Terms of Service

1. Acceptance of Terms

By accessing or using the website thewellus.com, the OZ Calculator mobile application, or any services provided by The Well US Inc. ("The Well US," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Description of Services

The Well US provides digital marketing consulting, web design, and related services for the spirits, wine, beer, restaurant, and hospitality industries. We also offer the OZ Calculator mobile application, a beverage pricing and recipe tool. Our Services include:

• Website and digital marketing consulting
• Web design and development services
• OZ Calculator app — pricing calculator, unit converter, batch scaling, and product comparison tools
• Cloud storage for user-created content within the app

3. Account Registration

To access certain features of the OZ Calculator app, you must create an account using email/password, Google Sign-In, or Apple Sign-In. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating your account and to update your information as necessary. You must notify us immediately of any unauthorized use of your account.

4. Acceptable Use

You agree not to use our Services to:

• Violate any applicable law or regulation
• Infringe upon the intellectual property rights of others
• Transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated tools to scrape, crawl, or extract data from our Services without permission
• Interfere with or disrupt the operation of our Services
• Use our Services for any purpose that is fraudulent, misleading, or deceptive

5. User Content

You retain ownership of any content you create using the OZ Calculator app, including custom recipes, product comparisons, and saved calculations ("User Content"). By using our Services, you grant us a limited license to store and process your User Content solely for the purpose of providing the Services to you. We will not sell, share, or use your User Content for any purpose other than delivering the Services.

6. Intellectual Property

All content, features, and functionality of our Services — including but not limited to text, graphics, logos, icons, images, software, cocktail recipe database, and design elements — are the property of The Well US Inc. and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of our Services without our prior written consent.

7. Pricing & Calculations Disclaimer

The OZ Calculator app provides pricing calculations, cost analyses, and recipe scaling as informational tools only. While we strive for accuracy, all calculations are based on user-provided inputs and should be verified independently before making business decisions. The Well US is not responsible for any financial losses, pricing errors, or business decisions made based on information provided by the app. The curated cocktail recipes are provided for reference and may need to be adjusted based on your specific products and preferences.

8. Third-Party Services

Our Services integrate with third-party platforms including Google Firebase, Google Sign-In, Apple Sign-In, and others. Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of any third-party services.

9. Service Availability

We strive to maintain the availability of our Services but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

10. Limitation of Liability

To the fullest extent permitted by applicable law, The Well US Inc., its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services, regardless of the cause of action or the theory of liability, even if we have been advised of the possibility of such damages. Our total liability to you for all claims arising from your use of the Services shall not exceed the amount you paid us, if any, during the twelve (12) months prior to the claim.

11. Indemnification

You agree to indemnify and hold harmless The Well US Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our Services, your violation of these Terms, or your violation of any rights of another.

12. Termination

We may terminate or suspend your account and access to our Services at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason. You may delete your account at any time through the OZ Calculator app. Upon termination, your right to use the Services will immediately cease, and your User Content stored on our servers may be deleted.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the federal or state courts located in Suffolk County, New York.

14. Changes to These Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of our Services after any changes constitutes acceptance of the updated Terms.

15. Contact Us

If you have any questions about these Terms of Service, please contact us: