TERMS OF SERVICE FOR NEWELL, INC
Last Updated: November 19, 2025
PLEASE READ CAREFULLY
INTRODUCTION
Welcome to NeWell, Inc and its affiliates and subsidiaries (collectively “NeWell”, “we”, “our”, or “us”). NeWell provides leadership development, performance architecture, advisory consulting, revenue optimization systems, digital infrastructures, applications, artificial intelligence supported tools, online curriculum, software, analytics, community platforms, media, coaching, and related services (collectively the “NeWell Services”).
These Terms of Service (“Terms”) govern your access to and use of the NeWell Services including without limitation:
Websites owned or operated by NeWell
The NeWell Plus application
The NeWell digital curriculum
NeWell consulting engagements
NeWell assessments and diagnostics
NeWell leadership frameworks
AI powered features and tools
Online communities and communication systems
By accessing or using any NeWell Service, or by submitting any form, purchase, application, registration, or electronic signature, you agree to be legally bound by these Terms and our Privacy Statement.
If you do not agree to these Terms in full, you are not permitted to use any NeWell Service.
These Terms contain important provisions including:
Mandatory binding arbitration
Class action waiver
Limitations of liability
Disclaimers of warranties
Intellectual property terms
Community conduct requirements
Electronic signature acceptance
AI usage and liability disclaimers
PLEASE READ THESE TERMS CAREFULLY.
THIS IS A BINDING AGREEMENT
These Terms constitute a legally enforceable contract between:
You (and the business entity you represent)
and
NeWell, Inc
If you use NeWell Services on behalf of a business, organization, group, or institution, you represent and warrant that you have full authority to bind that entity to these Terms.
Your continued use of any NeWell Service constitutes full acceptance of these Terms.
NeWell reserves the right to update or modify these Terms at any time by posting revised Terms to the Website or application. Your continued use after such changes constitutes acceptance of the updated Terms.
TABLE OF CONTENTS
Website Use
User Conduct and Restrictions
Privacy Statement and Data Protection
Information You Provide; Registration; Passwords
Account Security and Unauthorized Access
Intellectual Property Rights
License to Use NeWell Services
User Content, Uploaded Data, and Ownership
Business Information, Performance Data, and Confidentiality
AI Systems, AI Tools, and AI Output Usage
Order Placement and Acceptance
Subscription Terms and Automatic Payments
Refunds and Non Refundability
Shipping of Physical Materials
Products, Programs, and Service Descriptions
No Professional Advice Disclaimer
Individual Results Will Vary Disclaimer
Responsibilities in Operating Your Business
Community Access, User Interactions, and Moderation
Compliance with Laws
Sensitive Data Restrictions
Testimonials, Reviews, Media, and Feedback Licensing
Communication Consent
Electronic Records and Electronic Signatures
Data Storage, Security, and Availability
International Users and Cross Border Transfers
Service Availability, Modification, and Discontinuation
Disclaimers of Warranties
Limitations of Liability
Indemnification
Copyright, DMCA, and Intellectual Property Complaints
Third Party Websites, Tools, and Integrations
Termination of Access
Governing Law
Mandatory Binding Arbitration
Class Action Waiver
Venue
Force Majeure
Assignment
Severability
No Waiver
Entire Agreement
Contact Information
SECTION 1 — WEBSITE USE
The NeWell Website and NeWell Services are intended for adults and legitimate organizations. You represent that you:
Are at least eighteen years old or the age of majority in your jurisdiction
Have capacity to enter into legally binding contracts
Are not barred from receiving services under any applicable laws
Will use the NeWell Services only in accordance with these Terms and all applicable laws
If you do not meet these requirements, you must not use the NeWell Services.
