Wellness Wag Terms & Conditions

Effective Date: October 23rd, 2026

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE WELLNESS WAG WEBSITE.

These Terms form a legal agreement (“Agreement”) between Wellness Wag and you, the individual (“you” and “your”) concerning your access to and use of the Wellness Wag website and any of its content or features (“Website”), Wellness Wag’s proprietary platform and any of its content or features (“Platform”), and any services offered through the Website and Platform, including emotional support animal (“ESA”) letters, psychiatric service dog (“PSD”) letters, teletherapy appointments, and other telehealth evaluations, appointments, and services we offer or may offer (collectively, “Services”). Use of the Website, Platform or any Services constitutes your acceptance of these Terms. Please print a copy of these Terms for your records.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE, THE PLATFORM, OR THE SERVICES.

ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION 14 OF THESE TERMS, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND WELLNESS WAG THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER DETAILED IN SECTION 14.

1. Services

Wellness Wag provides the following services, without limitation:

• General, educational information regarding medical and mental health conditions that may qualify for an ESA letter, a PSD letter, or other Services;
• Where permitted by applicable state law, technology that enables access to telehealth evaluations and appointments, including teletherapy appointments, with independently licensed health care providers who evaluate patients’ medical and mental health conditions and, in the exercise of their professional judgment, determine whether an ESA letter, PSD letter, or other recommendation or service is appropriate; and
• Assistance for qualified users with navigating request procedures for ESA letters, PSD letters, and other Services by making state-specific forms and general instructions readily available.

Wellness Wag connects you with independently licensed providers for ESA letters and PSD letters. If a licensed provider approves your request, we strive to deliver your ESA/PSD letter within 24 hours of approval, except in states where a legal waiting period applies (currently Arkansas, California, Iowa, Louisiana, and Montana), where delivery may take up to 30 days as required by law. Upon placing an order, you will receive a confirmation email with details of your purchase. If you do not receive this email, please check your spam folder or contact us at [email protected].

1.1. No Government Affiliation; No Outcome Guarantees

Wellness Wag is a private service provider and is not affiliated with, endorsed by, or acting on behalf of any state agency or government authority. Use of the Services does not guarantee any particular outcome, including eligibility determinations, letters, recommendations, or other determinations by licensed health care providers, or approvals by any state agency or government authority.

The content made available through the Website, Platform, and Services, including state-by-state eligibility information and procedural guidance, is general and educational in nature and may not reflect the most current requirements of any state agency or government authority. You are responsible for reviewing current state requirements and ensuring the accuracy and completeness of any application you submit.

1.2. Not a Health Care Provider

Wellness Wag does not perform, direct, supervise, or influence the clinical evaluation or decision of any licensed health care provider, including any decision whether to issue an ESA letter, PSD letter, or other recommendation; those decisions rest solely with the independent provider. Wellness Wag is not a medical group, does not practice medicine, and does not provide professional medical or legal advice. For the avoidance of doubt, Wellness Wag is not a health care provider and is not subject to HIPAA. Wellness Wag’s role is limited to enabling your access to telehealth evaluations, teletherapy appointments, and other Services provided by independently licensed health care providers. 

By agreeing to these Terms, you acknowledge and agree that in providing the Services to you, Wellness Wag is not acting as a health care provider, and you are not establishing a doctor-patient or any other health care provider-patient relationship between Wellness Wag and you.

If you think you have a medical emergency, call 911 immediately. Wellness Wag does not have a 24-hour hotline for medical emergencies and does not handle requests in crisis situations, such as if you are feeling suicidal or in need of immediate assistance due to an emotional crisis. If you are in crisis, please contact a crisis help line or service provider, such as the 988 Suicide & Crisis Lifeline (call or text 988), the National Domestic Violence Hotline at 800-799-SAFE (800-799-7233), or the National Child Abuse Hotline at 800-4-A-CHILD (800-422-4453), or another resource of your choice.

1.3. Compliance; State-Specific Terms

Wellness Wag is committed to compliance with applicable laws and regulations, including those governing professional licensure, the physician-patient relationship, telehealth, and state and federal requirements related to ESA letters, PSD letters, and other Services. Because requirements vary by state, access to certain features, forms, or submission methods may differ or be unavailable based on your state of residence or the rules of the relevant state agency or government authority. Where state law requires specific disclosures, authorizations, or processes, those state-specific terms are incorporated into and made part of these Terms.

1.4. Medical Records Retrieval Service

If you do not have your medical records readily available to support your request for an ESA letter, PSD letter, or other Services, Wellness Wag offers an optional Medical Records Retrieval Service. This service allows you to authorize Wellness Wag to request and obtain relevant medical records from your healthcare providers on your behalf. Use of the Medical Records Retrieval Service is voluntary and subject to the terms of this Section.

Authorization to Retrieve Medical Records. By electing to use the Medical Records Retrieval Service, you authorize Wellness Wag to act as your authorized representative to request, receive, and review medical records from the healthcare providers you identify. This authorization includes permission for Wellness Wag to: (i) contact your designated healthcare providers; (ii) request copies of medical records relevant to your ESA letter request; (iii) receive and securely store such records; and (iv) use such records solely for the purpose of facilitating the Services, including sharing relevant information with the independently licensed health care providers who may evaluate your eligibility for an ESA letter, PSD letter, or other Services. This authorization is intended to comply with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable federal and state laws governing the release of medical information.

