Terms of Use
Last updated: June 20, 2026
These Terms of Use ("Terms") form a binding agreement between you ("End User" or "you") and Witty Wilma, Inc. ("Company"). These terms govern your use of the Wilma® platform, desktop application, mobile application, and/or website (including all related documentation, the "Platform").
BY CLICKING, ACCESSING AND USING THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM. IF YOU DO NOT AGREE TO OUR TERMS OF USE AND/OR PRIVACY POLICIES THEN COMPANY WILL NOT BE ABLE TO PROVIDE YOU OUR SERVICES OR ACCESS OUR PLATFORM AND YOU SHOULD CONTACT AND NOTIFY YOUR PROVIDER IMMEDIATELY.
1. License Grant
Subject to these Terms, Company grants you a limited, non-exclusive, and nontransferable license to:
- Access and use the Platform for your personal, non-commercial use strictly in accordance with the Platform's documentation; or
- Access, stream, download, and use content, material, information, or documentation made available in or otherwise accessible through the Platform, strictly in accordance with these Terms.
2. Account
You may be required to set up an account through the Platform in order to use the services and functions offered through the Platform. You are solely responsible for maintaining the confidentiality of your account login credentials, and are solely responsible for all acts and omissions taken from within your account, including without limitation all information transmitted from your account.
3. Restrictions
Except as may be expressly permitted by applicable law or expressly authorized by or through the Platform, you shall not:
- Copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time;
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without Company's prior written consent;
- Frame, mirror, or otherwise incorporate the Platform or any portion of the Platform as part of any other mobile application, website, or service;
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform;
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform.
4. Service Availability
Company may, at any time and without prior notice or liability:
- Modify, suspend, or discontinue, temporarily or permanently, the Platform or any features or portions thereof;
- Restrict or deny access to the Platform to any user, at its sole discretion, with or without cause;
- Impose limits on certain features and tools or restrict your access to parts or all of the Platform.
Company does not guarantee any uptime, availability, or uninterrupted access to the Platform. Company shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
5. Acceptable Use
In addition to the Restrictions set forth in Section 3, you agree that you shall not:
- Create multiple accounts to circumvent usage limits, restrictions, or enforcement actions;
- Use the Platform for competitive intelligence or to build a competing product or service;
- Share account credentials or allow unauthorized third parties to access your account;
- Use the Platform in a manner that is abusive, harassing, threatening, or disruptive to other users or Company personnel;
- Submit excessive automated requests or otherwise abuse any tool, API, or usage limits;
- Misrepresent your identity, credentials, or affiliation when using the Platform.
Company may, in its sole discretion, suspend or terminate your access to the Platform immediately and without notice for any violation of this Section 5 or for any conduct that Company determines, in its sole discretion, to be inappropriate or harmful.
6. Reservation of Rights
You do not acquire any ownership interest in the Platform under these Terms, or any other rights thereto other than to use the Platform in accordance with these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Platform, including all patents, copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Without limiting the foregoing, WILMA is a registered trademark of Witty Wilma, Inc., registered in the United States Patent and Trademark Office under Registration Nos. 8,403,700 (International Class 35), 8,403,701 (International Class 38), and 8,403,702 (International Class 42). Nothing in these Terms grants you any right or licence to use the WILMA mark, the Wilma logo, or any other Company name, logo, trade name, or commercial symbol, and any such use without Company's prior written permission is prohibited. Full details of the mark and the limited circumstances in which it may be referred to are set out on our Trademarks page.
7. Collection and Use of Your Information
You acknowledge that when you download, install, access and/or use the Platform, Company may use automatic means to collect information about your use of the Platform. You also may be required to provide certain information about yourself as a condition to downloading, installing, accessing, and/or using the Platform or certain of its features or functionality, and the Platform may provide you with opportunities to share information about yourself with others including personally identifiable information, highly sensitive information, and personal health information. All information we collect through or in connection with this Platform is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
8. Healthcare Provider
- Communications: You may receive communications, information, content, data, documentation, and/or other material from your healthcare provider through the Platform (together, "Healthcare Communications"). You understand and agree that the Company shall have no liability arising out of or related to any such Healthcare Communications.
