Wisp Terms of Service
Last Updated: 3/16/26
Welcome, and thank you for your interest in Wisp, Inc. (“Wisp,” “we,” or “us”) and our website at www.hellowisp.com, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). For the avoidance of doubt, “Service” does not include the receipt or provision of healthcare services to users via the Service (collectively, “Medical Services”). These Terms of Service are a legally binding contract between you and Wisp regarding your use of the Service.
Wisp is affiliated with medical professional entities and their affiliated medical service providers (the professional entities collectively, the “Practices”). Wisp provides management, administrative, technology services and other certain non-medical services to the Practices. The Practices provide Medical Services. Wisp’s Medical Terms of Service (the “Medical Terms of Service”) govern the provision by the Practices of, and your access to and use of, the Medical Services. Please read the Medical Terms of Service carefully before accessing or using the Medical Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING WISP’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND WISP’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY WISP AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF WISP AT THE PHONE NUMBER YOU PROVIDE TO US. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THAT THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY AND MAY USE A PRERECORDED OR ARTIFICIAL VOICE (INCLUDING AI-GENERATED VOICE), THAT YOUR COMMUNICATIONS MAY BE RECORDED BY US AND OUR SERVICE PROVIDER, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE. YOU UNDERSTAND THAT TEXT MESSAGES ARE NOT SECURE FORMS OF COMMUNICATION.
1 Wisp Service Overview. Wisp provides a platform that enables users to purchase certain products and/or services related to health and wellness (“Products”) and enables users to connect and communicate with licensed care providers (“Licensed Practitioners”), access diagnostic and testing services provided by third-party laboratories (“Labs”), and access prescription fulfillment services offered by one of our mail order pharmacy partners (“Mail Order Pharmacies”).
2 Disclaimers. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT: (a) WISP DOES NOT PROVIDE ANY MEDICAL ADVICE; AND (b) INFORMATION AVAILABLE ON OUR WEBSITE AND THE SERVICE IS FOR GENERAL INFORMATIONAL OR WELLNESS PURPOSES ONLY, DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT INTENDED TO TREAT OR DIAGNOSE ANY DISEASE OR MEDICAL CONDITION. YOU ACKNOWLEDGE AND AGREE THAT WISP IS NOT A HEALTHCARE PROVIDER AND THAT BY USING THE SERVICES, YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT RELATIONSHIP WITH WISP. YOU MAY ENTER INTO A DOCTOR-PATIENT OR OTHER HEALTHCARE PROVIDER-PATIENT RELATIONSHIP BY AGREEING TO RECEIVE MEDICAL SERVICES UNDER A SEPARATE AGREEMENT WITH AN AFFILIATED MEDICAL PRACTICE OR THEIR LICENSED PRACTITIONERS ACCESSED THROUGH THE PLATFORM OR VIA THE SERVICE. WISP DOES NOT CONTROL ANY PROFESSIONAL SERVICES PROVIDED BY THIRD-PARTY LABS, PHARMACIES, AND MEDICAL PRACTICES OR OTHER HEALTHCARE PROVIDERS, EACH OF WHICH IS SOLELY RESPONSIBLE FOR THEIR PROVISION OF PROFESSIONAL SERVICES RENDERED VIA THE PLATFORM OR SERVICE. IF YOU HAVE ANY QUESTIONS ABOUT YOUR SYMPTOMS OR A MEDICAL CONDITION, PLEASE CONSULT WITH YOUR DOCTOR OR A MEDICAL PROFESSIONAL. HOW YOU EVALUATE AND USE THE INFORMATION PROVIDED BY WISP AND HOW YOU DECIDE TO USE PRODUCTS PURCHASED THROUGH THE SERVICE IS ENTIRELY UP TO YOU. YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE YOU BEGIN OR CHANGE ANY MEDICAL TREATMENT. IF YOU HAVE ANY MEDICAL CONDITION THAT YOU BELIEVE COULD BE AFFECTED BY ANY PRODUCTS PURCHASED THROUGH THE SERVICE, CONSULT WITH YOUR PHYSICIAN PRIOR TO USING SUCH PRODUCTS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, GO TO YOUR NEAREST EMERGENCY ROOM OR DIAL 9-1-1.