SECTION 2 — USER CONDUCT AND RESTRICTIONS
You agree that you will use NeWell Services responsibly and ethically. You will not engage in:
Harmful acts including:
Attempting to gain unauthorized access
Deploying malware, viruses, bots, or harmful code
Tampering with security systems
Interfering with service operation or infrastructure
Reverse engineering NeWell software
Disrupting user experience or community interactions
Prohibited data extraction including:
Scraping
Crawling
Data mining
Mass copying of content
Unauthorized data harvesting
Illegal behavior including:
Fraud
Misrepresentation
Identity manipulation
Harassment
Discrimination
Defamation
Unsolicited or unlawful messaging including:
Unlawful telemarketing
Violating CAN SPAM
Violating the Telephone Consumer Protection Act
Unsolicited mass emails, texts, or calls
Sensitive data handling violations including:
You must not upload or store within NeWell systems:
Bank account numbers
Full credit card numbers
Government issued identification
Protected health information
Social security numbers
Biometric data unless explicitly disclosed and permitted
SECTION 3 — PRIVACY STATEMENT AND DATA PROTECTION
Your use of the NeWell Services is governed by the NeWell Privacy Statement. By using the Services, you consent to NeWell’s collection, storage, processing, and use of your information as described therein.
NeWell implements commercially reasonable measures to protect your data but cannot guarantee absolute security.
SECTION 4 — INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS
By providing information to NeWell, you represent that:
All information is truthful and accurate
You will update information as necessary
You will not impersonate others
You will not misrepresent your identity
If you create an account:
You are responsible for maintaining confidentiality of your login credentials
You are responsible for activities conducted through your account
You agree to notify NeWell immediately of unauthorized access
SECTION 5 — ACCOUNT SECURITY AND UNAUTHORIZED ACCESS
You acknowledge:
NeWell may implement multi factor authentication
NeWell may monitor accounts for suspicious behavior
NeWell may suspend or terminate accounts suspected of unauthorized usage
You are solely responsible for secure device management
NeWell is not liable for unauthorized access caused by your negligence.
SECTION 6 — INTELLECTUAL PROPERTY RIGHTS
NeWell owns all rights in:
Leadership frameworks
Performance architecture systems
High performance infrastructure methods
Training materials
Video and audio content
Software, applications, AI models, and prompts
Digital curriculum
Designs, images, logos, and branding
Written guides, tools, diagnostics, and assessments
You do not acquire ownership rights through use.
Unauthorized use of NeWell intellectual property is strictly prohibited.
SECTION 7 — LICENSE TO USE NEWELL SERVICES
NeWell grants you a limited, revocable, non transferable, non exclusive license to access and use NeWell Services solely for legitimate internal business or personal professional development purposes.
You may not:
Reproduce the content
Resell or commercially exploit the content
Modify or create derivative works
Share access with external parties
Train external AI models using NeWell content
Upload NeWell content to competitors
Provide NeWell material as your own training system
Violation results in immediate termination.
SECTION 8 — USER CONTENT, UPLOADED DATA, AND OWNERSHIP
Users may upload:
Business performance data
Leadership insights
Journal entries
Files, media, models, or content
Comments in community areas
Reviews or testimonials
You represent that:
You own or have rights to uploaded content
You grant NeWell a non exclusive, worldwide, perpetual, royalty free license to use, process, store, analyze, and display content for operation of the Services
NeWell may use anonymized or aggregated data to improve systems and AI models
You must not upload illegal or infringing content.
SECTION 9 — BUSINESS INFORMATION, PERFORMANCE DATA, AND CONFIDENTIALITY
NeWell takes reasonable measures to maintain confidentiality, however:
NeWell does not guarantee absolute secrecy
You must not upload confidential information you cannot legally disclose
NeWell may access content for service delivery or compliance
NeWell may retain content as permitted by law
SECTION 10 — AI SYSTEMS, AI TOOLS, AND AI OUTPUT USAGE
NeWell offers artificial intelligence powered tools including but not limited to leadership coaching bots, analytical systems, structured output tools, and self improvement assistants.
You acknowledge:
AI outputs may be inaccurate
AI may produce harmful, biased, or incomplete content
AI is not a substitute for professional advice
AI tools are for general informational and developmental purposes only
AI should not be relied upon for mental health interventions
AI may store conversations to improve system performance
NeWell is not liable for:
Decisions made based on AI outputs
Interpretations of AI suggestions
AI hallucinations or incorrect responses
Emotional, mental, or business outcomes based on AI guidance
You must not:
Use AI for harmful purposes
Seek legal, medical, or therapeutic advice from AI
Upload sensitive private information into AI tools
AI outputs are not owned by you if they contain NeWell proprietary content.
