe instructions provided in each message.

4.7. Termination and Account Cancellation

If You wish to stop using the Service or delete Your Account, You can do so at any time by following the appropriate process within the Service or contacting us directly. If Your Account is terminated or canceled, We may retain certain data as described in our Privacy Policy.

5.  Application Functionality and Account Management

5.1. Account Photo Upload

As part of the personalisation of the interface, You can upload Your Account photo. This helps You to better identify Yourself in the Application and create a sense of personal space.  The Account photo also facilitates more convenient interaction with the Service, especially when using personalized features and Assistance. This is an entirely optional feature. You can use the Application without a photo or change or remove it at any time. All images are stored securely and are not shared with third parties without Your consent. We do not analyse the content of the photo, do not recognise faces and do not use the uploaded image for any technical or marketing purposes. It is just a visual detail that remains on Your Account.

5.2. Analysis Results Recognition

The Application has a feature that allows You to upload Your test results in PDF or photo format. The Application automatically recognises key indicators and converts them into a convenient digital format. This provides You with a centralized place to store all results, ensuring quick access at any time, without the risk of losing documents or forgetting about important indicators. The feature also helps You organise Your results chronologically, making it easier to track changes over time, such as how levels of vitamins, iron, hormones or other important parameters change over time. This can be useful both for understanding Your condition and as an additional reference material when consulting with a doctor. The recognized data is also used when forming personalized Assistance within the Service.  It helps create a more complete picture of Your well-being in the context of other data, such as symptoms, mood, sleep, or diet.

5.3. Preventive Assistance

One of the main tasks of the Application is to assist You in Your daily well-being. We have developed features that help You pay attention to early signs of changes in Your condition, track symptoms, monitor trends, and assess overall risks. The Service does not make diagnoses and does not replace consultations with specialists, but it can promptly highlight potential signals or changes in Your usual patterns. For example, if Your energy level, sleep, or well-being show persistent negative deviations, the Application can draw Your attention to these issues. Additionally, as part of our preventive approach, We can also provide advice aimed at maintaining a stable rhythm of life, reducing stress, and balancing nutrition and activity. This helps not only to improve the quality of life here and now, but also to minimise risks in the future. Preventive assistance in the Application is based solely on the data You choose to provide. The more complete You are in filling out Your Account and tracking daily observations, the more accurately the Application can adapt to You and offer timely suggestions for what might need to be changed.

5.4. Individualized Approach to Supplement Selection

The Application offers the ability to view and purchase supplements that may support Your overall well-being. The Assistance is generated automatically based on the data You provide and is intended for informational purposes only. It is not a substitute for professional advice or prescriptions. All products presented comply with the requirements of the legislation on the circulation of supplements and do not require a licence as medicinal products. We offer a selection from verified brands, but the responsibility for the quality, compliance, or effectiveness of these products lies with the manufacturer. Orders are processed through the Service, and delivery is handled by the company or third party (distributor or partner). We provide only the necessary data required to process and fulfill the order, such as contact information, delivery address, and selected products. The purchase of supplements through the Application is at Your sole discretion. We recommend that You consult a qualified professional before making any choice or changing Your diet. It is important to remember that all the products presented are dietary supplements and are not intended for the treatment, diagnosis or prevention of diseases.

6. App Stores, Third-Party Ads, Other Consumers

6.1. App Store Dependencies

You acknowledge and agree that the availability of the Application is dependent on the third party from which You received the Application, e.g., the Apple App Store, Google Play, or other app stores (collectively, “App Stores” and each, an “App Store”). The Application and its functionality may be subject to the terms, conditions, and policies of the respective App Store provider.

6.2. App Store Fees and Compliance

You agree to pay all fees charged by the App Stores in connection with the Application. You agree to comply with all applicable agreements, Terms of use/Service, and other policies of the App Stores. Your license to use the Application is conditioned upon Your compliance with these terms. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms against You.