3 Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you are located in the United States; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
4 Accounts and Registration. To access certain features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@hellowisp.com.
5 Product Terms
5.1 Prescription Products. Certain Products available through the Service require a valid prescription by a licensed healthcare provider (“Prescription Product”). You will not be able to purchase a Prescription Product from the Service unless you have agreed to the Medical Terms of Service and completed a consultation, as described in the Medical Terms of Service, with a Licensed Practitioner, such Licensed Practitioner determined the Prescription Product is appropriate for you, and such Licensed Practitioner wrote a prescription for the Prescription Product. If a Licensed Practitioner writes a prescription for a Prescription Product, you may elect to either: (a) fill the prescription through one of the Mail Order Pharmacies and have the Prescription Product shipped to you, or (b) fill the prescription for the Prescription Product through a local pharmacy that you select through the Service. If you elect to fill a prescription for a Prescription Product through one of the Mail Order Pharmacies, the costs associated with the Prescription Product will be included in the fees charged to you through the Service. If you fill a prescription for a Prescription Product with a pharmacy other than the Mail Order Pharmacies, the Service will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the Prescription Product and paying the pharmacy directly for the cost of the prescription product. Prescription Products available through the Service are “Third-Party Products and Services” as described in Section 9.1 (Third-Party Products and Services).
5.2 Laboratory Products. Wisp may allow you to purchase at-home sample collection kits and phlebotomy services, and related laboratory services (“Laboratory Products”). The Laboratory Products are provided by Labs and Wisp only facilitates the provision of such Laboratory Products. If you purchase a Laboratory Product, an at-home collection kit will be mailed to you on behalf of the applicable Lab to the address specified at checkout. You are responsible for collecting and submitting samples in accordance with all notices and instructions included in or with such Laboratory Product. If you do not provide an adequate sample or do not return the sample within the timeframe set forth in the instructions, the applicable Lab may not be able to process your sample. The Lab sends the results of the tests to a Licensed Practitioner who releases the test results to you via the Service. Depending on your test results, a Licensed Practitioner may attempt to contact you to discuss your results and possible treatment options. By using Laboratory Products, you acknowledge that lab testing has inherent limitations, and that Labs may not identify any or all conditions or risks. You should seek the advice of a qualified healthcare provider with any questions you may have regarding your results or any other medical or health condition. Such healthcare providers may require further testing to diagnose or treat you. Laboratory Products available through the Service are “Third-Party Products and Services” as described in Section 9.1 (Third-Party Products and Services).
5.3 Shipping Charges. If you order Products through the Service, we will list shipping charges (if any) for such Products upon checkout, and you must pay any specified shipping charges for the location of the address you provide.
5.4 Delivery. Wisp will attempt in good faith to deliver your Products in accordance with your order, but Wisp will not be responsible or liable for any delays or failure in such delivery. Wisp expressly reserves the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at Wisp’s discretion. Your Products will be delivered to the delivery address you specify when placing the order for such Products. You will assume the risk for the Products once they have been delivered to the delivery address which you specified when you ordered your Products. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. Wisp will not be responsible or liable for any delay or failure to deliver due to any cause that is unavoidable or beyond Wisp’s reasonable control. In such cases, Wisp will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
5.5 Returns & Refunds. Unless specified in this Section 5.5 (Returns & Refunds), all sales of Products on the Service are final, and Wisp does not provide any refunds, returns, or exchanges for Products purchased through the Service. Wisp may decide to provide a refund or replacement Product if: (a) a Product is out of stock; (b) a Prescription Product is unavailable at local pharmacies; (c) a Product arrives damaged, broken, or otherwise defective; or (d) you did not receive a Product that you purchased. In order to receive a refund, Wisp may require that you submit information, photos, or other documentation related to your purchase, including photos of any products that arrived damaged or defective. If Wisp sends you a replacement Product, you will not receive a refund. Wisp does not provide any refunds for Products purchased on the Service, except at its sole discretion. Due to the nature of our products and service offerings, Wisp does not accept returns. Should you need to dispose of unused or expired medications, see additional information posted by the FDA here: https://www.fda.gov/drugs/safe-disposal-medicines/disposal-unused-medicines-what-you-should-know.
