Terms of Service
‍

Last updated: April 29, 2021

Beta Disclaimer

Please note that we currently offer our services only in a beta version. Therefore, the Services (see definition below) are still undergoing final testing before their official release. The platform, its software and all content found on it are provided on an “as is” and “as available” basis and we do not give any warranties, whether express or implied, as to the suitability or usability of the Services.

Should you encounter any bugs, glitches, lack of functionality or other problems with the Services, please let us know immediately so we can rectify these accordingly. Your help in this regard is greatly appreciated! You can write to us at this address welcome@anywell.com.

Introduction

Welcome to  anywell! These terms of service ("Terms") describe the terms and conditions for accessing, joining and using anywell Services (defined below). These Terms, together with our privacy policy (“Policy”), available at https://www.anywell.com/privacy-policy, constitute a legally binding agreement between you, and anywell Hosting Solutions Ltd. D/B/A anywell (“anywell”, “we”, or the “Company”, and “Agreement” respectively).

These Terms govern the relationship between you and us, whether you are (i) a visitor to our websites, applications or landing pages that link to these Terms (“Visitor”, “Website” and “App”, respectively); (ii) a user that is registered to our Services and using our App and Services, as this term defined below (“User” or “Member”); or (iii) a business customer, a business partner that has a contractual relationship with us, or a prospective customer that is yet to be engaged in a contract with us (“Customer”). If not explicitly mentioned otherwise, the information in this Policy refers to all types of users (“you” or “your”).

By accepting these terms, either by signing a document, clicking a button or checking a checkbox, or implicitly, by using our Website or installing our mobile App, you grant your consent to the Agreement. you are advised to read them thoroughly before using the Services. In case you do not agree with any of the conditions set in the Agreement, you should avoid using the Services.

Orientation

We know it can be a burden to navigate long legal document, so to ease your navigation through these Terms, you may use the following headlines:

Definitions

Our Services

Third Party Services

Joining anywell

Using the Services

License

Non-circumvention; Rules of conduct

Ownership

Claims for Infringement of Intellectual Property

Availability, Changes and Interruption of Our Services

Disclaimers; Limitation of Liability; Indemnity

Modification and Notices

Law and Forum for Legal Disputes

General

Questions/Contact Us

1. Definitions

• Capitalized terms will have their respective definitions as stipulated throughout the Terms. 
• The Terms Book, Booking, Credit Points, Guest(s), Member(s), Services, Space(s) and Venue(s) shall have their respective definitions as stipulated in our Privacy Policy.

2. Our Services

• General: anywell provides a platform that offers Members the opportunity to Book a Space in a Venue by using Credit Points (the “Platform”). 
• The Services include, without limitation, the Website, mobile App, the Platform and the content and services provided through them and operated by anywell. 

3. Third Party Services

The Services may include tools, features, online or offline services owned and operated by third parties, including, without limitation, the following (each one, or jointly “Third Party Services”):

• Venues and Spaces, including any online and offline services provided to Members and Guests on site.
• Supplemental services to ours such as billing, payment processing, information hosting, customer support, may be provided by a third party with the relevant expertise from time to time.
• Features, tools, links and other content we may make available from time to time, and will be accompanied by a third-party label, and link to term and privacy policies.

You hereby acknowledge that services provided by third parties are governed by their own terms, conditions, policies, warranties and liabilities. Unless explicitly specified otherwise, we will not be liable for any use, engagement or service between you and such third parties.  

4. Joining anywell

4.1  As a Customer

A Customer who wishes to use our Services, will engage with us in a dedicated business-to-business agreement, following which the Customer will indicate employees eligible to use Credit Points (“Eligible Employee(s)”). Unless explicitly stated otherwise, this Agreement constitutes part of any business-to-business agreement with a Customer.

4.2 As a Member

Eligible Employees indicated by a Customer will receive a URL link from us, inviting them to register as a Member and use the Platform. Creating a Member account for registration, verification and management purposes(“Account”), so as reading, agreeing and complying with this Agreement are a prerequisite for an Eligible Employee to become a Member.

Once registered to your Account as a Member, accepting and complying with this Agreement, and upon verification of your identity and eligibility, you will be able to access the Platform and use Credit Points for Booking purposes. Members will be able to track their Booking activities and Credit Points directly from their Account. You hereby acknowledge, agree and warrant  that:

• You, and only you will access and use your Account; and
• You will keep your Account protected, your password confidential, and refrain from sharing it with others. 

