1.1 When using this Service, you must ensure that the content you input and the reference images you upload do not infringe on the legitimate rights and interests of others, do not contain harmful information, pornographic content, or politically relevant content, and that all input content complies with the requirements of laws and regulations.
1.2 If the platform discovers that you intentionally input the non-compliant content specified in Clause 1.1, generate non-compliant images, and engage in dissemination or rumor-mongering, which causes adverse impacts on the company, we reserve the right to permanently ban your account and pursue your relevant legal liabilities in accordance with the law.
1.3 You confirm and acknowledge that all content generated by this experience service is produced by an artificial intelligence model, and you shall verify the accuracy of the content on your own. The platform only provides technical support, and the generated content does not represent any attitude or opinion of ours.
1.4 The information sources of our Service are within the scope permitted by laws and regulations, including but not limited to the accumulation of public Internet information. Sensitive data filtering has been conducted through both automated and manual methods; however, it is still impossible to completely rule out the possibility that some information may contain defects, be unreasonable, or cause displeasure. In case of such circumstances, you are welcome to provide feedback via our customer service email (aqualy2019@gmail.com). We will attach great importance to your opinions and take effective handling measures in a timely manner. Thank you for your understanding and support.
1.5 Before agreeing to this Disclaimer, you shall input content in strict accordance with the provisions of the User Agreement and Disclaimer.
1.6 Regardless of whether you have actually read this Disclaimer, once you click to confirm and agree to this Disclaimer or actually use the Service provided by us, it shall be deemed that you have reached an agreement with us on this Disclaimer and agree to accept all the provisions hereof. If you do not agree to any content of this Disclaimer or cannot accurately understand the interpretation of the clauses, please click "Disagree" or stop using the Service; otherwise, it shall be deemed that you have accepted all the clauses and applicable conditions of this Disclaimer and agree to be bound by them.
1.7 We respect and protect the personal privacy of you and all users. We hereby remind you that when using this Service, the content you input shall not contain your own or others' personal information.
The Wellpulse software (hereinafter referred to as "Wellpulse") is mobile software provided by Wellpulse Team. Users should carefully read this Installation License Agreement (this "Agreement") prior to the installation of the Wellpulse. This Agreement sets out the terms and conditions of use for the Wellpulse, and is made between you, the User, and Wellpulse Team. This Agreement governs your use of the Wellpulse provided to you by Wellpulse Team, including any releases of or to the Wellpulse that you may receive from Wellpulse Team, together with the documentation included therewith. By accepting this agreement (which acceptance can be manifested by, for example, clicking the 'I accept' button when prompted, or by accessing or using Wellpulse), you: (i) signify that you have read, understood, and agree to be bound by all the terms and conditions set forth in this Agreement and to the collection and use of your information as set forth in the Wellpulse Team Privacy Policy and the Wellpulse User Experience Program Policy; and (ii) warrant that you are at least eighteen years old and have the legal capacity to enter into contracts. Alternatively, you agree to be bound by such terms and conditions by, without limitation, downloading, installing, copying or using the Wellpulse. Wellpulse Team is willing to make the Wellpulse available to you only upon the express condition that you accept the terms of this Agreement. If you fail to accept the terms of this Agreement in full, then you shall not be entitled to use the Wellpulse software for any purposes and shall not be able to claim the benefit of any terms of this Agreement. Any use of the Wellpulse in violation (contravention) of any terms of this Agreement shall not be permitted.
For purposes of this Agreement, the following terms will have the following meanings:
1.1 'Wellpulse' means the proprietary Wellpulse Team software products (in object code format only) delivered to you hereunder (including but not limited to the Wellpulse), together with any updates or upgrades thereto, when and if made available to you by Wellpulse Team. The Wellpulse does not include Third-Party Software.
1.2 'Services' means the various services to which Wellpulse Team provides you with access, including without limitation the Wellpulse, Wellpulse Team websites, search services, personalized content and branded offerings through its network of services that may be accessed through any various medium or device now known or hereafter developed.
1.3 'Third-Party Software' means the software of certain third parties that Wellpulse Team may deliver with the Wellpulse, including but not limited to widgets of certain third parties and independent developers.
1.4 'Use' means to cause a mobile device to execute any machine-executable portion of the Wellpulse in accordance with the terms and conditions of this Agreement.
1.5 'User' means the legal entity or person who orders or downloads the Wellpulse and/or activates the Services.