6.3. Third-Party Ads and Resources

The Service may contain links to third-party websites, resources, or advertisements for third parties (collectively, “Third Party Ads”). Such Third Party Ads are not under the control of the Company, and the Company is not responsible for any Third Party Ads. These ads are provided solely as a convenience, and the Company does not review, approve, monitor, endorse, warrant, or make any representations regarding Third Party Ads. Advertisements and information provided by Third Party Ads may not be entirely accurate. You acknowledge that You are solely responsible for any interactions with third-party websites or resources and assume all risks associated with Your use of these sites. When accessing third-party sites, the service provider’s terms, policies, and practices, including privacy and data collection policies, will apply. You should conduct Your own research and assessment before engaging in any transaction or interaction with any third party. Any transactions or dealings with Third Party Ads found within the Application, including payment and delivery of related goods or services, are solely between You and the third-party merchant or advertiser.

6.4. Consumer Content and Interactions

Each Consumer of the Service is solely responsible for any and all of their Consumer Content. The Company does not control Consumer Content, and You acknowledge and agree that the Company is not responsible for any Consumer Content. We do not guarantee the accuracy, currency, suitability, or quality of any Consumer Content, and We assume no responsibility for any issues arising from it. Your interactions with other Consumers of the Service are solely between You and those Consumers. You agree that the Company will not be held responsible for any loss or damage resulting from such interactions. In the event of a dispute between You and any other Consumer, the Company is under no obligation to intervene.

6.5. Release of Liability

By using the Service, You agree to release and hold harmless the Company, along with its officers, employees, agents, and successors, from any and all claims, demands, losses, liabilities, damages, or actions, whether known or unknown, that arise out of or relate to Your use of the Service.  This includes, but is not limited to, any interactions with other Consumers of the Service, App Store providers, or third-party advertisements featured within the Application. This release covers all forms of harm, including personal injury, property damage, and any other loss or consequence resulting from those interactions or conduct.

7. Rights And Obligations Of The Parties

This section sets out the basic rights and obligations between You and the Company arising from the use of the Service. Compliance with these terms is mandatory for all parties to ensure reliable, secure and predictable interaction.

7.1. Rights and Obligations of Consumers

You have the right to: Access the Service and its features, including viewing personalized Assistance generated based on the data You have entered. Independently enter, store, and view personal data related to Your physical and emotional state. Receive automatically generated Assistance that takes into account Your symptoms, well-being, and other parameters You have provided. Full control over Your Account, including editing personal data, changing settings, and permanently deleting the Account along with all associated data. Contact customer support for technical or general inquiries, as well as for clarification or correction of Your own data. Provide feedback about the Service, including reviews, suggestions, and comments. Receive notifications about updates to the Service, changes to the Terms, or the Privacy Policy. You are obligated to: Provide truthful, accurate, and up-to-date information when creating Your Account and using the Service’s features. Entering false or inaccurate data may result in receiving incorrect Assistance or limited access to the Service. Comply with the applicable laws and these Terms, using the Service solely for personal, non-commercial purposes and not engaging in activities that could harm the functioning of the Service or the rights of other consumers. Not use the Service for diagnosing or self-treatment, and in case of well-being issues, consult qualified medical professionals. Ensure the confidentiality of Your Account data, not share it with third parties, and notify the Company in case of unauthorized access to Your Account. Refrain from uploading data to the Service that is unrelated to Your well-being or contains prohibited materials. Not use automated tools or software for mass data collection or any unauthorized interference with the operation of the Service.