- Medical Services: Company is not a medical provider and does not provide medical advice. Any and all content stated or posted on our Platform by Company or available through any service or product is not intended to be, and must not be taken to be, the practice of medicine, psychology, or the provision of medical, psychological/mental health, or nutritional care or any other professional healthcare. The information provided on this Platform by Company is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. All medical advice and services and Healthcare Communications transmitted using the Platform are provided solely by your Healthcare Provider. If you have or suspect you may have a medical or psychological problem, you should consult with your medical doctor or psychologist or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on this Platform, unless it being communicated directly to you from your licensed healthcare provider. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication, supplement, routine, or procedure. Information provided by Company to you is purely educational self-help resources. Company has used reasonable efforts in collecting, preparing, and providing quality information and material but makes no guarantee about the accuracy, completeness, or adequacy of the Platform or the Platform's content. The Platform is provided on an "as is" and "as available" basis. Company does not guarantee that any person's use of the Platform is the appropriate course of treatment for any individual's particular health care problem. To the extent our Platform lists licensed healthcare providers, Company is merely a directory and Company does not certify or credential licensed providers and shall not be liable for certifying or credentialing licensed providers. Company makes no representations or warranties about any provider, nor does Company have any responsibility over, or for supervising, any outside clinical practice such provider may operate. Company does not screen, perform background checks, confirm the qualifications, evaluate or endorse any provider. The inclusion of a list of providers on our Platform does not imply recommendations, referral or endorsement of such provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any provider contained therein; nor does Company offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same. Company may receive a fee from providers for use of Platform and technology and various other services, however, this does not imply endorsement of a particular provider. Please refer to our further warranties and disclaimer below in these Terms of Use.
9. Geographic Restrictions
The Platform is based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access the Platform outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you are responsible for compliance with local laws.
10. Payment
You may use the Platform to make payments (e.g., copayments) to your healthcare provider. The Platform uses Stripe payment processing services ("Stripe") to process payment and billing services. You must agree to the Stripe Connected Account Agreement and any other applicable Stripe agreement (incorporated herein by reference) in order to process transactions between you and your healthcare provider. No transactions between you and your healthcare provider or any other third party will be possible unless you agree to the Stripe Connected Account Agreement and/or any other applicable Stripe agreement. Company and/or your healthcare provider may share with Stripe any such related transaction or payment data for the sole purpose of facilitating such transactions.
11. Updates
Company may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
12. Third-Party Materials
The Platform may display, include, or make available other third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You understand that it is your responsibility to check the accuracy, credentialing, and licensing of any Third-Party Materials. Our role is strictly limited to providing access to information for your consideration.
13. Account Hold
If Company believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, or that the account is a fraudulent account, Company will continue to investigate the situation until an adequate resolution has been reached, as determined by Company, and which may require the involvement of certain third parties, including any applicable credit card company. Company will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as Company and/or third party investigate.
14. Term and Termination
- The term of these Terms commences when you first access or use the Platform, or when you first acknowledge your acceptance of these Terms and will continue in effect until terminated by you or Company as set forth in this Section 14.
- Company may terminate this agreement at any time without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
- Upon termination: (i) all rights granted to you under these Terms will also terminate, including but not limited to any license to access the Platform or Platform's materials; (ii) you must cease all use of the Platform; (iii) you must return all documents, data, and other materials or information that is owned by Company including any Platform documentation, copyright, trademark, or source code information related to or owned by Company; (iv) you must immediately cease using any logo or trade name or other commercial symbol that suggests a connection or association with the Platform or Company.
- Termination will not limit any of Company's rights or remedies at law or in equity.
15. Disclaimer of Warranties
THE PLATFORM IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $100.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
17. Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Platform or your breach of these Terms, including but not limited to the content you submit or make available through this Platform.
18. Export Regulation
The Platform may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform available outside the US.
19. Severability
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
20. Governing Law
These Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Alameda County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform.
23. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
24. Electronic Signatures and Records
a. Consent to Electronic Transactions. You agree that your use of the Platform may involve entering into agreements, consents, authorizations, acknowledgements, and other records electronically. You consent to transact business with Company and your Healthcare Provider electronically, and you agree that electronic signatures, contracts, records, and other documents have the same legal force and effect as handwritten signatures and paper documents.
b. Legally Binding Signatures. Any electronic signature you apply on or through the Platform — including by typing your name, drawing your signature, checking a box, clicking an "I agree," "Accept," "Sign," or similar control, or otherwise affirmatively indicating your assent — constitutes your signature, acceptance, and agreement, and is valid, binding, and enforceable to the fullest extent permitted under the federal Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and any other applicable laws.
c. Records and Audit Trail. To evidence your electronic signatures and acknowledgements, Company may create and retain records associated with each signature, including the date and time of signing, the document presented, the version or text agreed to, your name and role, the IP address and device/browser information of the device used, approximate geographic location, and a tamper-evidence verification value. You agree that these records are accurate, may be retained by Company and made available to your Healthcare Provider, and are admissible as evidence of the terms agreed to and may not be contested solely on the basis that they are electronic.
d. Hardware and Software Requirements; Right to Withdraw. To access and retain electronic records, you will need a device with internet access, a current web browser, and the ability to view and download PDF documents. You may request a paper copy of any electronically signed record from your Healthcare Provider, and you may withdraw your consent to transact electronically by contacting your Healthcare Provider; however, doing so may prevent you from using some or all features of the Platform. Withdrawing consent does not affect the legal validity of electronic records and signatures made before the withdrawal takes effect.
Questions about these Terms?
Contact us at: legal@wittywilma.com