2.1 The Wellpulse is licensed, not sold, to you by Wellpulse Team. Subject to the terms and conditions of this Agreement, Wellpulse Team hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use one copy of the Wellpulse for personal non-commercial purposes only and provides this non-commercial-use Wellpulse. Wellpulse Team also provides installation, un-installation, and related data services for Users, meaning that subject to the terms and conditions of this Agreement you can independently choose to install, un-install, and use Wellpulse as well as any and all related data services provided by Wellpulse Team. Wellpulse Team may occasionally provide updates and upgrades to Users for the Wellpulse as such updates or upgrades become available. You may copy and distribute Wellpulse solely in a non-commercial manner. You agree to use your best efforts to prevent and protect the contents of the Wellpulse and Services from unauthorized disclosure or use. Wellpulse Team and its licensors reserve all rights, including but not limited to ownership and intellectual property rights, not expressly granted to you. Wellpulse Team'™s licensors are the intended third party beneficiaries of this Agreement and have the express right to rely upon and directly enforce the terms set forth herein. There are no implied licenses granted by Wellpulse Team under this Agreement. Except as specified above, you shall have no rights to the Software.
2.2 Any commercial use, sale, copying, distribution or any other conduct related to commercial activities, including but not limited to the pre-installation or binding of the Wellpulse software, is prohibited unless such individual has obtained prior written approval from Wellpulse Team.
2.3 The Wellpulse product is a part of the services provided by Wellpulse Team. Prior to using the Wellpulse software, you must carefully read and abide by the terms and conditions of this Agreement and all related Wellpulse Team policies, including but not limited to the Wellpulse Team Privacy Policy.
2.4 Limitations on Use. You shall ensure that you do not and will not (and may not cause or permit any third party to) commit any act or fail to commit any act that results in damaging or interfering with any of Wellpulse Team's services in any way, and shall not conduct, authorize aid or abet any third-party to conduct any of the following activities: (i) use the Wellpulse or Services except as expressly permitted under the terms and conditions of this agreement; (ii) separate the component programs of the Wellpulse for use on different devices; (iii) adapt, alter, publicly display, publicly perform, translate, embed into any other product, or otherwise create derivative works of, or otherwise modify the Wellpulse or Services; (iv) sublicense, lease, rent, loan, or distribute the Wellpulse or Services to any third party; (v) transfer the Wellpulse or Services to any third party; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Wellpulse, (a) except as permitted by applicable law, or (b) solely to the extent required to debug changes to any third party LGPL-libraries linked to by the Wellpulse; (vi) remove, alter or obscure any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Wellpulse Team or Services, or the applicable documentation therefore; (vii) allow third parties to access or use the Wellpulse or Services, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements; (viii) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Wellpulse or Services; or (ix) modify, adapt or translate the Wellpulse or create any derivative work of the Wellpulse. You may not release the results of any performance or functional evaluation of any of the Wellpulse or Services to any third party without prior written approval of Wellpulse Team for each such release. Whenever or wherever you commit any of these violations, you shall be held legally liable for any and all damages, fines, costs and expenses to Wellpulse Team for such action(s) under the furthest extent of the law, and Wellpulse Team shall have the right to seek legal, equitable and administrative redress against you by exercise of its legal rights and to implement legal remedies against you to the fullest extent of the law.
2.5 You acknowledge that Third-Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third-Party Software. The license restrictions contained in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. Wellpulse Team shall not be responsible for any Third Party Software.
2.6 Wellpulse Team reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree and acknowledge that Wellpulse Team shall not be liable to you, or to any third-party, for any modification, suspension or discontinuance of the Services.
3.1 The Wellpulse is protected by international Copyright Conventions, the Copyright Law of Hong Kong and all other applicable intellectual property laws and regulations. All Intellectual Property Rights (defined below) associated with the Wellpulse Team are owned by and are the exclusive property of Wellpulse Team, at all times and regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. You acknowledge that the Services and the Wellpulse, including without limitation the Wellpulse'™s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of Wellpulse Team and its suppliers and is considered Wellpulse Team'™s confidential information, and acknowledge that the Wellpulse and the Services and all intellectual property rights therein are the exclusive property of Wellpulse Team, including but not limited to all related Intellectual Property Rights. "Intellectual Property Rights" includes any and all rights protected by all applicable patent laws, copyright laws, trademark laws, anti-unfair competition laws and other laws and any and all other property rights, as well as any and all applications, updates, extensions and recovery of them. All content accessed through the Wellpulse or Services is the property of the applicable content owner and may be protected by applicable copyright law. No title or ownership to the Wellpulse or the Services or the Intellectual Property Rights embodied therein passes to you as a result of this Agreement or any act pursuant to this Agreement. All trademarks used in connection with the Wellpulse, Services, or any associated documentation are owned by Wellpulse Team, its affiliates and/or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. All suggestions or feedback provided by you to Wellpulse Team with respect to the Wellpulse or Services shall be Wellpulse Team'™s property and deemed Confidential Information (defined below) of Wellpulse Team.
