Terms
Terms of Service
The agreement between you and Wellday — including a mandatory arbitration provision.
The short version
These Terms govern your use of Wellday's website, app, and services.
- Wellday is a technology platform, not a medical practice. Care comes from licensed clinicians who practice through Wellday Medical Affiliates.
- You must be 18 or older and live in a U.S. state where Wellday operates.
- You pay per consultation. A consultation fee is charged for each visit; if a clinician prescribes medication, it bills per fill until you cancel. Cancel anytime through your account or by email.
- Disputes are resolved through arbitration, not court. You waive class action rights.
This summary doesn’t replace the full Terms of Service below. If anything seems to conflict, the full policy controls.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER. BY USING WELLDAY, YOU AGREE TO RESOLVE DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
I
Who we are
Wellday Health LLC ("Wellday," "we," "us," "our") is a Missouri limited liability company. We operate the Wellday platform — wellday.health, our mobile applications, and the services described below (the "Services").
These Terms apply alongside our Privacy Policy, Telehealth Informed Consent, Billing & Refund Policy, and other policies linked from the Services.
By using the Services, you agree to these Terms. If you don't agree, don't use the Services.
II
What Wellday does (and what we don't do)
What Wellday does:
- Connects you with a licensed clinician who reviews your intake online
- Connects you with a licensed clinician for a paid clinical consultation
- Provides a treatment recommendation confirmed by your clinician
- Coordinates fulfillment of any prescriptions written by your clinician
- Coordinates ongoing care, check-ins, and adjustments with your clinician
- Helps you navigate insurance, prior authorization, and manufacturer savings programs
What Wellday does not do:
- Wellday is not a medical practice and does not provide medical care.
- Wellday does not employ the clinicians who provide your care. Clinicians practice through Wellday Medical Affiliates — the licensed clinicians and clinical entities that contract with Wellday to provide medical care to patients on the Wellday platform — and are independent professionals responsible for their own clinical decisions.
- Wellday does not control or interfere with your clinician's clinical judgment.
- Wellday is not a pharmacy.
- Wellday does not bill insurance for our services.
Wellday does not provide medical advice, diagnoses, or treatment recommendations. All clinical decisions are made by licensed clinicians based on their independent clinical judgment.
III
Eligibility
To use the Services, you must be at least 18 years of age, live in the United States in a state where Wellday operates, have legal capacity to enter into these Terms, have a device with internet access to complete your intake and receive communications from your clinician, and provide accurate information about yourself and your health.
IV
Your account
To use most Services you'll need an account. You agree to:
- Provide accurate, current, complete information
- Keep your credentials confidential
- Update your information when it changes
- Notify Wellday immediately if you discover unauthorized access at security@welldayhealth.com
- Not share your account or use someone else's
You're responsible for what happens under your account.
V
Healthcare services and your relationship with clinicians
The clinicians who provide your care are licensed healthcare professionals practicing through Wellday Medical Affiliates. Your clinician-patient relationship is with the clinician and the affiliated practice, not with Wellday.
Your clinician decides:
- Whether you are a candidate for treatment through the platform
- What treatment, if any, is appropriate
- What medications, if any, to prescribe
- How and when to follow up
- Whether to refer you to in-person care
Wellday does not tell clinicians what to prescribe, override clinical decisions, practice medicine, or provide medical advice through customer support, the website, or our digital guide Nora.
If a clinician determines that the Wellday platform is not appropriate for your condition, you'll be notified and, where appropriate, directed toward in-person care. Because the consultation fee pays for the clinical review itself, it is not refunded once that review has taken place — see our Billing & Refund Policy.
VI
Telehealth services
Use of the Services involves telehealth — healthcare delivered using electronic communications between you and a clinician in a different physical location.
By using the Services, you confirm that you have read and agreed to our Telehealth Informed Consent, which describes the benefits, risks, and limitations of telehealth.
Telehealth is not a substitute for emergency care. If you are experiencing a medical emergency, call 911.