6 General Payment Terms.
6.1 Prices & Fees. Wisp reserves the right to determine pricing for all Products and services available on the Service. Fees for a Product or service will be specified in the relevant product page. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices, discounts, and promotions posted on the Service are subject to change without notice, provided that price increases will only apply to orders placed after such changes or, if you have purchased a Subscription Service, upon the start of your next renewal Subscription Period. Wisp will make reasonable efforts to keep pricing information published on the Service up to date. Wisp, at its sole discretion, may make promotional offers with different features and different pricing to any of Wisp’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
6.2 Payment. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. In order to process your payment, we currently use Stripe, a third-party payment processor.
6.3 Authorization. You authorize Wisp or its third-party payment processor to charge all sums for the orders that you make on the Service as described in these Terms or published by Wisp, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Wisp or its third-party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
6.4 Subscription Service. Certain Products, including certain Prescription Products, offered via the Service may be available on a subscription or refill basis with automatically recurring payments for periodic charges (“Subscription Service”), pursuant to a prescription on file and/or third-party or additional terms and conditions, as applicable to the subscription product. The “Subscription Billing Date” for a Subscription Service is the date when you first purchase such Subscription Service. THE SUBSCRIPTION SERVICE WILL BEGIN ON THE SUBSCRIPTION BILLING DATE AND CONTINUE FOR THE SUBSCRIPTION PERIOD THAT YOU SELECT FOR SUCH SUBSCRIPTION SERVICE (SUCH PERIOD, THE “INITIAL SUBSCRIPTION PERIOD”). THE SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PERIOD (EACH RENEWAL PERIOD, IF ANY, IS A “RENEWAL SUBSCRIPTION PERIOD”) UNLESS YOU CANCEL THE SUBSCRIPTION SERVICE, THE APPLICABLE PRESCRIPTION HAS EXPIRED, OR WE TERMINATE IT. If the Subscription Service is for the recurring purchase of a Prescription Product (“Prescription Subscription”), then the Prescription Subscription will not automatically renew until the patient completes the renewal patient intake form and aLicensed Practitioner has reviewed the form. If medically appropriate the renewal is processed for the Prescription Product. If you do not have a valid prescription for the Prescription Product from a Licensed Practitioner on the intended start date of a new Renewal Subscription Period, the Prescription Subscription will not automatically renew, and you will not be billed for the Renewal Subscription Period until the date that you receive a valid prescription and Wisp processes your Prescription Product renewal. If you activate a Subscription Service, then you authorize Wisp or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. WHEN YOU ORIGINALLY SIGN UP FOR A SUBSCRIPTION, YOU WILL BE CHARGED AN INITIAL SUBSCRIPTION FEE, THEN WILL BE CHARGED AN ADDITIONAL FEE (THESE FEES ARE AVAILABLE ON THE PAGE FOR THE PARTICULAR PRODUCT OR SERVICE) (EACH, A “SUBSCRIPTION FEE”) FOR EACH SUBSEQUENT SUBSCRIPTION REFILL (THE COST OF THE RELEVANT MEDICATION WILL VARY AND MAY NOT BE INCLUDED IN THE INITIAL SUBSCRIPTION FEE IF YOU ELECT TO PICK UP THE SUBSCRIPTION FROM A PHARMACY THAT IS NOT A MAIL ORDER PHARMACIES). THERE IS NO OBLIGATION TO PURCHASE ANY SUBSCRIPTION REFILL OR RENEWAL. THIS COST IS SUBJECT TO CHANGE. Your account will be charged automatically on the Initial Subscription Billing Date and, thereafter on the refill or renewal date of your Subscription Service for all applicable fees and taxes for the next Renewal Subscription Period, unless you have purchased a Prescription Subscription,. If you have enrolled in a Prescription Subscription, the fees for a Renewal Subscription Period will not be charged until the date that Wisp processes a valid prescription for the Prescription Product. YOU MUST CANCEL YOUR SUBSCRIPTION SERVICE, INCLUDING ANY PRESCRIPTION SUBSCRIPTION, AT LEAST 48 HOURS BEFORE THE FIRST DAY OF THE REFILL OR RENEWAL SUBSCRIPTION PERIOD IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT. Wisp or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. YOU MAY CANCEL THE SUBSCRIPTION SERVICE BY CONTACTING US AT SUPPORT@HELLOWISP.COM OR THROUGH THE PATIENT PORTAL. YOUR CANCELLATION MUST BE RECEIVED AT LEAST 48 HOURS BEFORE THE FIRST DAY OF THE REFILL OR RENEWAL SUBSCRIPTION PERIOD IN ORDER TO AVOID CHARGE FOR THE NEXT REFILL OR RENEWAL SUBSCRIPTION PERIOD.