Your Responsibilities. To use the Medical Records Retrieval Service, you must: (i) provide accurate and complete information about your healthcare providers, including names, addresses, phone numbers, and fax numbers; (ii) complete and sign any authorization forms required by Wellness Wag or your healthcare providers; (iii) ensure that you have the legal right to authorize the release of the requested medical records; and (iv) promptly respond to any requests for additional information or documentation. You are responsible for notifying your healthcare providers of this authorization if required. Wellness Wag is not responsible for any failure to obtain records resulting from inaccurate or incomplete information you provide.

Limitations and Disclaimers. Wellness Wag does not guarantee that it will be able to obtain your medical records. Healthcare providers may refuse to release records, impose fees, require additional authorization, or experience delays in responding to requests. Wellness Wag is not responsible for: (i) any refusal, delay, or failure by a healthcare provider to release records; (ii) the accuracy, completeness, or content of any medical records received; (iii) any fees charged by healthcare providers for copying or releasing records (which are your responsibility); or (iv) any decisions made by licensed health care providers or governmental authorities based on the records obtained. Response times vary by provider and may take several weeks. The Medical Records Retrieval Service does not create a physician-patient, attorney-client, or any other professional relationship between you and Wellness Wag.

Minor Service Recipients. If you are using the Medical Records Retrieval Service on behalf of a Minor Service Recipient, you represent and warrant that you have the legal authority to authorize the release of the Minor Service Recipient’s medical records. By using the Medical Records Retrieval Service on behalf of a Minor Service Recipient, you authorize Wellness Wag to request, receive, and use the Minor Service Recipient’s medical records as described in this Section.

Revocation of Authorization. You may revoke your authorization for Wellness Wag to retrieve medical records at any time by contacting us at [email protected]. Revocation will be effective upon receipt, but will not affect any records already obtained or any actions taken in reliance on your prior authorization. Revocation of authorization may limit Wellness Wag’s ability to provide certain Services to you.

Privacy and Security. Medical records obtained through the Medical Records Retrieval Service will be handled in accordance with our Privacy Notice and applicable law. Wellness Wag implements reasonable administrative, technical, and physical safeguards to protect the confidentiality and security of your medical records. However, no method of electronic transmission or storage is completely secure, and Wellness Wag cannot guarantee absolute security. You acknowledge that by using the Medical Records Retrieval Service, your medical information will be transmitted electronically and stored on Wellness Wag’s systems.

1.5. Use of Automated Tools

Wellness Wag may use automated tools, including artificial intelligence, to assist with administrative tasks such as reviewing submitted documents for completeness and organizing information. These tools are used solely to improve efficiency and reduce processing time. They do not make clinical evaluations, decisions whether to issue an ESA letter, PSD letter, or other recommendation, or eligibility determinations, which remain the sole responsibility of the independent licensed health care provider and the applicable governmental authority, respectively. 

2. Access to the Platform

In order to use the Platform, you are required to register an account and create login information, including, without limitation, usernames, and passwords. You agree to provide Wellness Wag and any applicable health care providers with accurate, current, and complete information about yourself.  If, in its sole discretion, Wellness Wag suspects that you have provided false information, your account may be suspended and/or disabled without notice. Additionally, you agree to promptly inform Wellness Wag of any unauthorized use of your username, password, or any other security breach related to the Website or Platform, by contacting Wellness Wag via email at [email protected]. Furthermore, you agree to maintain the confidentiality of your username and password, and to log out from your Wellness Wag user account at the conclusion of each session. Wellness Wag explicitly disclaims liability for any losses or damages incurred due to your non-compliance with this Agreement. Under no circumstances may you utilize someone else’s Wellness Wag user account. 

You are required to exercise caution, prudence, and discretion when utilizing the Platform. Any attempt to breach or compromise the security of the Platform is strictly prohibited. Violations of these Terms may lead to criminal and/or civil penalties being imposed against you. Wellness Wag reserves the right to investigate any alleged or suspected violations, and if criminal activity is suspected, Wellness Wag may collaborate with law enforcement authorities in their inquiries.

2.1. Limited Submission Assistance; User Authorization

Wellness Wag does not submit applications or forms to any state agency or government authority on your behalf unless: (a) such submission is explicitly authorized by you in writing, (b) applicable state law and process permit third-party submission, and (c) all state-specific authorization, power-of-attorney, or signature requirements are satisfied. You are responsible for reviewing all application materials, ensuring accuracy and completeness, and timely providing any additional information or supporting documentation required by any state agency or government authority.

2.2. Pricing

All orders placed through the Platform are subject to acceptance by Wellness Wag.  We reserve the right to refuse or cancel any order at our discretion, including after confirmation, if there is any error in pricing, availability, or suspected fraud or misuse.  Availability of Services is subject to change, and we may set quantity limits on orders or reject part or all of an order without prior notice. We reserve the right to correct any errors, including pricing errors, and either adjust your order or cancel it and refund the amount charged. You are responsible for any applicable taxes, duties, or fees related to your purchases through our Platform. Where required by law, we will collect and remit taxes on your behalf. We do not collect taxes in all states, so you may need to report and pay taxes directly. 

2.3. Payment Processing

Only authorized payment methods can be used for purchases. We use third-party payment processors to process payment methods made through the Platform.  By submitting your payment information, you authorize us and our payment processor to charge the designated payment method for the total amount of your purchase, including any applicable taxes and fees. You acknowledge that your use of the payment processing services is subject to the terms and conditions and privacy policies of the applicable third-party payment processor, which can be found on their respective websites. We are not responsible for any errors, delays, or security breaches related to the processing of your payment, and you agree to resolve any disputes directly with the payment processor to the extent permitted by law. Our relationship with these third parties is contractual, and they are not subject to our control or direction. We do not store your full payment information on our servers and your payment details are encrypted.

If your payment is declined, we will attempt to process it until approved. We may receive updated payment card information from your issuer and use it to update your user account details. Your issuer may allow you to opt out of this service. We are not responsible for any fees charged by your bank or card issuer.