VII
Fees and billing
Consultation fee: You pay a consultation fee at checkout each time you request a consultation — your initial visit and any future or renewal consultation. The amount is shown to you before you pay. It covers your clinician's review of your intake and their treatment recommendation.
Medication: Medication is never charged at checkout. If your clinician prescribes medication, you are charged only after the prescription is written, and it then bills on a recurring per-fill cycle until you cancel. The price and the billing cycle are disclosed at checkout. By requesting medication, you authorize Wellday to charge your payment method for each fill on that cycle until you cancel.
Pricing changes: We may update pricing with reasonable advance notice. Current prices are disclosed at checkout, and you can decline or cancel before a change takes effect.
Cancellation: Cancel anytime through your patient portal or by email to support@welldayhealth.com. No advance notice required. No cancellation fee. Cancelling stops future medication charges.
What happens to your prescriptions when you cancel: Wellday stops billing future fills, scheduling refill coordination, renewing prior authorizations, and providing ongoing care. Any prescription already filled or on file remains available according to your pharmacy's policies. Your clinician will not write new prescriptions or adjust existing ones after cancellation.
For full terms, see our Billing & Refund Policy.
VIII
Costs paid to other providers
Some costs are paid to providers other than Wellday:
- Lab tests or imaging, if your clinician orders them
- In-person care, if your clinician refers you elsewhere (for example, procedures administered in a clinic)
IX
Your responsibilities
You agree to provide accurate health information, update it as it changes, use the Services for personal non-commercial use, conduct telehealth consultations privately, comply with all applicable laws, and not misuse the Services for fraud or to harm the platform or other users.
X
Privacy
See our Privacy Policy.
XI
Intellectual property
Wellday owns all rights to the Services, including the website, app, content, branding, and underlying technology. You receive a personal, limited, revocable, non-transferable license to use the Services for non-commercial use. You may not copy, modify, distribute, or create derivative works without our written permission.
XII
Disclaimer of warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WELLDAY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
We don't guarantee that the Services will be uninterrupted or error-free. We don't guarantee specific medical outcomes. Migraine treatment varies by individual.
XIII
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLDAY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.
WELLDAY'S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID WELLDAY IN THE 12 MONTHS PRECEDING THE CLAIM.
This limitation does not apply to liability that cannot be limited under applicable law.
XIV
Indemnification
You agree to indemnify and hold Wellday and its affiliates harmless from any claims, damages, or expenses (including reasonable attorney fees) arising from your violation of these Terms or your misuse of the Services.
XV
Arbitration and dispute resolution
ANY DISPUTE BETWEEN YOU AND WELLDAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED THROUGH BINDING ARBITRATION, NOT IN COURT.
The arbitration will be administered by JAMS or AAA under their applicable rules. The arbitrator's decision will be final and binding.
CLASS ACTION WAIVER: YOU AND WELLDAY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
Exceptions: Either party may bring an action in small claims court, or seek injunctive relief in court for intellectual property infringement or unauthorized access.
Opt-out: If you don't want to be bound by arbitration, send written notice to legal@welldayhealth.com within 30 days of first accepting these Terms with your name and a statement that you are opting out.
XVI
Governing law
These Terms are governed by Missouri law. Disputes not subject to arbitration must be brought in federal or state courts in Jackson County, Missouri.
XVII
Termination
You may terminate your account anytime by cancelling any ongoing billing and emailing privacy@welldayhealth.com to request closure.
We may suspend or terminate your account if you violate these Terms, misuse the Services, or pose a safety risk. Sections that should reasonably survive termination — arbitration, limitation of liability, indemnification, intellectual property, and governing law — continue to apply.
XVIII
Changes to these Terms
We may update these Terms. Continued use means acceptance.
XIX
Miscellaneous
These Terms (with the Privacy Policy, Telehealth Consent, and Billing & Refund Policy) are the entire agreement between you and Wellday. If any part is unenforceable, the rest remains in effect. Wellday Medical Affiliates are third-party beneficiaries of provisions that protect them.
XX
Contact us
Questions about this policy?
We’re here to help.
Send us a note. We’ll respond within reasonable timeframes.