3.2 You shall not maliciously or intentionally modify, copy, or transmit materials related to the Wellpulse. If damages are caused to others or to Wellpulse Team's image by your copying, modifying or transmitting of the Wellpulse or any related Wellpulse Team service, then you shall be liable for all corresponding damages, costs, fines and expenses Wellpulse Team incurs. You shall not delete, hide or change Wellpulse Team's copyright statement, registered trademarks, or any other statements. Wellpulse Team owns all copies of the Wellpulse, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Wellpulse Team, except to the extent necessary for you to use the Wellpulse or Services as expressly permitted under this Agreement.
4.1 The term of this Agreement will commence upon your download of the Wellpulse and/or your commencement of the Services and, unless earlier terminated as provided in this Section 4, will continue in perpetuity. This Agreement will immediately terminate upon your breach of this Agreement, unless such breach is curable and is actually and immediately cured by you after Wellpulse Team provides notice of breach to you. Upon the termination of this Agreement, you shall discontinue all use of the Wellpulse and/or Services, promptly destroy or have destroyed the Wellpulse and any copies thereof, and, upon request by Wellpulse Team, certify in writing to Wellpulse Team that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to Wellpulse Team. Sections 1, 2, 3, 5, 6, 7, and 8 shall survive such termination.
5.1 To the best of Wellpulse Team'™s knowledge, Wellpulse Team represents that Wellpulse does not contain any viruses or other malicious codes. Despite thorough testing of the Wellpulse, complete compatibility with all software, hardware and operating systems cannot be entirely guaranteed. In the event of non-compatibility, you may report such issue to Wellpulse Team by email requesting technical support. If the incompatibility issue cannot be resolved, you may uninstall the Wellpulse directly from the "Apps" within Settings. The Wellpulse is believed to be compatible only with mobile devices with Android system version 2.1 and up.
5.2 Because the Wellpulse may be downloaded and transmitted through the Internet, Wellpulse Team is unable to guarantee whether or not the Wellpulse version downloaded from third party websites or other media not issued directly by Wellpulse Team may or may not be infected with computer viruses or malicious code installed by Trojan programs or other hacker software. Wellpulse Team assumes no responsibility for any direct or indirect damages subsequent to the downloading of Wellpulse in such manner or from such a source.
5.3 NO WARRANTY. You understand and agree that you have the right, but not the obligation, to download and use the Wellpulse. YOU AGREE THAT THE Wellpulse AND SERVICES ARE PROVIDED 'AS IS' AND THAT Wellpulse Team AND ITS LICENSORS MAKE NO OTHER WARRANTY AS TO THE Wellpulse OR SERVICES, INCLUDING WITHOUT LIMITATION UNINTERRUPTED USE, ACCURACY, AND DATA LOSS. Wellpulse Team AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE (EVEN IF Wellpulse Team KNOWS OR SHOULD HAVE KNOWN OF SUCH PURPOSE OR USE), ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY OR QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, LAW, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE; AND RELATED TO THE Wellpulse OR SERVICES, THEIR USE OR ANY INABILITY TO USE THEM, THE RESULTS OF THEIR USE AND THIS AGREEMENT. ALL SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, AND SUCH DISCLAIMER IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. Wellpulse Team DOES NOT GUARANTEE THAT: (i) THE Wellpulse WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (ii) THAT ACCESS TO THE Wellpulse WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT THEE Wellpulse OR SERVICES DO NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THIS BARGAIN BETWEEN YOU AND Wellpulse Team. Wellpulse Team WOULD NOT PROVIDE THE Wellpulse OR SERVICES ABSENT SUCH DISCLAIMER. Wellpulse Team AND ITS LICENSORS ALSO DO NOT WARRANT THAT THE Wellpulse OR SERVICES OR ANY RESULTS OF USE THEREOF WILL BE FREE OF DEFECTS, ERRORS OR VIRUSES, RELIABLE OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR IN A PARTICULAR ENVIRONMENT OR THAT ERRORS THEREIN, IF ANY, WILL BE CORRECTED.
5.4 Within the limit of common practices and guidelines shared across the information technology industry, your information and behavior may be recorded and used by Wellpulse Team. By downloading, installing and/or using the Wellpulse, you agree and understand that Wellpulse Team may collect and use certain of your non-personal information in order to provide you with more accurate and well-targeted services. Unless required by laws or the requirements of a government department, Wellpulse Team will not provide any information concerning you to any third party.
5.5 Any communications sent to Wellpulse Team are the property of Wellpulse Team or its affiliates. Unless stated otherwise herein, submissions are not considered confidential, and Wellpulse Team is not liable for any use or disclosure of a submission. Except as noted herein, Wellpulse Team is entitled to unrestricted use of any submissions for any purpose whatsoever without compensation to the provider of the submission.