2.4. Rewards and Referral Programs

Wellness Wag may offer promotional rewards programs, including a Review Rewards Program and a Referral Program, as described below. Participation in these programs is voluntary and subject to the terms set forth in this Section. Wellness Wag reserves the right to modify, suspend, or discontinue any rewards program at any time, with or without notice, and to disqualify any participant who violates these Terms or engages in fraudulent, abusive, or manipulative conduct.

Review Rewards Program. Users who submit a qualifying video review of the Services may be eligible to receive a $20 gift card reward. To qualify, the video review must: (i) feature you personally speaking about your experience with the Services; (ii) be original content created by you; (iii) comply with all applicable laws and these Terms; and (iv) not contain any false, misleading, defamatory, or inappropriate content. By submitting a video review, you grant Wellness Wag a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, distribute, and publicly display the video review for marketing, promotional, and other business purposes. Wellness Wag reserves the right to accept or reject any video review in its sole discretion. You acknowledge and agree that any compensation received for a review must be disclosed as required by the Federal Trade Commission’s guidelines on endorsements and testimonials, including by clearly stating that you received compensation for your review.

Referral Program. Users may earn a $20 gift card reward for each successful referral of a new user to the Services. A referral is considered successful only when: (i) the referred individual is a new user who has not previously registered for the Services; (ii) the referred individual creates an account using your unique referral link or code; and (iii) the referred individual’s account is approved by Wellness Wag in its sole discretion. Wellness Wag reserves the right to deny referral rewards for referrals that are fraudulent, self-referrals, or otherwise violate these Terms. There is no limit to the number of referrals you may make, but Wellness Wag reserves the right to impose limits at any time.

Reward Redemption; Minimum Balance. Rewards earned under the Review Rewards Program and Referral Program will be credited to your user account as a rewards balance. You may withdraw your Review Rewards Program reward upon posting your review, but you may not withdraw or redeem Referral Program rewards until your rewards balance reaches a minimum of $40. Once the minimum balance is met, you may request redemption of your rewards balance for gift cards through your account settings. Rewards have no cash value and are not transferable, refundable, or exchangeable for cash. Unredeemed rewards may expire after twelve (12) months of account inactivity. Wellness Wag is not responsible for lost, stolen, or unauthorized use of gift cards after redemption.

Tax Responsibility. You are solely responsible for any tax liability arising from rewards received under these programs. Wellness Wag may be required to report rewards to tax authorities and may request tax identification information (such as a Form W-9) from you. If you receive $600 or more in rewards in a calendar year, Wellness Wag will issue a Form 1099 or other required tax documentation. Failure to provide requested tax information may result in forfeiture of rewards or backup withholding as required by law.

3. Product Purchases

In addition to the Services described above, Wellness Wag may offer physical products for sale through the Website and Platform (“Products”). All Product purchases are subject to the terms set forth in this Section in addition to the other applicable provisions of these Terms.

Product Descriptions and Availability. Wellness Wag strives to provide accurate descriptions and images of Products on the Website and Platform. However, we do not warrant that Product descriptions, images, pricing, or other content are accurate, complete, reliable, current, or error-free. Product availability is subject to change without notice, and we reserve the right to limit the quantities of any Products we offer. We may discontinue any Product at any time without liability to you.

Order Acceptance. Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or reject any order, in whole or in part, at our sole discretion, including after you receive an order confirmation. If we cancel an order after your payment has been processed, we will refund the amount charged for the canceled portion of your order. We may also limit or cancel quantities purchased per person, per household, or per order.

Pricing and Payment. All Product prices are displayed in U.S. dollars and are subject to change without notice. Prices do not include shipping, handling, or applicable taxes, which will be added at checkout. In the event of a pricing error, we reserve the right to cancel your order and refund any amounts charged. Payment for Products is processed at the time of purchase using the payment methods available on the Platform, subject to Section 2.3 (Payment Processing).

Shipping and Delivery. Products will be shipped to the address you provide at checkout. Shipping methods, costs, and estimated delivery times will be displayed during checkout and may vary based on your location and selected shipping option. Wellness Wag is not responsible for delays caused by shipping carriers, customs, weather, or other events beyond our reasonable control. Risk of loss and title for Products pass to you upon delivery to the carrier.

Product Returns and Refunds. Unless otherwise stated at the time of purchase, Products may be returned within thirty (30) days of delivery for a refund, provided the Product is unused, in its original packaging, and in resalable condition. To initiate a return, contact [email protected] with your order number and reason for return. Shipping costs for returns are your responsibility unless the return is due to our error or a defective Product. Refunds will be issued to the original payment method within 5-10 business days after we receive and inspect the returned Product. We reserve the right to refuse returns that do not meet the requirements of this Section or to charge a restocking fee for Products returned in damaged or opened condition. Certain Products may be marked as final sale and non-returnable at the time of purchase.