6.5 Delinquent Accounts. Wisp may suspend or terminate access to the Service and stop providing Products that are purchased using a Subscription Service for any account for which any amount is due but unpaid. In addition to the amount due for the Product, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a refill or renewal Subscription Fee is due, then Wisp reserves the right to delete your account, including any information associated with your account, and stop providing any Products that are part of a Subscription Service without any liability to you.
7 Licenses
7.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Wisp grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
7.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
7.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Wisp an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
8 Ownership; Proprietary Rights. The Service is owned and operated by Wisp. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Wisp (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Wisp or its third-party licensors. Except as expressly authorized by Wisp, you may not make use of the Materials. There are no implied licenses in these Terms and Wisp reserves all rights to the Materials not granted expressly in these Terms.
9 Third-Party Services and Products
9.1 Third-Party Products and Services. Certain Products available for purchase or use through the Service are provided, manufactured, distributed, or otherwise made available by third parties, including by Labs, Mail Order Pharmacies, Licensed Practitioners, and the Practices (“Third-Party Products and Services”). Your use of any Third-Party Products and Services and any interactions with the third parties providing such Third-Party Products and Services (“Third-Party Providers”) and any other terms, conditions, warranties, or representations associated with such use or interactions, are solely between you and such Third-Party Providers. You acknowledge that use of Third-Party Products and Services and other telehealth and medical services are subject to additional terms and conditions, including the Medical Terms of Service and related patient consents. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Party Providers or any Third-Party Products and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
9.2 Third-Party Services and Linked Websites. Wisp may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize Wisp to transfer that information to the applicable third-party service. Third-party services are not under Wisp’s control, and, to the fullest extent permitted by law, Wisp is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Wisp’s control, and Wisp is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Wisp will have no control over the information that has been shared.
9.3 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
10 User Content
10.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Submit”) content to the Service, including images, data, text, information, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Submit to the Service, subject to the licenses granted in these Terms. You agree to pay all monies owing to any person or entity resulting from Submitting your User Content and from Wisp’s exercise of the license set forth in this Section.
10.2 Limited License Grant to Wisp. By Submitting User Content to or via the Service, you grant Wisp a worldwide, non-exclusive, irrevocable, sublicensable, perpetual, royalty-free, fully paid right and license to reproduce, modify, copy, host, store, disclose, transmit, transfer, and create derivative works, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instances whether now known or hereafter developed, in each case only as necessary to: (a) provide, operate, and improve the Service and other services of Wisp and its affiliates, and (b) derive or generate information, such as technical logs, data, and learnings about use of the Service (“Service Data”). Wisp may store, use and/or process your User Content in an anonymized and aggregated form and Service Data for its internal business purposes, as well as to improve and create its products or services and those of its affiliates.
10.3 User Content Representation and Warranties. You must have rights to the User Content you Submit to the Service. Wisp disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Wisp to use your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Wisp, the Service, and these Terms; and
b) your User Content, and the Submission or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Wisp to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties.
10.4 User Content Disclaimer. We are under no obligation to edit or control User Content and will not be in any way responsible or liable for User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Wisp with respect to User Content.
10.5 Monitoring Content. Wisp does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time we choose to monitor the content, then we still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Wisp may remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Submitted such User Content to the Service.