7.2. Rights and Obligations of the Company

The Company has the right to: Update, modify, expand, or temporarily suspend the Service, including adding new features, changing algorithms, or adjusting these Terms, with prior notice to You about these changes. Restrict or terminate Your access to the Service in case of rule violations, suspicion of fraud, or actions that may harm the platform or other consumers. Collect and analyze anonymous data about the usage of the Service to improve its quality, convenience, and functionality. Request additional information or identity verification if there are suspicions of improper use or technical issues related to Your Account. Make changes to the Terms, Privacy Policy, or the overall operation of the Service, with prior notification to You through the appropriate channels. The Company is obliged to: Maintain the stable operation of the Service within technical capabilities and respond promptly to technical failures that may affect Your interaction with it. Protect Your personal data and not disclose it to third parties without Your consent, except where required by law. Generate personalized Assistance based on verified sources and current algorithms that meet standards of accuracy and reliability. Notify You of significant changes to the Service, including updates to features, changes in the Terms, or the Privacy Policy. Provide technical support, respond to inquiries, and assist in resolving issues related to the use of the Service. The Company is not responsible for decisions made by You based on the Assistance received or for any actions taken by You outside of the Service.

8. Subscription and Services

8.1. Subscription and Payment Terms

Mark: Wellness Assistant operates on a subscription-based model. Subscriptions are purchased directly through the Application and processed securely via Stripe. Subscription fees are charged in advance on a recurring basis (monthly, quarterly, or annually), according to the selected plan. By subscribing, You authorize Stripe to automatically charge the applicable fee using the payment method You provide. You may cancel Your subscription within 24 hours of purchase to receive a full refund. After this period, subscription fees are non-refundable. Subscriptions can be managed or cancelled at any time via Your Account settings.

8.2. Price Changes and Notification

We reserve the right to modify subscription fees at any time. If there is a price change, We will notify You in advance through the Application, email, or other prominent means. If You do not wish to continue with the new pricing, You may cancel Your subscription before the new price takes effect. In cases where You cancel Your subscription, You will retain access to the Service until the end of the current billing period.

8.3. Automatic Renewal of Subscription

When You subscribe, You authorize us and our payment processor (Stripe) to automatically renew Your subscription at the end of each billing cycle. The renewal will be charged at the same rate as Your initial subscription unless We notify You in advance of a price change. You may opt out of automatic renewal at any time by following the cancellation instructions provided within the Application.

8.4. Subscription Cancellation and Refunds

You can cancel Your subscription at any time through the Application or by contacting our support team. Cancellation must be done before the next billing cycle to prevent being charged for the next period. Refunds are generally not provided for subscriptions except where required by applicable law. We may, at our discretion, offer refunds under specific circumstances, but all purchases are non-refundable unless stated otherwise.

8.5. Subscription Termination for Non-Payment

If payment for a subscription is not received, We will make reasonable efforts to notify You of the issue. However, if the issue is not resolved, We reserve the right to disable or terminate Your access to the Service without further notice. Your access will expire at the end of the current subscription period if payment is not made.

8.6. Modification of Subscription Terms

We may update our subscription terms from time to time. Any changes to these terms will be communicated through the Application, via email, or through other prominent notifications, and will be effective as specified in the communication.

9. Drop-Shipping for supplements

9.1. Drop-Shipping Model

Mark: Wellness Assistant currently offers wellness supplements through a drop-shipping model. This means that when You place an order for supplements, the product will be shipped directly from a third-party supplier to Your designated address. We do this to ensure You receive the products in the most efficient manner possible. While We work on introducing additional services and direct inventory management in the future, the current drop-shipping arrangement is temporary.

9.2. Availability of Products

We do our best to maintain up-to-date listings for all products. However, due to the nature of drop-shipping, product availability may vary. Occasionally, certain products may be out of stock or unavailable, and we will notify You of any such issues. You may be offered the option to select an alternative product or wait for the item to be restocked. However, We cannot guarantee the availability of all products at all times.

9.3. Shipping and Delivery Times

The shipping times for supplements ordered through our drop-shipping model depend on the third-party suppliers’ policies. Delivery estimates are provided at the time of Your purchase, but please note that they may vary due to unforeseen delays or the supplier’s processing times. If Your order is delayed, We will notify You and provide updates on its status.