Product Warranties and Disclaimers. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR AS REQUIRED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELLNESS WAG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WELLNESS WAG DOES NOT WARRANT THAT PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

4. Your Representations and Warranties

By registering on the Website and Platform, you represent and warrant the following:

• You are at least eighteen (18) years of age;
• You have the legal ability and authority to enter into these Terms with Wellness Wag;
• The information you have provided to Wellness Wag in your registration is accurate and complete;
• You will comply with any and all laws applicable to your use of the Website, Platform, and Services;
• You will not interfere with a third party’s use and enjoyment of the Website, Platform, or Services;
• You will not interfere with or disrupt Wellness Wag’s or its vendors’ security measures;
• If any information you provide to Wellness Wag becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Wellness Wag;
• You acknowledge that any fees paid to Wellness Wag are for access to and use of the Services and do not guarantee any particular outcome, certification, or approval;
• You are accessing the Website and Platform solely for yourself, and you have full legal authority to provide information and to take actions through the Services; and
• If you authorize Wellness Wag to transmit or submit any information or application materials to any state agency or government authority on your behalf (if and where permitted by applicable law), you have the legal authority to grant such authorization and you will comply with any state-specific authorization, power-of-attorney, or signature requirements.
• If you are creating an account or using the Services on behalf of a Minor Service Recipient (as defined in Section 12), you are the parent or legal guardian of the Minor Service Recipient (or otherwise have legal authority to act on their behalf), you have authority to bind the Minor Service Recipient to these Terms, and you consent to the collection, use, and disclosure of the Minor Service Recipient’s personal information, including sensitive disability or health-related information, as described in these Terms and our Privacy Notice.

5. Personal Information and Privacy Notice

Upon creating a Wellness Wag user account (defined in Section 2), you establish a direct customer relationship with Wellness Wag, granting access to various functionalities of the Platform as a user. Within this relationship, you furnish information to Wellness Wag, encompassing details like your name, email address, shipping address, and phone number, each of which is subject to our Privacy Notice. In utilizing specific features of the Platform, you may also provide medical information that could be safeguarded under pertinent laws.

Please refer to our Privacy Notice, which may be viewed, downloaded, or otherwise accessed here, ensuring perpetual availability for the user’s convenience and compliance purposes, and “Identifiable Health Information” in Section 5 herein for details regarding the collection, processing, retention, and disclosure of your personal information, including health information. Please refer to your health care provider’s Notice of Privacy Practices for details regarding the use and disclosure of your HIPAA Protected Health Information.

5.1. Identifiable Health Information

In utilizing specific features of the Platform, you may provide medical information that could be safeguarded under pertinent laws. Wellness Wag does not qualify as a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act of 1996, as amended, and implementing regulations (collectively, “HIPAA”). To the extent Wellness Wag stores or processes personal health record information in a manner that qualifies it as a “vendor of personal health records” (“PHR”) under the health breach notification rule adopted by the Federal Trade Commission (“FTC”) (the “HBNR”), Wellness Wag will comply with the applicable requirements to provide timely notice to affected users and regulators, and where required, the media, in the event of any breach of security of unsecured PHR Information. If your health care providers are subject to HIPAA, they must publish a HIPAA Notice of Privacy Practices (“NPP”) outlining how they use and disclose your “protected health information” as defined under HIPAA (“PHI”) and describing your rights under HIPAA. Please reference your health care provider’s(s’) NPP for information related to their uses and disclosures of your PHI and your rights under HIPAA. 

By utilizing the Platform, you understand and agree that even if HIPAA applies to the health care providers, identifiable health information submitted to Wellness Wag is subject to our Privacy Notice, the HBNR, and relevant state laws governing privacy and security.

6. Independent Telehealth Services and Consent

Where permitted by applicable law, the Services enable you to request and schedule telehealth evaluations and appointments, including teletherapy appointments, with independently licensed health care providers. Those providers are solely responsible for the professional services they provide to you, including any evaluation, advice, recommendations, and decisions whether to issue an ESA letter, PSD letter, or other recommendation. By using the telehealth features, you consent to receive telehealth services and understand that: (a) telehealth has benefits and risks; (b) no outcome is guaranteed; (c) the provider may determine, in their professional judgment, that you do or do not qualify for an ESA letter, PSD letter, or other Service; and (d) the provider may direct you to seek in-person care where clinically appropriate. To the extent you communicate with such a provider, your relationship with that provider is governed by that provider’s own license, applicable terms of use and privacy practices. Wellness Wag does not supervise, practice, or interfere with the professional judgment of providers and is not responsible for their acts or omissions. 

7. Proprietary Rights and Licenses

The Website, Platform, and Services and their entire contents, features, functionality, including but not limited to software, text, displays, graphics, images, and other materials generated by or within the Website, Platform, and Services (collectively, “Content”) are owned and copyrighted by Wellness Wag or lawfully obtained from Wellness Wag’s providers and licensors. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, and logos in the Website, Platform, and Services and the Content are owned by Wellness Wag or its licensors or providers.  Neither these Terms, nor your access to or use of the Website, Platform, and Services, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights, and Wellness Wag and its licensors and providers reserve all rights not expressly granted to you in this Agreement. The trademarks, service marks and logos (“Marks”) used in the Website, Platform, and Services are owned by Wellness Wag or its providers or licensors.  The owner of the Marks holds exclusive rights to the Marks. You must not use any Mark without the prior written consent of Wellness Wag or the owner of the Mark. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website and/or Platform.

Subject to your compliance with the Terms and all restrictions therein, Wellness Wag grants you only a limited, non-transferable, non-exclusive, and revocable license to access and use the Website, Platform, and Services solely for your personal, non-commercial use.

7.1. Restrictions/Prohibited Uses

You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

• Send or otherwise transmit to or through the Website or Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website, Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Misrepresent your identity or affiliation in any way;
• Restrict or inhibit any person from using the Website or Platform, disclose personal information obtained from the Website or Platform or collect information about users of the Website or Platform;
• Reverse engineer, disassemble or decompile any section or technology on the Website or Platform, or attempt to do any of the foregoing;
• Gain unauthorized access to the Platform, to other users’ accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to the Website or Platform;
• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website or Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through the Website or Platform chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
• Post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
• Violate any applicable laws or regulations in any way;
• Alter or modify any part of the Services;
• Allow any other person to use the Platform with your registration or login information;
• Breach or otherwise circumvent Wellness Wag’s security or authentication measures; 
• Impersonate any governmental authority or falsely suggest the Services are affiliated with or endorsed by any state agency or government authority;
• Use the Services to submit false, misleading, or fraudulent information to any physician, state agency, or government authority; and
• Assist or permit any persons in engaging in any of the activities described above.

