Wellabe offers members the opportunity to participate in Wellabe Rewards, our digital engagement program(“ Wellabe Rewards” or the “Program”). These Terms and Conditions, together with the most recent version of our Terms of Use and Privacy Notice, which are hereby incorporated by reference (collectively, “Terms and Conditions”) govern your participation in Wellabe Rewards, including any content, functionality, Points, Rewards, and services offered as part of the Program. For purposes of these Terms and Conditions, “Wellabe”, “we”, “Wellabe”, and “our” refer to Wellabe, Inc., and “you” and “your” refer to each participant in Wellabe Rewards.

Please read these Terms and Conditions before you participate in Wellabe Rewards. By participating in Wellabe Rewards, you accept and agree that you have read, understand, and agree to these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you are not authorized to participate in Wellabe Rewards and are not eligible for any Rewards offered through Wellabe Rewards. Continued participation in Wellabe Rewards or accessing Rewards and Points constitutes acceptance of these Terms and Conditions.

Your participation in Wellabe Rewards is expressly conditioned on your compliance with these Terms and Conditions, Wellabe Rewards communications and materials, any applicable laws and regulations, and all present and future terms, regulations, policies, and procedures that we, or any government entity, may adopt from time to time. As part of your participation in Wellabe Rewards, you agree to receive Wellabe Rewards material and communications that may include your protected health information sent to you by direct mail or email, from us or on our behalf, that we deem relevant or related to your participation in Wellabe Rewards. You acknowledge that there are certain risks associated with the use of email—it may not be secure, which means it could be intercepted and seen by others. If you wish to opt out of receiving communications, please contact rewards@wellabe.com.

Definitions

In addition to the capitalized terms defined elsewhere in these Terms and Conditions, the following terms shall have the meanings set out below.

No medical advice

By participating in Wellabe Rewards, you acknowledge that you are doing so voluntarily and with the understanding that Wellabe and its parents, affiliates, subsidiaries, employees, directors, and agents are not providing medical advice to you in connection with Wellabe Rewards. You understand that any activities, goals, or other information presented to you under Wellabe Rewards are for general education purposes only and are not medical advice or substitutes for a medical professional’s evaluation, diagnosis, and treatment. You should discuss any medical concerns you may have with health care professionals. Please consult with your health care professional prior to participating in Wellabe Rewards as the Qualifying Activities and Rewards may not be safe, appropriate, or effective for you. If you are experiencing a medical emergency, you should seek appropriate emergency medical assistance, such as calling “911.”

Assumption of risk

Participation in Wellabe Rewards, including without limitation, any activities, goals, or other incentives related to the program, may include physical exercise, biometric screening, and other health and fitness activities. These activities may involve risks or otherwise not be appropriate for all persons. You understand that regardless of your physical condition while engaged in Wellabe Rewards, certain elements of Wellabe Rewards may involve risk of injuries or aggravation of preexisting injuries, diseases, or physical conditions. Recommendations given in Wellabe Rewards materials are for healthy, active individuals without cardiovascular heart disease, risk factors, or other contraindications to exercise. Wellabe Rewards participants fully accept all risk and responsibility involved in engaging in the Program. Neither Wellabe nor its parents, affiliates, subsidiaries, employees, directors, and agents are liable for any loss, injury, or other adverse effects in connection with participation in Wellabe Rewards. Before taking part in these activities, consult with your health care professional for a thorough evaluation, review of your present condition, and guidance as to what screenings and activities are safe and appropriate for you.

Disclaimer of warranties

THE PROGRAM, INCLUDING THE PLATFORM, THE REWARDS, AND ALL QUALIFYING ACTIVITIES, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND/OR ACCURACY OF INFORMATION PROVIDED WITH RESPECT TO ANY REWARDS, THE PROGRAM, AND THE PLATFORM. WE FURTHER DISCLAIM ANY WARRANTIES THAT THE PROGRAM OR THE PLATFORM WILL BE FREE FROM COMPUTER VIRUSES OR WITHOUT TECHNICAL GLITCHES, ERROR FREE, INCLUDING WITHOUT LIMITATION FOR ANY FAILURE OF PERFORMANCE, INTERRUPTION, DELAY, OR DEFECT.