9.4. Returns and Refunds for Supplements

Supplements purchased via our drop-shipping service are subject to the return and refund policies of the third-party suppliers. If You are unsatisfied with Your purchase, please contact us at support@markwealth.me for assistance with Your return. However, please note that returns for products sold through drop-shipping are governed by the supplier’s return policy, and may differ from the terms outlined in our general return policies.

9.5. Order Processing and Modifications

We reserve the right to refuse or cancel any order in our sole discretion, even after it has been placed. If We encounter any issues with Your order, such as missing or incorrect information, We may require additional verification before processing the order. We are not responsible for issues that arise from incorrect shipping details provided by You.

9.6. Inspection Upon Delivery

Upon receiving Your order, You are responsible for inspecting the products for any visible damage or issues. If You are not at home when Your delivery arrives, the courier will typically leave the package at Your doorstep or in Your mailbox. Anyone accepting a package at the delivery address will be presumed to have authorization to accept the delivery on Your behalf. In case of inclement weather or any unforeseen events affecting delivery (e.g., strikes, natural disasters, or technical issues), We will make every effort to deliver Your order as soon as possible. If the delivery of Your order is significantly delayed, We may cancel the order and provide You with a refund or credit for the full purchase price.

10.  Intellectual Property

10.1. Ownership of Service Content

You acknowledge that all text, images, logos, trademarks, compilations (meaning the collection, arrangement, and assembly of information), data, software, and other materials displayed on the Service or used by the Company to operate the Service (including the Application and Content) are proprietary to the Company or third parties. This excludes any Consumer Content (as defined below), which remains the property of the Consumer.

10.2. Intellectual Property Rights

The Company expressly reserves all rights, including intellectual property rights, to the content and materials described above. Except as expressly permitted by these Terms, You may not use, redistribute, sell, decompile, reverse engineer, disassemble, translate, or otherwise exploit the content in any way. Accessing the Service does not transfer to You or any third party any rights, title, or interest in or to any intellectual property associated with the Service.

10.3. Consumer Content

Any content, materials, or information You submit to Us during registration or upload, send, email, display, post, or otherwise transmit via the Service (including but not limited to text, images, photos, suggestions, reviews, comments, or any other material) (“Consumer Content”) remains Your intellectual property. By submitting Consumer Content, You retain all ownership rights to such content. We do not analyse the content of the photo, do not recognise faces and do not use the uploaded image for any technical or marketing purposes. It is just a visual detail that remains on Your Account.

10.4. Rights to Consumer Content

By submitting Consumer Content to the Service or to third-party social media platforms , You grant Persona a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display Your Consumer Content, in whole or in part, for any purpose (commercial or non-commercial), including advertising, publicity, promotional, or commercial purposes.

10.5. License Grant to the Company

While You retain ownership of Your Consumer Content, You agree to grant the Company a license under Section 9 of these Terms. This license allows the Company to retain copies of Your registration information and Consumer Content for operational purposes and to use such information in accordance with the Privacy Policy and the Terms.

10.6. License to Use the Service

Subject to these Terms, the Company grants You a non-transferable, non-exclusive license (without the right to sublicense) to (i) use the Service solely for Your personal, non-commercial purposes, and (ii) install and use the Application exclusively on Your personal mobile device (e.g., iPhone, Android) for personal, non-commercial use.

10.7. Compliance with License and Restrictions

You agree to use the Service in a manner consistent with the granted license and these Terms, ensuring that Your use does not infringe or violate the rights of third parties. You further agree to comply with all applicable laws, regulations, and ordinances in relation to the Service.

11. Prohibited Actions

You are prohibited from taking any actions that violate the provisions of this Agreement, the applicable laws of the United States or the state in which You are located, as well as generally accepted ethical, technical and professional standards, including actions that may harm the Service, other Consumers or the Company’s reputation. The Company reserves the right, at its sole discretion, to restrict, suspend or permanently terminate Your access to the Service in case of detection or reasonable suspicion of violation of these rules. Such blocking may take place without prior notice and without refunding any funds paid.

