SmartWell legal

Terms of Use

Version
1.0
Effective date
20 August 2026
Last updated
20 August 2026

Operated by IM Communications

These Terms of Use ("Terms") govern your access to and use of SmartWell, a service operated by IM Communications ("IM Communications", "we", "us" or "our").

By accepting these Terms, you agree to be bound by them. If you do not agree, you must not use authenticated SmartWell services.

Important wellness and medical notice

SmartWell is a general wellness tracking and informational service. SmartWell is not a healthcare provider, medical device, emergency service or substitute for qualified medical advice, diagnosis or treatment. Information, calculations, targets, nutrition estimates and AI-generated recommendations may be incomplete, inaccurate or inappropriate for your individual circumstances. Do not delay or disregard professional medical advice because of information presented by SmartWell. If you believe you are experiencing a medical emergency, contact an appropriate emergency service or healthcare professional rather than relying on SmartWell.

1. Eligibility and accounts

You must satisfy the eligibility requirements displayed by SmartWell. If SmartWell's production minimum age is 18, you must be at least 18 years old to create and use an account. You must provide accurate account information and take reasonable steps to keep your credentials and devices secure. You are responsible for activity carried out through your account except to the extent caused by our breach of these Terms or applicable law. You may authenticate using email and password or a supported third-party identity provider such as Google. Use of a third-party provider may also be subject to that provider's terms and policies. You must notify us promptly if you reasonably believe that your account has been compromised.

2. SmartWell services

SmartWell may allow you to create and maintain a wellness profile; set or receive suggested wellness targets; record meals and nutrition information; upload meal photographs; record water intake, sleep, steps and exercise; view progress and history; receive AI-assisted meal analysis or wellness recommendations; and use other wellness-management features. Features may differ according to your subscription, trial, account status or product version.

3. Your wellness information

You are responsible for the accuracy and appropriateness of information you provide. Targets and recommendations may depend on profile information such as age, height, weight, activity, goals or other wellness data. Incorrect, incomplete or outdated information may produce unsuitable calculations or recommendations. Independently consider whether guidance is appropriate and seek professional advice where appropriate.

4. Meals, photographs and other content

You retain rights you hold in content submitted to SmartWell. You grant us and our service providers the limited rights reasonably necessary to host, store, transmit, analyse, display and otherwise process that content to operate SmartWell for you. You must have the legal right to provide uploaded content. Do not upload unlawful material or content that infringes another person's rights.

5. AI-assisted features

AI-assisted nutrition estimates, meal analysis and personalised wellness recommendations are probabilistic and may contain errors, inaccurate nutritional estimates, omissions, inappropriate assumptions or recommendations unsuitable for your circumstances. Review output before relying on it. AI output is not medical, nutritional, therapeutic, diagnostic or other regulated professional advice and must not be the sole basis for decisions that could materially affect health or safety.

6. No diagnosis or treatment

SmartWell does not diagnose medical conditions, prescribe medication, recommend medical treatment or establish a clinician-patient relationship. Discuss any matter requiring professional judgment with an appropriately qualified professional.

7. Subscriptions and paid features

Certain features may require a paid subscription. Prices, billing periods, entitlements, trial conditions, taxes and other material purchase information will be displayed before purchase or through the billing interface. Third-party payment-provider terms may apply. The final Terms should identify any material recurring-billing, auto-renewal, trial-conversion, cancellation and refund rules actually implemented before launch.

8. Cancellation and refunds

Where cancellation controls are provided, you may cancel an eligible subscription through the available billing interface. The effect of cancellation will be shown there. Unless required by law or expressly stated at purchase, incurred fees are not automatically refundable merely because you stop using SmartWell or cancel early. This clause must be reviewed against payment-provider configuration, consumer-law obligations and published refund practice before launch.

9. Acceptable use

You must not use SmartWell to violate law or rights; access another user's account without authorisation; interfere with security or operations; introduce malware; probe vulnerabilities; circumvent authentication, subscription or access controls; commit fraud, harassment, impersonation or unlawful surveillance; upload content without rights; misuse AI unlawfully or harmfully; reverse engineer except where permitted; or create unreasonable security, infrastructure or abuse risks.

10. Third-party services

SmartWell relies on third parties for hosting, authentication, database storage, file storage, AI processing and, where applicable, payment processing. Their own terms and privacy policies may apply. We are not responsible for a third-party service accessed independently of SmartWell except where responsibility cannot lawfully be excluded.

11. Intellectual property

SmartWell's software, interface, branding and non-user content are owned by or licensed to IM Communications and protected by law. We grant a limited, personal, non-exclusive, non-transferable and revocable right to use SmartWell for its intended purpose while authorised. These Terms do not transfer ownership.

12. Service changes and availability

We may add, modify, suspend or discontinue features for product, operational, legal, security or business reasons. We do not guarantee continuous or error-free availability. Where a material change substantially affects a paid service, we will provide notice where reasonably appropriate or required by law.

13. Suspension and termination

We may suspend or terminate access to protect SmartWell, users or third parties; address unlawful, fraudulent, abusive or unsafe use; respond to a security incident or non-payment; or comply with legal obligations. Where appropriate and practicable, we may provide notice or an opportunity to remedy.

14. Privacy

Our processing of personal data is described in the SmartWell Privacy Policy. Agreement to these Terms is separate from acknowledgement that you have read the Privacy Policy. Where an optional activity legally requires consent, that consent should be requested separately.

Read the SmartWell Privacy Policy.

15. Disclaimers

To the maximum extent permitted by law, SmartWell is provided on an “as is” and “as available” basis. We do not warrant continuous or error-free operation; accurate tracked or calculated values; laboratory-equivalent nutrition estimates; targets appropriate for every user; accurate or complete AI output; or any particular wellness outcome. Nothing excludes rights that cannot lawfully be excluded.

16. Limitation of liability

To the maximum extent permitted by law, IM Communications will not be liable for indirect, incidental, special, consequential or punitive losses, or loss of profits, revenue, opportunity, goodwill or data arising from SmartWell. Limitations apply only where lawful. The scope and any monetary cap should receive professional legal review before launch.

17. Changes to these Terms

We may revise these Terms. The current version and effective date will be displayed. Material changes may require review and acceptance before continuing to use authenticated features. Non-material updates may be published without renewed acceptance. Terms and Privacy Policy versions may change independently.

18. Governing law and disputes

Subject to non-waivable rights, these Terms are governed by Singapore law and disputes are subject to Singapore courts. This clause should receive professional legal review, particularly if SmartWell is offered outside Singapore.

19. Contact

IM Communications
Email: dpo@imcomms.com