11 Communications
11.1 Text Messaging & Phone Calls. You agree that Wisp and those acting on our behalf may call and send you text (SMS or MMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system and may use a prerecorded or artificial voice or video (including an AI-generated voice or video). The call may be recorded by us and our service provider. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM WISP, YOU CAN EMAIL SUPPORT@HELLOWISP.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM WISP, YOU CAN EMAIL SUPPORT@HELLOWISP.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
11.2 Chatbots Powered by Artificial Intelligence. We and our service provider may provide chatbots on the Service to streamline and enhance your use of the Service by providing administrative, informational, and navigational assistance, such as directing users to various features of the Service. The responses by the chatbots are generated by artificial intelligence and not by a human being. The chatbots do not provide medical, clinical, diagnostic, treatment, or other regulated advice or services, and you should not rely on chatbot responses as a substitute for advice from a qualified professional, including a medical professional. The chatbots are not intended to, and do not, engage in the practice of medicine or any other licensed profession. We and our service provider may monitor, record, and retain your interactions with the chatbots.
11.3 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
12 Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
12.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
12.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
12.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
12.4 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Wisp;
12.5 interfere with security-related features of the Service, including by: disabling or circumventing features that prevent or limit use, printing, or copying of any content; or reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
12.6 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; making any unsolicited offer or advertisement to another user of the Service; collecting personal information about another user or third party without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
12.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
12.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
12.9 attempt to do any of the acts described in this Section 12 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 12 (Prohibited Conduct).
13 Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 13 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
14 Term, Termination, and Modification of the Service
14.1 Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and end when terminated as described in Section 14.2 (Termination).
14.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Wisp may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at support@hellowisp.com
14.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; you will no longer be authorized to access your account or the Service; (b) you must pay Wisp any unpaid amount that was due prior to termination; and (c) all payment obligations accrued prior to termination and Sections 2 (Disclaimers), 7.3 (Feedback), 8 (Ownership; Proprietary Rights), 14.3 (Effect of Termination), 15 (Indemnity), 16 (Disclaimers; No Warranties by Wisp), 17 (Limitation of Liability), and 18 (Miscellaneous) will survive. Upon termination of your account, you may lose access rights to any User Content you Submitted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
14.4 Modification of the Service. Wisp reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Wisp will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.
15 Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Wisp, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Wisp Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16 Disclaimers; No Warranties by Wisp
16.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WISP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WISP DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WISP DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
16.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR WISP ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WISP ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM (a) THIRD-PARTY PRODUCTS AND SERVICES; (b) YOUR ABILITY OR INABILITY TO OBTAIN A PRESCRIPTION FOR A PRESCRIPTION PRODUCT; (c) THE RESULTS OF ANY LABORATORY PRODUCT, INCLUDING YOUR USE OF OR RELIANCE ON SUCH RESULTS; (d) YOUR USE OF THE SERVICES OR PRODUCTS AND SERVICES PROVIDED BY LABS, THIRD-PARTY PROVIDERS, LICENSED PRACTITIONERS, PHARMACIES, OR THE PRACTICES; AND (e) YOUR DEALING WITH ANY THIRD-PARTY PROVIDER OR ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
16.3 YOU ACKNOWLEDGE AND AGREE THAT WISP DOES NOT MANUFACTURE THE PRODUCTS OFFERED ON OUR SERVICE. THE AVAILABILITY OF PRODUCTS THROUGH OUR SERVICE DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCT, SERVICE, OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED ON OUR SERVICE.
16.4 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 (DISCLAIMERS; NO WARRANTIES BY WISP) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Wisp does not disclaim any warranty or other right that Wisp is prohibited from disclaiming under applicable law.
17 Limitation of Liability
17.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE WISP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY WISP ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 17.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE WISP ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO WISP FOR PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
17.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18 Miscellaneous
18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Wisp regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Wisp submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We make no representation that Materials included in the Service are appropriate or available for use in any other jurisdiction.
18.3 Privacy Policy. Please read the Wisp Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Wisp Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.6 Contact Information. The Service is offered by Wisp, Inc. with a mailing address of 548 Market Street, Suite 52789, San Francisco, California 94104. You may contact us by sending correspondence to that address or by emailing us at support@hellowisp.com.
18.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.