11.1. Prohibited Actions

You are prohibited from engaging in any activities that directly or indirectly contradict the goals of the Service, these Terms, or applicable laws. Such activities include, but are not limited to: Providing false data, including deliberately entering inaccurate or fabricated data about physical well-being, forged documents, test results, or personal data. Using the Service for the practice of medicine or providing medical recommendations to others; Using VPNs, proxies, or other technologies to bypass regional restrictions and download the Application in territories where it is officially unavailable. Using someone else’s Account without their consent or creating fake Accounts for manipulation, fraud, or testing restrictions. Misinterpreting the information received, including presenting Assistance as professional medical advice or the official position of the Company. Unauthorized interference with the Service’s operation, including hacking, attempting to bypass security systems, accessing servers, APIs, or internal infrastructure. Using the Service for commercial purposes (including selling access, placing ads, reselling results, aggregating data, etc.) without prior written consent from the Company. Posting or transmitting illegal content, including materials that infringe the rights of others, incite law violations, promote discrimination, violence, or cause deception. Attempting to technically bypass or modify the operation of the Service, including decompiling, reverse-engineering, using third-party tools to analyze or modify the source code. Using bots or automated tools to access the Service’s features, collect information, make bulk requests, or manipulate rating or reporting systems. The Company reserves the right to evaluate any actions for violation of these Terms and take appropriate measures without giving additional reasons if a violation or attempted violation is detected.

11.2. Actions for Service Protection

To ensure the secure operation of the Service, protect Your personal data, and prevent abuse, We have the right to take reasonable technical, organizational, and legal measures, including: Temporarily or permanently limiting Your access to certain features or the Service in general. Removing, modifying, or blocking any Content that violates this Agreement, including uploaded documents, images, symptom descriptions, or other data. Conducting automatic or manual monitoring of Your actions within the Service to prevent violations, ensure stability, and maintain security requirements. Reporting potential violations to competent authorities, including law enforcement or regulatory bodies, if Your actions may indicate a criminal offense or significant infringement of the rights of others.

12. Limitation of Liability

12.1. No Liability for Indirect, Consequential, or Punitive Damages

IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APPLICATION, CONTENT), PRODUCTS, OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE APPLICATION, CONTENT, AND CONSUMER CONTENT), AND THIRD-PARTY ADS, IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

12.2. Limitation of Aggregate Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APPLICATION, CONTENT, SERVICE, OR PRODUCTS, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.

12.3. Waiver of Rights for California Residents

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

12.4. Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT ONE OR ANY ASPECT OF THE LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARK: WELLNESS ASSISTANT OR ANY OF THE OTHER MARK: WELLNESS ASSISTANT PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME, OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT, THE ORDER, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY CONSUMER ON ANY INFORMATION OBTAINED FROM MARK: WELLNESS ASSISTANT, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MARK: WELLNESS ASSISTANT’S RECORDS, PROGRAMS, OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT, OR USE OF PRODUCTS PURCHASED FROM MARK: WELLNESS ASSISTANT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MARK: WELLNESS ASSISTANT AND THE OTHER MARK: WELLNESS ASSISTANT PARTIES (JOINTLY) EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) FOR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SITES OR CONTENT, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF MARK: WELLNESS ASSISTANT AND THE OTHER MARK: WELLNESS ASSISTANT PARTIES (JOINTLY) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE MARK: WELLNESS ASSISTANT AND THE OTHER MARK: WELLNESS ASSISTANT PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE MARK: WELLNESS ASSISTANT AND THE OTHER MARK: WELLNESS ASSISTANT PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH MARK: WELLNESS ASSISTANT PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” ACCESS TO THE MARK: WELLNESS ASSISTANT OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND/OR THROUGH THE MARK: WELLNESS ASSISTANT OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF MARK: WELLNESS ASSISTANT SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New York, United States of America, without reference to its conflicts of law rules. Any disputes, claims, or demands arising between You and the Company in connection with these Terms, the use of the Service, or any of its features, should, as far as possible, be resolved through direct, good-faith negotiations between the parties. We encourage open communication as the first step in resolving any disagreement. If the parties fail to reach an agreement within thirty (30) calendar days from the first written notice, the dispute may be referred to mediation. We will determine the format, time frame, and conditions of such mediation depending on the circumstances, and We reserve the right to limit or terminate the mediation at any stage. If mediation is not conducted or does not resolve the dispute, the dispute shall be subject to mandatory and final arbitration, conducted in accordance with the provisions of the Federal Arbitration Act (9 U.S.C. § 1 et seq.). Arbitration replaces judicial proceedings and is the only acceptable mechanism for final resolution of any legal claims between You and the Company that fall under these Terms. Arbitration Procedure: The arbitration will take place in the state of New York, USA, unless otherwise agreed upon in writing by the parties. The arbitration will be conducted by a single arbitrator appointed in accordance with the rules of the American Arbitration Association (AAA) or another neutral organization agreed upon by the parties. The arbitration is limited to an individual case review only. You and the Company waive the right to participate in any group, collective, or class actions, including class arbitration proceedings. Each case will be considered solely within the context of an individual process between You and the Company. The parties agree to waive the right to a jury trial and participation in group/class actions in any form, as permitted by law.