7.2. Your Submissions

You acknowledge that you, not Wellness Wag, are accountable for all Submissions (as defined below) you provide to the Website, Platform, and Services. Except with respect to any limitations on PHR Information outlined in Section 5 above, any information you transmit to Wellness Wag through the Website, Platform, and Services, whether through direct input, submission, email, or other means, including data, queries, remarks, forum interactions, or proposals (collectively referred to as “Submissions”), will be regarded as non-confidential and non-proprietary to the extent permitted by applicable law. Subject to any applicable Wellness Wag user account settings you select, you grant Wellness Wag a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including moral rights) and license to utilize, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display in any medium Submissions (in whole or in part) for the purpose of operating and providing the Website, Platform, and Services to you and our other users. 

You warrant that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. Additionally, you hereby grant Wellness Wag the right, at its sole discretion, to edit, duplicate, or modify the Submission in any manner deemed necessary or desirable by Wellness Wag, and you irrevocably waive any moral rights you may have in the Submission. You also agree that you have no right of approval and no entitlement to compensation in connection with the Submission. If a Submission contains PHR Information, Wellness Wag’s rights under this section concerning the use or disclosure of such PHR Information will be restricted as required by applicable law. 

7.3. Notice and Procedure for Making Claims of Copyright Infringement (DMCA)

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA).  If you believe that content or material on our Website, Platform, or Services is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material(s) removed or access to it blocked, you must provide notice to our Copyright Agent at:

Wellness Wag

Attention: Wellness Wag Copyright
919 North Market Street, Suite 950
Wilmington, DE 19801
Telephone: (415) 570-7864
Email: [email protected]

Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit Us to locate the material on the Services; (iv) your address, telephone number, or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.

A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with Us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.

We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that we will restore the removed or disabled content within fourteen (14) business days. If we do not receive notice that a lawsuit has been filed within fourteen (14) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with Us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine.  You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.

It is Wellness Wag’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

7.4. External Links

The Website and Platform may contain links to third-party websites. Linked sites are provided for convenience only and are not under the control of Wellness Wag, and Wellness Wag is not responsible for the content, timeliness, or accuracy of any third-party or governmental website, including but not limited to government websites and state agency resources. A link does not imply that Wellness Wag endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Wellness Wag disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

8. Modifications to These Terms/Termination

The Website and Platform undergo continuous development, and Wellness Wag retains the right to amend or eliminate any portion of these Terms at any time and in our sole discretion, without prior notification. Should these Terms change materially, Wellness Wag will update the effective date noted above and post a notice regarding the updated Terms on the Website.  Any modifications to these Terms take effect fourteen (14) days after being posted on the Website. Unless specified otherwise, any new content, services, or features incorporated into the Website are bound by these Terms upon their posting on the Website. Your continued use of the Website following the posting of any changes to these Terms signifies your acceptance of the modified Agreement. 

Wellness Wag reserves the right to terminate your access to or use of the Website, Platform, or Services at any time and for any reason without prior notice. This includes instances such as violations of these Terms, termination of our agreements with health care providers, or discontinuation of the Services. If you violate these Terms, your ability to use the Website, Platform, or Services may be terminated. Wellness Wag may, in its sole discretion, terminate your access to the Website, Platform, or Services, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Wellness Wag may have available at law. Further, Wellness Wag shall not be liable to you or any third party for any such termination or discontinuation. You may terminate these Terms by ceasing to access and use the  Website, Platform, or Services and, if applicable, deleting your user account. Upon any termination of these Terms, you must immediately cease use of the  Website, Platform, or Services. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, and your warranties and indemnities shall survive any termination of these Terms.

9. No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise does not constitute or imply the endorsement or recommendation of such by Wellness Wag. Any views expressed by third parties on the Website are solely the views of the third party and Wellness Wag assumes no responsibility for the accuracy or veracity of any statement made by the third party.

10. No Warranties; Disclaimers

CONTENT AND INFORMATION PROVIDED ON THE WEBSITE, PLATFORM, AND SERVICES ARE OFFERED FOR CONVENIENCE PURPOSES ONLY. USERS WHO RELY ON SUCH CONTENT OR INFORMATION DO SO AT THEIR OWN DISCRETION AND ASSUME ALL ASSOCIATED RISKS. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PLATFORM, AND SERVICES ARE MADE AVAILABLE ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY USE OF OR ACCESS TO THE WEBSITE, PLATFORM, OR SERVICES IS ENTIRELY VOLUNTARY AND AT THE SOLE RISK OF THE USER. WELLNESS WAG, ALONG WITH ANY THIRD PARTIES OFFERING PRODUCTS OR SERVICES THROUGH THE WEBSITE, PLATFORM, AND SERVICES, INCLUDING HEALTH CARE PROVIDERS, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THESE DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR OTHER MATERIALS PROVIDED ON OR THROUGH THE WEBSITE, PLATFORM, AND SERVICES.

WELLNESS WAG MAKES NO WARRANTY OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, OR USEFULNESS OF THE WEBSITE, PLATFORM, AND SERVICES. FURTHERMORE, WELLNESS WAG DOES NOT WARRANT THAT THE WEBSITE, PLATFORM, AND SERVICES WILL OPERATE WITHOUT DELAYS, INTERRUPTIONS, INTERFERENCE, IMPERFECTIONS, CORRUPTION, CYBER ATTACKS, VIRUSES, MALWARE, OR ANY OTHER ADVERSE INCIDENTS.

