Seller Policy

Wellgenda Terms of Use

Effective Date: August 31, 2024

Welcome to Wellgenda. We’re glad you’re here. Make yourself comfortable and enjoy your experience, but please follow our house rules. These Terms of Use (“Terms”) govern your use of Wellgenda’s websites, mobile apps, APIs, and other related services (collectively, the “Services”).

1. Acceptance of These Terms

These Terms constitute a legally binding contract between you and Wellgenda. By accessing or using our Services, you agree to be bound by them. If you do not agree, you may not use our Services.

You must be at least 18 years old to use our Services. Users between 13 and 18 may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Children under 13 are not permitted to use Wellgenda.

2. Additional Documents That Apply

These Terms incorporate by reference the following policies:

  • Privacy Policy
  • Cookie Policy
  • Community Guidelines
  • Seller Policy (for those listing digital products)
  • Buyer Guidelines (for those purchasing digital downloads)
  • Intellectual Property Policy
  • API Terms of Use (for developers)

By agreeing to these Terms, you also agree to abide by the above policies.

3. Your Privacy

We respect your privacy. Please review our Privacy Policy to understand how we collect, use, and protect your personal data. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

Wellgenda and sellers may act as independent data controllers of buyer information. If a seller mishandles data, they are solely responsible for that misuse.

4. Your Account

To access certain features, you must create an account. By registering, you agree to:

  • Provide accurate, current information
  • Keep your credentials secure
  • Be responsible for all activity on your account

If you’re registering on behalf of a business, you confirm that you have authority to bind the business to these Terms. You may not transfer your account or impersonate others.

We may suspend or terminate your account if you violate our Terms or engage in harmful conduct.

5. Your Content

Any content you upload or post—product files, descriptions, images, reviews, messages, etc.—remains yours. However, by submitting it to Wellgenda, you grant us a non-exclusive, worldwide, royalty-free license to use, host, reproduce, display, and distribute it for the purpose of operating, promoting, and improving our Services.

You must ensure your content doesn’t violate laws or infringe on third-party rights. We reserve the right to remove any content that violates our policies or is inappropriate.

6. Your Use of Our Services

You agree to use the Services only for lawful purposes. Specifically, you will not:

  • Violate any applicable law or regulation
  • Upload malicious software or attempt to harm the platform
  • Infringe on intellectual property rights
  • Use the platform to harass or defraud others
  • Collect data through scraping, crawling, or automation without permission

You’re also responsible for any fees and taxes related to your use of the Services, unless we explicitly state otherwise.

7. Seller Policy for Digital Products

Wellgenda is a platform exclusively for the sale of digital downloads. Sellers must ensure that all products listed are digital files that are delivered electronically through the platform. Examples include downloadable art, templates, guides, educational materials, and digital design resources.

Sellers must:

  • Clearly describe the digital nature of the product
  • Ensure original authorship or the right to sell/distribute the file
  • Not offer physical products or services
  • Avoid use of copyrighted material unless authorized

All listings must:

  • Be accurately represented, including screenshots or preview images
  • Clearly indicate file type(s), size, and delivery method
  • Include disclosure if AI was used in the creation of the product

Prohibited content includes:

  • Files that contain malware or malicious code
  • Misleading descriptions
  • Unauthorized third-party content
  • Listings used for referral links, crowdfunding, or promotions without a product download

Sellers must comply with our IP and Community Standards policies. Wellgenda reserves the right to remove listings or suspend accounts for violations.

8. Termination

You may close your account at any time. We may suspend or terminate your account if we believe you’ve violated our Terms or engaged in abusive behavior.

Termination may result in loss of content or data associated with your account. Some terms (e.g., content licenses, indemnification) will survive termination.

We also reserve the right to change, suspend, or discontinue our Services at any time without liability.

9. Warranties and Limitations of Liability

We provide the Services “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including fitness for a particular purpose and non-infringement.

We are not liable for:

  • Damages from third-party products or services
  • Content posted by users
  • Interactions between users
  • Losses from interruptions or errors

Our maximum liability to you will not exceed the greater of $100 or the amount you paid to Wellgenda in the past 12 months.

10. Indemnification

If we are sued or face claims due to your use of the Services, your content, or your breach of these Terms, you agree to defend, indemnify, and hold Wellgenda and its affiliates harmless from all claims, damages, losses, and expenses (including legal fees).

11. Disputes Between Users

We encourage users to resolve disputes directly. However, if you’re unable to reach a resolution, we may step in at our discretion to help facilitate resolution. We do not guarantee results and are not obligated to mediate or resolve conflicts.

You release Wellgenda from all liability related to user-to-user disputes.

12. Dispute Resolution and Arbitration Agreement

For users worldwide, we agree to resolve disputes through binding individual arbitration, not in court. You waive the right to participate in class actions or jury trials. Certain exceptions apply (e.g., small claims court or IP disputes).

Before arbitration, both parties agree to attempt informal resolution. If unresolved, the dispute will be referred to an agreed-upon arbitration service. Arbitrations will be conducted in English and may occur remotely.

13. Governing Law

These Terms are governed by the laws of the jurisdiction where Wellgenda is established, unless otherwise required by law. Any unresolved legal action must be brought in the appropriate courts in that jurisdiction.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the platform. Continued use of the Services after changes become effective constitutes acceptance.

15. Contact Us

If you have questions or concerns, please contact us through our official website:
👉 www.wellgenda.com