14. Miscellaneous provisions

14.1. No Waiver of Rights

No delay or omission by us in exercising any of our rights arising from Your noncompliance or default with respect to these Terms will impair any such right or be construed as a waiver thereof. A waiver by Mark: Wellness Assistant of any of the covenants, conditions, or agreements to be performed by You will not be construed as a waiver of any succeeding breach thereof or any other covenant, condition, or agreement contained herein.

14.2. Validity of Provisions

Except as otherwise expressly provided herein, these Terms constitute the entire agreement between You and Mark: Wellness Assistant regarding the subject matter, superseding all prior promises, agreements, or representations, whether written or oral, related to such subject matter. If any provision of these Terms is found to be invalid or unenforceable, these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

14.4. Assignment and Transfer

Mark: Wellness Assistant may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any means, including by novation. By accepting these Terms, You consent to such assignment and transfer. You confirm that the display of these Terms on the Service, indicating another person as a party to these Terms, constitutes valid notice to You of the transfer of Mark: Wellness Assistant’s rights and obligations under these Terms (unless otherwise expressly indicated).

14.5. Electronic Communication and Signature

All information communicated through the Service is considered electronic communication. By communicating with us through or on the Service, or via other forms of electronic media (such as email), You are communicating with us electronically. You agree that We may communicate electronically with You and that such communications, as well as notices, disclosures, agreements, and other communications we provide to You electronically, are equivalent to written communications and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You also agree that such communication may be conducted through third-party providers that allow us to manage and facilitate these electronic interactions efficiently and securely. In recognition of the diverse and complex nature of our Service, You acknowledge that We engage third-party providers for a broad range of services that support and enhance our offerings. This may include, but is not limited to, processing transactions, as well as other operational, technical, and logistical support functions. The use of third-party providers allows us to deliver our Service more efficiently and effectively. You further acknowledge and agree that by clicking on buttons such as “SUBMIT,” “CONTINUE,” “REGISTER,” “I AGREE,” or similar links or buttons, You are submitting a legally binding electronic signature and entering into a legally binding contract. Your electronic submissions constitute Your agreement and intent to be bound by these Terms. You HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

14.6. Force Majeure

In no event shall Mark: Wellness Assistant be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside Mark: Wellness Assistant’s reasonable control. These Terms constitute the entire agreement between You and Mark: Wellness Assistant relating to Your access to and use of the Service and Your order, receipt, and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You without the prior written consent of Mark: Wellness Assistant. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Mark: Wellness Assistant’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

15. Contact

If You want to send any notice under these Terms or have any questions regarding the Service and Products, You may contact us at: support@markwealth.me.