11. Indemnification and Limitation of Liability

You agree to defend, indemnify and hold harmless Wellness Wag, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors, as well as individual health care providers from and against any and all claims, proceedings, actions or demands, losses, liabilities, damages, costs, expenses, and settlements (including without limitation reasonable attorney and accounting fees), arising from or relating to, directly or indirectly, your (a) violation of these Terms; (b) access to or use of the Platform, Website, and Services; (c) your violation of applicable laws, regulations, or third-party rights; and (d) your willful misconduct, fraud, or negligence. Wellness Wag reserves the right to assume control over the defense of any claim for which we are entitled to indemnification, and you agree to cooperate with Wellness Wag as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of Wellness Wag.

IN NO EVENT SHALL WELLNESS WAG BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, PLATFORM, OR SERVICES. THIS INCLUDES ANY INFORMATION OR CONTENT MADE ACCESSIBLE THROUGH THE WEBSITE, PLATFORM, OR ANY SERVICES RENDERED OR PRODUCTS OFFERED BY WELLNESS WAG AND THIRD PARTIES, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WELLNESS WAG BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY PURCHASE OR ATTEMPT TO PURCHASE PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; TO THE EXTENT SUCH LAWS APPLY, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WELLNESS WAG’S LIABILITY SHALL BE LIMITED TO THE ACTUAL DAMAGES INCURRED BY YOU, NOT EXCEEDING U.S. $1,000

ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE, PLATFORM, OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH CLAIM. 

Wellness Wag shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Wellness Wag’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities set out in these Terms are fair and reasonable in the circumstances.

12. Children

With the exception of services for parents and guardians of qualified children described below in “Parental and Guardian Accounts”, the Website and Platform are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Website, Platform, or Services at any time or in any manner. By using the Website, Platform, or Services, you affirm that you are at least 18 years of age. Wellness Wag does not seek to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.

Parental and Guardian Accounts

Notwithstanding the foregoing, a parent or legal guardian who is at least 18 years of age may create an account and use the Services on behalf of a qualified minor child (a “Minor Service Recipient”). By creating an account on behalf of a Minor Service Recipient, you represent and warrant that: (a) you are the parent or legal guardian of the Minor Service Recipient, or otherwise have legal authority to act on their behalf; (b) you have the legal authority to agree to these Terms on behalf of the Minor Service Recipient; (c) all information you provide regarding the Minor Service Recipient is accurate and complete; (d) you consent to the collection, use, and disclosure of the Minor Service Recipient’s personal information, including sensitive information such as disability or health-related information, as described in these Terms and our Privacy Notice; and (e) you assume full responsibility for the Minor Service Recipient’s use of the Services and compliance with these Terms.

13. Refund Policy

Wellness Wag aims to provide a clear, fair refund policy tailored to our Services, including ESA letters, PSD letters, teletherapy appointments, and other telehealth services.

Once your ESA/PSD letter has been issued by a licensed provider, the service is considered completed and non-refundable, except as expressly provided in this Refund Policy. Refunds will not be granted due to a change of mind, a lack of need for the letter, or failure to meet third-party requirements (e.g., airline or housing policies).

13.1. Eligibility for Refund

• If your telehealth appointment (including a teletherapy appointment) is not completed due to a technical issue caused by Wellness Wag, we will reschedule at no charge or issue a refund of the Wellness Wag service fee at your election.
• If, after your telehealth evaluation for an ESA or PSD letter, the licensed provider determines that a letter is not clinically appropriate, you may be eligible for a refund of the Wellness Wag service fee. Professional fees charged by independent providers are subject to the provider’s own refund policies.
• If a state agency or government authority denies your application solely due to a correctable administrative error made by Wellness Wag in materials that Wellness Wag prepared or submitted under your explicit authorization, we will correct the error at no additional charge or, at our discretion, refund the Wellness Wag service fee.
• Denial of Letter. If your ESA or PSD letter is rejected by your landlord or housing provider, you may qualify for a full refund. To be eligible, you must provide official written documentation of the denial and submit it to [email protected].
• No-Risk Guarantee. Under our No-Risk Guarantee, you may be eligible for a full refund if you are deemed ineligible for an ESA or PSD letter after your consultation, or if your landlord unlawfully denies your ESA or PSD letter.
• Fraudulent Charges. If you believe a charge on your account is fraudulent, please contact us at [email protected] within 7 days of the transaction. We will investigate and, if verified as fraud, issue a full refund.
• Failure to Deliver. If you did not receive your ESA/PSD letter within the specified timeframe and have not been notified of a delay, you may request a refund. Claims must be submitted within 7 days of the expected delivery date.
• Technical Issues. If technical errors on our platform prevented you from receiving your ESA/PSD letter, please contact us for resolution. Refunds may be issued at our discretion if the issue cannot be resolved.

13.2. Refund Exclusions

• Denials or delays by any state agency or government authority due to your incomplete, inaccurate, fraudulent, or untimely information or documentation.
• Denials based on state-specific eligibility criteria, residency, legal status, or other regulatory requirements outside of Wellness Wag’s control.
• Failure to attend or complete a scheduled consultation.
• Requests made after final submission or after a licensed provider has issued an ESA letter, PSD letter, or other determination, except as expressly provided above.

13.3. How to Request a Refund

To request a refund, contact [email protected] within 7 days of the relevant event (e.g., appointment issue, provider determination, or state agency decision). Include your name, contact information, state of residence, a brief description, and supporting documentation (such as a written denial from a landlord, housing provider, state agency, or government authority, if applicable). Approved refunds will be issued to the original payment method. Processing times may vary by financial institution.