SECTION 11 — ORDER PLACEMENT AND ACCEPTANCE
All orders are subject to:
Verification
Availability
Final approval by NeWell
NeWell may refuse or cancel any order for any reason.
A purchase agreement is formed when NeWell delivers access, materials, or written confirmation.
SECTION 12 — SUBSCRIPTION TERMS AND AUTOMATIC PAYMENTS
By enrolling in subscription services:
You authorize recurring payments
Charges continue until cancellation
You must maintain an active payment method
Fees may change with notice
Taxes may apply
NeWell may suspend access after failed payments.
Cancellation requires written notice to support@newell.io.
SECTION 13 — REFUNDS AND NON REFUNDABILITY
Unless explicitly stated otherwise:
All purchases are final
Digital products are non refundable
Consulting time is non refundable
Early cancellations do not qualify for prorated refunds
NeWell reserves the right to deny refund requests at its discretion.
SECTION 14 — SHIPPING OF PHYSICAL MATERIALS
If applicable:
Shipping costs may apply
Delivery dates are estimates
Risk transfers to purchaser upon shipment
NeWell is not responsible for carrier delays
SECTION 15 — PRODUCTS, PROGRAMS, AND SERVICE DESCRIPTIONS
Descriptions of programs and services are:
Provided in good faith
Not guaranteed to be free of typographical or factual errors
Subject to change at any time
SECTION 16 — NO PROFESSIONAL ADVICE DISCLAIMER
NeWell does not provide:
Legal advice
Tax advice
Investment advice
Medical advice
Mental health therapy
Licensed professional counseling
You must consult qualified professionals.
SECTION 17 — INDIVIDUAL RESULTS WILL VARY DISCLAIMER
Your results depend entirely on:
Your execution
Your leadership
Your market
Your discipline
External conditions
NeWell provides tools and frameworks, not guaranteed outcomes.
SECTION 18 — RESPONSIBILITIES IN OPERATING YOUR BUSINESS
You are solely responsible for:
All marketing claims
All financial disclosures
All regulatory compliance
Tax obligations
Decisions made using NeWell content
NeWell is not liable for legal violations by your organization.
SECTION 19 — COMMUNITY ACCESS, USER INTERACTIONS, AND MODERATION
If you participate in NeWell communities:
You must behave respectfully
You may not harass, bully, or intimidate
You may not solicit unlawful or inappropriate content
NeWell may moderate or remove content
NeWell is not responsible for actions of community members.
SECTION 20 — COMPLIANCE WITH LAWS
You agree to comply with:
Federal and state marketing laws
FTC guidelines
CAN SPAM
Telephone Consumer Protection Act
Arizona consumer protection laws
New York consumer protection laws
Data privacy regulations
International laws applicable to your region
SECTION 21 — SENSITIVE DATA RESTRICTIONS
You must not upload:
Bank numbers
Health records
Social security numbers
Biometric identifiers
Trade secrets not legally disclosable
NeWell is not responsible for improper uploads.
SECTION 22 — TESTIMONIALS, REVIEWS, MEDIA, AND FEEDBACK LICENSING
By submitting content, you grant NeWell:
A perpetual, worldwide license
To use, edit, publish, distribute, and display content
For marketing or training
Without compensation
All submissions must be truthful and lawful.
SECTION 23 — COMMUNICATION CONSENT
By entering information, you consent to:
Emails
Text messages
Phone calls
Push notifications
Automated communications
You may opt out except for essential communications.
SECTION 24 — ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES
(FULL ESIGN ACT AND UETA COMPLIANT)
You agree that:
NeWell may deliver all communications electronically including agreements, disclosures, notices, receipts, and updates.
Your electronic actions including clicking buttons, submitting forms, typing your name, or otherwise indicating consent constitute your legally binding electronic signature.
Your electronic signature has the same force as a handwritten signature under the ESIGN Act, the Uniform Electronic Transactions Act, and applicable state laws including Arizona and New York law.
You consent to the creation, retention, and use of electronic records.
You understand you may withdraw consent only by ceasing all use of NeWell Services.
You are responsible for retaining copies of electronic communications.
Electronic signatures will be used for:
Contract acceptance
Program agreements
Billing authorization
Subscription enrollment
Community participation agreements
AI usage notices
Arbitration disclosures
Privacy disclosures
NeWell may rely on the validity of any electronic signature or electronic record.