NEITHER WELLABE NOR ANY PERSON ASSOCIATED WITH WELLABE MAKES ANY WARRANTY WITH RESPECT TO THE RESULTS OBTAINED FROM PARTICIPATING IN THE PROGRAM, NOR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR OFFERINGS PROVIDED THROUGH THE PROGRAM OR PLATFORM. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR MISDIRECTED OR UNDELIVERABLE EMAIL OR MAIL, INCLUDING INTERNET TRANSMISSIONS OR CONNECTIVITY ISSUES FOR ANY COMPUTER, TELEPHONE, OR DEVICE USED TO ACCESS THE PROGRAM, SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, OR PROGRAM UNAVAILABILITY, THE INCORRECT OR INACCURATE CAPTURE OF REGISTRATION INFORMATION, OR THE FAILURE TO CAPTURE, OR LOSS OF, ANY SUCH INFORMATION, EVEN IF ANY SUCH FAILURE RESULTS IN YOUR INABILITY TO REDEEM A REWARD. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, OR TECHNICAL ERROR.

The Rewards are offered as a perquisite and your participation in the Program does not entitle you to receive a reward, even if you have completed a Qualifying Activity.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Release and limitation of liability

YOU AGREE TO FULLY ACCEPT ALL RISKS AND LIABILITY RESULTING FROM PARTICIPATION IN WELLABE REWARDS, INCLUDING, WITHOUT LIMITATION, ENGAGEMENT IN ANY QUALIFYING ACTIVITY, AND/OR THE ACCEPTANCE OR USE OF ANY REWARD. YOU HEREBY RELEASE AND DISCHARGE WELLABE, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITIES, LOSSES, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION (“LOSSES”) WHICH MAY ARISE FROM YOUR PARTICIPATION IN WELLABE REWARDS, INCLUDING YOUR USE OF OR INABILITY TO USE THE PROGRAM.

THIS RELEASE AND LIMITATION OF LIABILITY COVERS ALL LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. FURTHER, THIS RELEASE AND LIMITATION OF LIABILITY COVERS ALL CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS RELEASE OF LIABILITY AND WAIVER IS INTENDED TO COVER ALL OTHER ACTS OR OMISSIONS OF WELLABE EVEN IF SUCH ACT OR OMISSION IS THE RESULT OF INTENTIONAL, RECKLESS, GROSSLY NEGLIGENT, OR NEGLIGENT CONDUCT. YOU UNDERSTAND THIS RELEASE AND WAIVER IS CONTRACTUAL AND NOT A MERE RECITAL. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ IT FULLY AND UNDERSTAND IT, AND YOU VOLUNTARILY ACCEPT ALL TERMS AND CONDITIONS CONTAINED HEREIN.

Eligibility

Only Wellabe members are eligible to participate in the Program.

Earning rewards

Participation in Wellabe Rewards allows you to access certain health-related activities. You may earn Points as designated in the platform for completing certain Qualifying Activities. All Qualifying Activities must be completed in the timeframe specified for the activity to qualify for Points. You understand that you may not be eligible to participate in all of the Qualifying Activities offered through the Program and not all activities may be visible to you on your Program dashboard.

For requirements and other stipulations regarding Qualifying Activities and the earning of Points, please review the descriptions of each specific activity. Terms and conditions specific to Wellabe Rewards benefits are set forth in the applicable sections of this platform. You cannot obtain Points for Qualifying Activities retroactively. Points will be credited only to the account of the Wellabe Rewards Member completing the Qualifying Activity within the Wellabe Rewards website. You are responsible for ensuring that your Qualifying Activities are properly logged and any Points are appropriately credited. If you believe that Points have been earned but not properly credited, you may be required to submit documentation or other proof satisfactory to Wellabe. Please allow up to two weeks from submission for most activities to be credited. All questions or concerns regarding the awarding of Points must be made to rewards@wellabe.com within 90 days of completion of the Qualifying Activity.

Expenses

You may incur expenses in connection with certain Qualifying Activities (e.g., biometric screenings or annual wellness and prevention visits, etc.), and Wellabe is not responsible for such expenses.

Non-transferable

Points and Rewards are not transferable and may not be combined among Members, your estates, successors, and assignees.

Redemption

Your Points will be reflected in your Points balance/history on Wellabe Rewards. Members can redeem Points towards Rewards selected only within the Wellabe Rewards website. Terms and conditions specific to reward redemption are set forth in the applicable sections of this platform. Points cannot be redeemed for cash or transferred to another Member.

Redemption process

Upon redemption, you will be provided with a unique reward code or URL. To access your Reward, you will be directed to the Vendor’s website to follow the Vendor’s redemption instructions. Upon redeeming your reward code or accessing with a unique URL, your relationship will be with the Vendor. Wellabe and Wellabe Rewards are not responsible for your ongoing relationship with the Vendor. Please read their terms and conditions carefully before proceeding. Wellabe will only provide the Vendor any data or information as necessary to confirm eligibility for the Reward. Your ongoing relationship, including any data and information you share, is solely between you and the Vendor; provided that the Vendor may provide certain limited information to Wellabe to confirm your subscription.