Our team will review your request and respond within 5 business days. Please allow up to 10 business days for an approved refund to appear on your statement. If you have not received a credit after this period, please contact us at [email protected]. If you are eligible for a partial refund (e.g., in cases of delayed delivery where a service was partially rendered), the amount refunded will be determined based on the specific circumstances.

If you have a dispute related to billing or service quality, we encourage you to contact Wellness Wag customer support at [email protected] before initiating a chargeback with your payment provider. If a chargeback is initiated without first attempting to resolve the matter with Wellness Wag, we reserve the right to dispute the chargeback and may suspend your access to the Services until the dispute is resolved. Wellness Wag is not responsible for unauthorized use of your payment method; it is your responsibility to secure your account credentials, and any disputes arising from unauthorized use must be addressed directly with your payment provider.

13.4. Delivery of Documents

Documents, forms, and communications are generally delivered electronically (e.g., via your account portal or email). However, in certain states where applicable law or process requires a wet signature or physical submission, Wellness Wag may ship physical documents to you for signature. You are responsible for signing and forwarding such documents to the appropriate physician or authority as instructed. Delivery timelines may vary based on your state’s requirements, shipping carrier performance, physician availability, and the completeness of your information. If you believe you have not received expected materials, check spam/junk folders (for electronic delivery) or contact [email protected].

14. Mutual Dispute Resolution Using Binding Arbitration (Arbitration Agreement)

Should a dispute arise between you and Wellness Wag, Wellness Wag is committed to working with you to reach a reasonable resolution. You and Wellness Wag agree that sincere informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. Therefore, before either party commences arbitration against the other, you and Wellness Wag will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any dispute covered by this arbitration agreement. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required. 

You and Wellness Wag mutually agree that any claim, dispute, or controversy arising between you and Wellness Wag, arising out of or relating to these Terms, the Services, any privacy notice, or any communications by Wellness Wag or its affiliates (“Disputes”) (collectively referred to as “Disputes”), which is not resolved through an informal dispute resolution conference, shall be resolved through confidential, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than through litigation in court. This Arbitration Agreement, including its interpretation and enforcement, is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). Except as to this Arbitration Agreement, Delaware law applies as stated in Section 16. The seat of arbitration shall be New Castle County, Delaware, but hearings may be conducted by video conference, telephone, or in person, at the arbitrator’s discretion and considering your location. The arbitration will be governed by the AAA’s Consumer Arbitration Rules then in effect. If the parties are unable to agree on an arbitrator, the AAA will appoint an arbitrator who meets the requirements of this section using a rank-and-strike process.

By agreeing to this Arbitration Agreement, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein. For the purposes of this Arbitration Agreement, “Dispute” also includes disputes arising from facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms. The arbitrator shall give effect to statutes of limitation and the governing law set forth in these Terms in determining any claim, and any controversy concerning whether these Terms, an issue, or a dispute hereunder is arbitrable shall be determined by the arbitrator.

The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator’s decision. The decision of the arbitrator (or “the arbitration award”) shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify these Terms or any applicable law in any respect, and may not grant any remedy or relief greater than that sought by the parties. The confidentiality obligations of Section 15 (Confidentiality) apply to arbitration claims, defenses, and Dispute Materials. Any court filings to enforce, confirm, vacate, or modify an award will be accompanied by a request to seal or otherwise protect such filings to the maximum extent permitted by law. The opinion and arbitration hearing(s), proceeding(s), and filing(s) shall remain confidential, except that final judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction for purposes of confirming and enforcing such award. 

The arbitrator shall be authorized to and shall permit the prevailing party to recover, in addition to any other damages or compensation awarded by the arbitrator, such prevailing party’s reasonable costs and expenses of such claim, including reasonable attorneys’ fees and the amounts paid or obligated to be paid toward arbitrator fees and the administrative costs of the arbitration to the extent permitted by applicable law and the AAA Consumer Arbitration Rules. Notwithstanding the foregoing, either party may seek provisional injunctive relief in court in aid of arbitration or to preserve the status quo. The arbitrator shall have authority to award only (i) injunctive relief, (ii) money damages, (iii) specific performance, (iv) attorneys’ fees, costs and expert witness fees to the prevailing party, and (v) sanctions for abuse or frustration of the arbitration process. 

YOU AGREE NOT TO BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THAT INDIVIDUAL’S CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. 

Opt-Out: You have the option to opt out of the provisions of this Arbitration Agreement requiring arbitration of Disputes within thirty (30) days of initially agreeing to any version of these Terms mandating arbitration of disputes with Wellness Wag. To opt out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of arbitration to: [email protected] ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement does not affect any other arbitration agreements you may have with Wellness Wag.

Notice of Dispute: Before initiating arbitration of a Dispute, you must provide Wellness Wag with a written “Notice of Dispute” containing your name, residential address, email address associated with your account, a detailed description of the Dispute, and the requested relief. Likewise, before commencing arbitration of a Dispute against you, Wellness Wag will provide you with a written Notice of Dispute detailing the Dispute and the relief sought. Any Notice of Dispute to Wellness Wag should be sent to: 919 North Market Street, Suite 950, Wilmington, DE 19801 ATTN: Dispute Notice.

Severability: Except as specified above, if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect. Nothing in this section shall be construed as limiting your rights under applicable consumer protection laws.