NeWell is not responsible for:
Device failures
Email filter behavior
Loss of access to your account
Errors caused by your hardware or internet provider
You waive rights to require handwritten signatures.
SECTION 25 — DATA STORAGE, SECURITY, AND AVAILABILITY
NeWell implements commercially reasonable safeguards but cannot guarantee:
Continuous availability
Absence of data loss
Absolute security
You acknowledge:
You store data at your own risk
Service interruptions may occur
NeWell may perform maintenance without notice
NeWell may restrict usage to maintain stability
SECTION 26 — INTERNATIONAL USERS AND CROSS BORDER TRANSFERS
NeWell may process, store, and transfer data:
In the United States
Outside the United States
Through third party infrastructure providers
By using the Services, you consent to cross border data transfers.
SECTION 27 — SERVICE AVAILABILITY, MODIFICATION, AND DISCONTINUATION
NeWell may:
Modify or update Services
Change features
Remove or restrict features
Discontinue programs
Suspend access
Perform maintenance
NeWell is not liable for service interruptions.
SECTION 28 — DISCLAIMERS OF WARRANTIES
The NeWell Services are provided on an “as is” and “as available” basis.
NeWell disclaims:
All express warranties
All implied warranties
Warranties of fitness
Warranties of accuracy
Warranties of reliability
Warranties of uninterrupted service
You use the Services at your own risk.
SECTION 29 — LIMITATIONS OF LIABILITY
To the fullest extent permitted by law:
NeWell is not liable for:
Lost profits
Lost data
Business interruption
Emotional distress
Loss of goodwill
Indirect or consequential damages
Total liability is limited to:
The amount paid in the twelve months prior to claim
Or one thousand dollars
Whichever is greater.
SECTION 30 — INDEMNIFICATION
You agree to indemnify and hold harmless NeWell, its directors, officers, employees, agents, and contractors from:
Claims arising from your use of the Services
Violations of law
Uploads of data
User interactions
AI misuse
Breach of these Terms
Negligence or misconduct
SECTION 31 — COPYRIGHT, DMCA, AND IP COMPLAINT PROCEDURES
If you believe content violates copyright, send a notice to:
Email: support@newell.io
Subject: DMCA Notice
NeWell may remove material, disable access, or terminate accounts.
SECTION 32 — THIRD PARTY WEBSITES, TOOLS, AND INTEGRATIONS
NeWell may integrate with third party platforms. NeWell is not responsible for:
Security
Accuracy
Availability
Reliability
You use third party services at your own risk.
SECTION 33 — TERMINATION OF ACCESS
NeWell may terminate or suspend your access immediately for:
Violations of these Terms
Fraudulent behavior
Harmful activities
Non payment
Legal or regulatory issues
Termination does not entitle you to refunds.
SECTION 34 — GOVERNING LAW
This Agreement is governed by the laws of:
The State of Arizona
The State of New York
without regard to conflict of law principles.
SECTION 35 — MANDATORY BINDING ARBITRATION
You agree that any dispute or claim will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
Arbitration will occur in either:
Arizona
New York
unless mutually agreed otherwise.
Arbitration is final and binding.
SECTION 36 — CLASS ACTION WAIVER
You agree that:
You may bring claims only in your individual capacity
You waive participation in class actions or representative actions
Arbitration may not be consolidated with other disputes
If this waiver is deemed unenforceable, the arbitration clause is void.
SECTION 37 — VENUE
Where arbitration is not permitted, disputes may be brought only in:
State or federal courts in Arizona
State or federal courts in New York
You consent to jurisdiction in those courts.
SECTION 38 — FORCE MAJEURE
NeWell is not liable for delays beyond its control including:
Natural disasters
War
Pandemics
Government actions
Infrastructure failures
Internet outages
Third party failures
SECTION 39 — ASSIGNMENT
NeWell may assign rights and obligations without notice.
You may not assign your rights without written consent.
SECTION 40 — SEVERABILITY
If any part of these Terms is found invalid, the remaining provisions remain fully enforceable.
SECTION 41 — NO WAIVER
Failure to enforce a provision does not constitute waiver.
SECTION 42 — ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and NeWell regarding your use of the Services.