Members are welcome to provide optional information via their Account to enhance their experience, including, notifying Venues through the Platform of any special necessities or disabilities related to a Booking. 

At the moment our Services are not offered to individuals seeking to join independently of their organizations, and if you wish to become a Member of the Platform and use the Services, you should do so via your organization or contact us directly at welcome@anywell.com..

5. Using the Services 

The Services include instructions on how to use them by Members, Customers or other types of users. 

5.1. Booking a Space

Members can use their Account and Credit Points to Book a Space in Venue that is offered via the Platform as available. You acknowledge and agree that although comments, requests and feedback are welcome via the Platform to help us and the Venues optimize the Services, the Venues are independently operated and engaged with us in a service agreement rather than owned by us. 

5.2. Fees and Payments

The current format of the Services supports only one form of payment. Customers will pay in advance according to our agreement with them, in exchange for Credit Points that will be allocated to Eligible Employees. 

If your Credit Points balance is not sufficient to make a Booking, either seek to Book by using a team member’s Credit Points via your Account, or, seek for a solution through your organization. 

5.3. Cancelling a Booking

While we recommend to refrain from cancelling a Booking, you do have the option to cancel without a charge within 24 hours before the Booking date and time. For more information regarding cancelations of bookings, please visit our cancelation policy, available at KG41.

6. License 

Subject to your compliance with these Terms, anywell grants you a limited, non-exclusive, non-commercial, non-sub licensable, revocable, non-transferable license to: (1) access and use the Services; and (2) access and use the content, information and related materials that may be made available through the Services - in each case solely for your personal, non-commercial use; (3) if you are a Customer or a Member, a license to use the Platform, solely for the purposes of managing Booking and Credit Points. Any rights not expressly granted herein are reserved by anywell and its licensors, and are restricted for you to use.

Without derogating from the generality of the above, and for the avoidance of doubt, you may not: (1) copy, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Platform or any portion of them, except as expressly permitted by us; (2) decompile, reverse engineer or disassemble the Platform or  Services; (3) link to, mirror or frame any portion of the Services or Platform; (4) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Platform; or (5) attempt to gain unauthorized access to or impair any aspect of the Services, Platform or its related systems or networks.

7. Non-circumvention; Rules of conduct 

7.1. Non-circumvention. You must not take part, directly or indirectly, including by inducing others to break or circumvent the Platform, the Services or these Terms.

7.2. Rules of Conduct. You must follow the rules of conduct, as follows:

• Act with integrity and treat Venues, Guests, Customers, Members and other individuals visiting Venues with respect, and according to the Venues’ rules of conduct.
• Do not misrepresent something or someone, or pretend to be someone else.
• Do not discriminate against or harass others.
• Do not vandalize others’ property, whether tangible or not, and take good care of it while using it.
• Do not scrape, hack, reverse engineer, compromise or impair the Platform or any portion of the Services.
• Do not use any manual or automated means (including, without limitation, bots, crawlers or scrapers) to access or collect data or other content from or otherwise interact with the Platform.
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Platform or Services.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Platform, the Services, the reputation or goodwill of anywell, Venues, Customers or Members.
• Only use the Platform, Services, Venues, Account, Credit Pointes or related content as authorized by these Terms or another agreement with us.
• You may only use another Member’s or Guest’s personal information as necessary to facilitate a Booking using the Platform as authorized by these Terms.
• Do not use the Platform or other part of the Services for spamming purposes. 
• Do not request, make, or accept a Booking or any payment outside of the Platform to avoid Credit Points’ top-up, fees, taxes or for any other reason. 
• Do not request, make or accept a Booking unless you are actually intended to respect or attend to such a Booking.

7.3 Your legal representations

• You represent and warrant that: (a) you have the legal authority, age, eligibility and capacity to engage with us in this Agreement; (b) you will comply, at all times, with the terms of this Agreement and with applicable laws rules and regulations; (c) you will comply and follow each Venue policies of conduct. 
• You understand and will follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law and our Privacy Policy, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

7.4. Reporting Violations. If you believe that a Venue, a Member, the Services poses an imminent risk of harm to a person or property, or otherwise violated these Terms or our Privacy Policy, you may contact us to report at welcome@anwell.com, and we will address the matter if required by law or relevant to the Services.