Liability

Wellabe and Wellabe Rewards are not liable for any issues arising from your relationship with the Vendor, including but not limited to product quality, service delivery, or data privacy. Please read their terms and conditions carefully before proceeding.

Member termination

Should your membership with Wellabe terminate (i.e., if you choose to terminate your policy(ies) by which you receive membership), your ongoing relationship with the Vendor will be your responsibility, including any and all related ongoing subscription fees. If your membership terminates, your access to and any Points accrued in Wellabe Rewards will be removed if the policy is not reinstated.

Points redeemable solutions

Wellabe Rewards will cover the cost of one (1) selected subscription term, including any applicable taxes, associated with the initial license or code purchase as detailed in Wellabe’s agreement with the Vendors. This benefit is exclusively available for redemption by Wellabe Members using Points earned for a unique access code or URL.

Any subsequent subscription term agreements and fees incurred following this period will be solely between you and the Vendors; unless you opt to redeem additional Points for a subsequent subscription access code or URL, subject to your point availability at said subscription renewal. Subscriptions will not auto renew through Wellabe Rewards—you must affirmatively elect any subsequent renewal.

If you choose not to utilize your Points—or lack sufficient Points—for continued access beyond your initial subscription term, all financial responsibilities pertaining to the Vendors’ services will revert to you. Wellabe assumes no obligation regarding taxes or fees for any subsequent term in that scenario.

Tiered solutions

Wellabe Rewards will cover the cost of one (1) annual subscription with the Vendor, available based on tier availability, including any applicable taxes, as detailed in Wellabe’s agreement with the Vendor.

Your availability to select a new tiered solution will be based on the following:

Privacy and personal information

Wellabe Rewards access and registration

To participate in Wellabe Rewards, certain personal information is required. Members are required to complete an online registration prior to accessing Wellabe Rewards. During registration, a Member is required to provide certain personal/policy information so that the Member can be correctly identified and matched with your profile. Required information will be indicated as such on the registration form. Additional information may be collected to keep your profile up to date.

Wellabe Rewards participation

When you engage with Wellabe Rewards and any Qualifying Activities, Wellabe will collect and process information which may be personal information for the purpose of providing Wellabe Rewards services such as: generating and updating a personalized profile, recommending certain activities and materials, administering Rewards, and providing customer service. Vendors may report certain limited information regarding redemptions to Wellabe.

Wellabe Privacy Notice

All collection and processing of Personal Information will be done in accordance with Wellabe’s Privacy Notice, a copy of which can be found within the Wellabe Rewards platform under Legal and Privacy Center.

Changes to terms and conditions

Wellabe has sole discretion in administering Wellabe Rewards’ Terms and Conditions. Wellabe reserves the right to change or modify these Terms and Conditions from time to time, and such changes will be posted on this or a similar page and/or emailed or mailed to you. You agree that it is your responsibility to review these Terms and Conditions regularly and your continued participation in Wellabe Rewards constitutes consent to any changes to the Terms and Conditions.

Termination of participation

Wellabe reserves the right to suspend or terminate your participation in the Program if you violate these Terms and Conditions and/or if you engage in any misuse or abusive, fraudulent, or otherwise unlawful activity. Your participation in the Program will also be terminated if you cease to be a Member. In either case, upon suspension or termination, all services, Rewards, and other benefits of the Program will cease immediately and will not be reinstated. However, certain benefits that have been taxed as income will still be available for you to use through a standalone marketplace.

Waiver and severability

We may waive compliance with these Terms and Conditions in our sole discretion. Notwithstanding the foregoing, our failure to exercise any of our rights under these Terms and Conditions, or delay in enforcing or exercising any of those rights, shall not constitute a waiver of such rights.

If any clause within these Terms and Conditions is found to be illegal or unenforceable, that specific clause will be severed from these Terms and Conditions, and the remainder of these Terms and Conditions will be given full force and effect.

Right to revoke

Wellabe is the final authority on qualification for Wellabe Rewards and reserves the right to deny or revoke Points or Rewards at any time if Wellabe determines that such Points or Rewards were improperly given.

Questions

If you have any questions about Wellabe Rewards, please email us at rewards@wellabe.com. We aim to respond promptly to all questions or concerns. Business hours are Monday–Friday, 8:30 a.m. to 5 p.m. Central time.