15. Confidentiality

The parties agree that all dispute‑related communications and materials will be kept confidential. This includes, without limitation: any Notice of Dispute and responses; settlement or compromise communications; mediation communications; and, to the fullest extent permitted by law, arbitration filings, briefs, exhibits, discovery, hearings, transcripts, orders, and awards (collectively, “Dispute Materials”). Dispute Materials may be disclosed only: (i) to the parties, their counsel, insurers, experts, and advisors (including accountants and auditors) who have a need to know and are bound by confidentiality obligations at least as protective as this section; (ii) as required by law, regulation, subpoena, or court order; (iii) as reasonably necessary to enforce, confirm, vacate, or modify an arbitral award or judgment, provided that the parties will request sealing or other protections to the maximum extent permitted by law; or (iv) with the prior written consent of the other party.

Nothing in this section restricts a party’s right to: (a) communicate with, file a charge or complaint with, or participate in an investigation or proceeding conducted by a government agency; (b) disclose underlying facts to the party’s tax, accounting, or legal advisors; (c) make disclosures necessary to obtain injunctive or provisional relief in aid of arbitration; or (d) use or disclose a final judgment or arbitral award to the extent necessary for enforcement. This section does not limit any applicable privilege, protection, or rule (including settlement‑communication privileges and rules of evidence such as Federal Rule of Evidence 408), and no waiver of privilege is intended. Personal information contained in Dispute Materials remains subject to our Privacy Notice and applicable law. This section survives termination of these Terms.

For clarity, this Section 15 does not limit our obligations under the Privacy Notice or applicable law.

16. Choice of Law and Jurisdiction

Except for the Arbitration Agreement, which is governed by the Federal Arbitration Act, these Terms and any non-arbitrable disputes are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Subject to the Arbitration Agreement, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

17. Force Majeure

We are not responsible for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, weather, labor disputes, power outages, governmental actions, emergency directives, or third-party system failures. If a force majeure event prevents us from providing the Services, we may issue a refund or credit for fees paid for undelivered Services, determined in our discretion.

18. Waiver

No delay or omission by Wellness Wag in exercising any right or power under these Terms, or in objecting to any failure of a covenant by you, shall impair such right or power. It shall not be construed as a waiver of any future breach. Any waivers must be in writing and signed by an authorized representative of Wellness Wag.

19. Entire Agreement

These Terms represent the entire agreement between you and Wellness Wag concerning access to and use of the Website, Platform, and Services. They supersede all previous agreements, negotiations, representations, and communications, whether oral or written.

20. Electronic Documents

This electronic document, along with all other electronic documents referenced or incorporated herein, will:

• Be deemed a “writing” for all legal purposes,
• Be legally enforceable as a signed agreement.

Printed versions of these Terms and any notices delivered electronically shall be admissible in legal proceedings in the same manner as other business records originally generated in paper format.

21. Assignment

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Wellness Wag’s prior written consent. Wellness Wag may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

22. No Third-Party Beneficiaries 

Aside from the aforementioned provisions or as explicitly outlined in this Agreement, which includes the indemnification responsibilities in favor of Wellness Wag as well as the Arbitration Agreement, we explicitly affirm that neither party intends to confer or establish rights equivalent to those of third-party beneficiaries upon any referenced individual, subcontractor, or third party. Except as expressly outlined in this Agreement, no third party shall possess the right to enforce any provision or derive any benefit from this Agreement.

23. Language

These Terms are written in English, and both parties waive any rights to use or rely upon any other language or translations.

24. Contact / Notices

If you have any questions or need to send a notice to Wellness Wag, please use the contact information below:

Wellness Wag
Attn: Privacy Officer
919 North Market Street, Suite 950
Wilmington, DE 19801
[email protected]

Phone: (415) 570-7864 (Monday–Friday, 9:00 a.m.–6:00 p.m. Central Time)

Wellness Wag may also provide notices to you via the Website and/or Platform, and you agree that such postings constitute official notice, even if you do not view them directly.

25. Accessibility

Wellness Wag is committed to providing accessible services. If you need an accommodation to use the Services or access materials in an alternative format, please contact [email protected].

26. Mobile Messaging Terms

By consenting to Wellness Wag’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Wellness Wag through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You do not have to sign up for this program in order to make any purchase, and your consent is not a condition of any purchase with Wellness Wag. Your participation is completely voluntary. We do not charge for the messaging service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply.

You may opt out at any time by texting the single keyword STOP to +1 (877) 355-9344 or by clicking the unsubscribe link (where available) in any text message. You will receive a one-time opt-out confirmation text message, and no further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Wellness Wag mobile message programs, you will need to opt out separately from those programs, except where applicable law requires otherwise. For support, text HELP to +1 (877) 355-9344 or email [email protected].

We may change any short code or telephone number we use to operate the messaging service at any time and will notify you of these changes. Messages, including STOP or HELP requests, sent to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages. Wireless carriers are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number; if you get a new mobile number, you will need to sign up again with your new number. To the extent permitted by applicable law, we will not be liable for failed, delayed, or misdirected delivery of any information sent through the messaging service, any errors in such information, or any action you may or may not take in reliance on such information. Please see our Privacy Notice for how we collect and use your personal information.

27. Pet Health Insurance

Pet health insurance is administered by Rainwalk Technology, Inc. and underwritten by Incline Casualty Company, Inc. Coverage is subject to policy terms, conditions, limitations, exclusions, underwriting review, and approval, and may not be available for all risks or in all states. Rates and discounts vary, are determined by many factors, and are subject to change.

“Wellness Wag Pet Insurance” is a marketing name used by Rainwalk Pet Insurance and is not a Wellness Wag business nor an insurer. Wellness Wag does not offer or sell insurance plans. “Wellness Wag” and its related trademarks are used by Rainwalk Pet Insurance under license, and Wellness Wag may receive compensation from Rainwalk Pet Insurance.