8. Ownership

The Services and all rights therein, including all copyrights, trademark rights, patent rights, database rights and other intellectual property or other rights in and to the Services, including without limitation all software, integrations with data sources, technology and other rights used to provide the Services, all graphics, user interfaces and any documentation and any improvements, design and any knowledge or processes related to them, are and shall remain anywell's property or the property of third parties collaborating with us, such as Venues. 

Neither these Terms nor your use of the Services convey or grant to you any rights, except for the limited license granted above. Do not use the name, logo, branding, or trademarks of anywell or others without permission. 

Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with anywell name or branding.

9. Claims for Infringement of Intellectual Property

anywell respects the intellectual property rights of others, and will respond expeditiously to claims of intellectual property infringement regarding content published on our App or Website.

If you have such a claim, please submit it to [email address] with sufficient information about the claim and prove for your ownership of rights. In the event where we will receive proper notice of intellectual property infringement, we will strive to respond quickly to investigate the matter and address your claim.

10. Availability, Changes and Interruption of Our Services

From time to time we may modify and/or update the Website or App, in order to improve performance, enhance functionality, reflect changes to operating systems and/or address security or interface issues. We reserve the right to carry out such modifications at any time, including temporarily suspending the Services. Respectively, we may update these Terms to reflect any change and will notify you for significant updates or changes via email or through your Account. Otherwise, updated versions of the Terms will be reflected by the “last updated” label at the top of the Terms.

11. Disclaimers; Limitation of Liability; Indemnity

11.1 Disclaimer

The Services are provided "as is", without any warranty of any kind, and on an "as available" basis. anywell disclaims all responsibilities, representations and warranties – expressed or implied – which were not expressly set out in these Terms. anywell does not guarantee, and is not responsible for, the quality, suitability, safety or ability of any third party providers, including the Venues, spaces or other Third Party Services . By using any portion of the Services, you accept that the entire risk arising out of actions made by you or by third parties remains solely with you, to the maximum extent permitted under applicable law.

11.2 Limitation of Liability

In no event will anywell, its directors, stakeholders, employees or contractors be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the  Services, Platform, or any related software accessed through or downloaded from them, or your inability to access them. Without limiting the generality of the foregoing, anywell shall not be responsible in any way to any transaction or relationship between you and the Venues. The Venues and Spaces that Members and Customers can Book via the Services are third parties to this agreement, and are not employed by anywell. 

The limitations mentioned in these Terms do not infringe your rights as a consumer that cannot be excluded under applicable law, therefore in such jurisdictions, anywell’s liability shall be limited to the extent permitted by law. This provision has no effect on The anywell’s choice of law provision set forth below.

11.3 Indemnification

You hereby agree to indemnify, defend and hold us and our directors, employees, and third party representatives, consultants and contractors, from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorneys' fees) or liabilities arising out of, resulting from, or in connection with your violation of any of these Terms the Privacy Policy or your use of the Services.

12. Modification and Notices

anywell may modify these Terms from time to time to conform to an applicable legislation, or, when We develop and adjust the Website or Our Services. When We make changes, We will update the “Last updated” statement of the Terms above, to reflect any such changes and those will become effective upon such date. If the changes are significant, We will also provide youYou with notice of any material changes by email at least 7 days before the date they become effective. If youYou disagree with the revised terms, youYou may terminate Your agreement with us, before the revised terms become effective. If youYou will continue to access or use our Website or Our Services after the changes become effective, it shows youYour acceptance of the revised terms.

13. Law and Forum for Legal Disputes

These Terms will be governed in all respects by the laws of the state of Israel, and the exclusive jurisdiction is given to the courts of Tel Aviv, Israel. Make sure

14. General

These Terms, together with The Company's Policy and any other policy we may incorporate onto these Terms from time to time, contain the entire understanding and agreement between you and anywell.

you may not assign these Terms without our prior written approval. anywell may assign these Terms, without your consent, to: (1) a partner or contractor of anywell; (2) an acquirer of The Company’s equity, business or assets; or (3) a successor by merger.

15. Questions/Contact Us

Should you have any questions or if you want to know more about these Terms, you are welcome to contact us at welcome@anywell.com. You are also welcome to read our Rules and Policies document, which might already have an answer to your question, and available at KG41