5.6 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, Wellpulse Team AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE), WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF Wellpulse Team HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR PROTECTING YOUR DATA, BY PERIODIC BACKUP OR OTHERWISE, USED IN CONNECTION WITH THE Wellpulse OR SERVICES. IN ANY CASE, Wellpulse Team'™S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF THE Wellpulse OR SERVICES FOUND TO BE DEFECTIVE THE AMOUNT PAID TO Wellpulse Team IN RESPECT OF THE Wellpulse GIVING RISE TO THE CLAIM, OR IF NO FEES WERE PAID THEN ONE HUNDRED US DOLLARS, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF Wellpulse Team ONLY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. IN NO EVENT WILL ANY SUPPLIER TO Wellpulse Team HAVE ANY LIABILITY TO YOU UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Wellpulse Team. Wellpulse Team WOULD NOT PROVIDE THE Wellpulse TO YOU ABSENT SUCH LIMITATION.
5.7. INJUNCTIVE RELIEF. You acknowledge and agree that your breach or threatened breach of this Agreement shall cause Wellpulse Team irreparable damage for which recovery of money damages would be inadequate and that Wellpulse Team therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
"Confidential Information" shall mean the Wellpulse and Services and all other information disclosed to you that Wellpulse Team characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this Agreement, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Wellpulse Team. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Wellpulse Team in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement, and will cooperate with Wellpulse Team in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Wellpulse Team prior to such disclosure to allow Wellpulse Team an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Wellpulse Team in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
7.1 If you have any suggestions for adjustments that you believe Wellpulse Team should make to the Wellpulse, or to request technical support related to the Wellpulse, you may contact Wellpulse Team via email address at aqualy2019@gmail.com. Such technical support obligations shall not go beyond the reasonable ability of Wellpulse Team'™s technical support personnel.
7.2 Wellpulse Team reserves the right to modify this Agreement at any time without notifying you. If you have any objection to the modified agreement, you may choose to uninstall Wellpulse and Wellpulse Team will not be responsible for any loss caused to you. Your continued use of the Wellpulse after any modification to this Agreement will be deemed as your agreement to abide by the terms and conditions of the newly modified agreement.
7.3 You acknowledge that the Wellpulse is subject to the operation and telecommunications infrastructures of the Internet and the operation of your Internet connection services, all of which are beyond Wellpulse Team'™s control.
7.4 You acknowledge and agree that the Wellpulse and Services contain valuable trade secrets, confidential information and proprietary information of Wellpulse Team. You further acknowledge that any actual or threatened breach or violation of this Agreement will constitute immediate, irreparable harm to Wellpulse Team for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
7.5 Arbitration. This Agreement and any claim or dispute of whatever nature arising out of or relating to this Agreement will be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region ("Hong Kong"), without giving effect to any choice of law principles that would require the application of another country or region's laws. Each Party agrees to submit to the personal and exclusive jurisdiction of the courts located in Hong Kong. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Wellpulse Team. For any dispute with Wellpulse Team, you agree to first contact Wellpulse Team according to the notice procedures above and attempt to resolve the dispute with Wellpulse Team informally. In the unlikely event that Wellpulse Team has not been able to resolve a dispute it has with you after sixty (60) days, the Parties each hereby agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, 'Claims'), by binding arbitration by Hong Kong International Arbitration Centre ("HKIAC"). The arbitration will be conducted in Hong Kong, unless the Parties mutually agree in writing otherwise. Each Party will be responsible for paying any HKIAC filing, administrative and arbitrator fees in accordance with HKIAC rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys'™ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Wellpulse Team from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Wellpulse Team'™s data security, intellectual property rights or other proprietary rights.
7.6 This version of the Wellpulse is owned by Wellpulse Team and all rights of final interpretation and modification of this Agreement are reserved by Wellpulse Team.
After purchasing Wellpulse Premium, you can use all paid features. Subscription fees are charged on a weekly, monthly or yearly basis depending on the program. According to the Apple Store policy, your subscription will be automatically renewed after the free trial ends. Payment will be deducted from your iTunes account upon confirmation of purchase. Subscriptions will automatically renew unless auto-renew is turned off at least 24 hours before the end of current period. Your account will be charged according to your plan for renewal within 24 hours prior to the end of the current period. You can manage or turn off auto-renew in your Apple ID account settings at any time after purchase. Subscription is for $7.99/week, $19.99/month and $99.99/year.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Wellpulse Team. (b) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or Wellpulse Team may at its option terminate this Agreement. (c) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (e) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Wellpulse Team may assign this Agreement to any entity at its sole discretion. (f) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.