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Last updated: April 9, 2026 · Effective: April 9, 2026

Terms of Service

🚨 Emergency Notice

WellCub is NOT an emergency service. For medical emergencies, call 911 immediately. Do not use WellCub to report emergencies or time-sensitive symptoms.

1. Nature of Service

WellCub is a secure communication and administrative platform for healthcare practices — not a medical provider. We facilitate secure communication between parents/guardians and their children's healthcare providers, support appointment scheduling, and provide access to health records stored by your practice. WellCub does not provide medical advice, diagnoses, or treatment.

The healthcare professionals accessible through WellCub are independent licensed practitioners employed or contracted by your child's practice. WellCub is not responsible for any medical judgments, diagnoses, prescriptions, or treatment decisions made by those practitioners.

WellCub serves as a Business Associate(as defined under HIPAA, 45 CFR § 160.103) to covered entity healthcare practices. Practices must execute a Business Associate Agreement (BAA) with WellCub before using the service. Parents/guardians use WellCub as end users of their practice's chosen portal.

2. Not for Emergencies

DO NOT use WellCub for medical emergencies.

  • If your child is experiencing a life-threatening situation: call 911
  • For after-hours urgent concerns: call your practice's after-hours line directly
  • For Poison Control: 1-800-222-1222
  • For mental health crisis: 988 Suicide & Crisis Lifeline (call or text 988)

WellCub cannot guarantee response times for any messages, including those marked “Urgent.” Urgent flags prioritize review but are not a substitute for direct emergency contact.

3. Message Response Times

Response times for messages sent through WellCub are set by each individual practice and are not guaranteed by WellCub. Typical response times during business hours are 4–8 hours for routine messages. Messages marked “Urgent” are flagged for priority review but response is not guaranteed.

Messages sent outside normal business hours, on weekends, or on holidays may not be seen until the next business day. WellCub assumes no liability for delayed message responses.

4. User Responsibilities

  • You must be at least 18 years old and a legal parent or guardian to create an account on behalf of a minor.
  • You are responsible for the accuracy of all information you provide, including your child's health history, allergies, medications, and contact information.
  • You must maintain the confidentiality of your account credentials. Do not share your login with anyone, including other family members — each person must have their own account.
  • You must notify WellCub immediately at hello@wellcub.com if you believe your account has been compromised.
  • You must log out of shared or public devices after each session.
  • You must keep your contact information (email, phone) current to receive appointment reminders and security alerts.

5. Acceptable Use

You agree not to:

  • Share your account with others (HIPAA requires individual user accountability — 45 CFR § 164.312(a)(2)(i))
  • Use WellCub for any unlawful purpose
  • Attempt to access health records or accounts belonging to other patients or families
  • Submit false, misleading, or fraudulent health information
  • Use WellCub to harass, threaten, or intimidate healthcare providers or staff
  • Attempt to reverse-engineer, scrape, exploit, or interfere with the platform
  • Use automated tools to access or scrape the platform
  • Upload malicious files or attempt to inject code

Violations may result in immediate account suspension and referral to law enforcement. Healthcare fraud is a federal crime under 18 U.S.C. § 1347.

6. Account Security (HIPAA)

To protect your child's protected health information (PHI), your session will automatically expire after 15 minutes of inactivity. This is required by the HIPAA Security Rule (45 CFR § 164.312(a)(2)(iii)) as an addressable implementation specification.

You are solely responsible for logging out of shared devices. WellCub is not liable for unauthorized access resulting from your failure to log out or secure your credentials.

7. Admin & Reception Portal Terms

Access to the Admin Portal (/admin) is restricted to authorized practice staff (administrators, reception, and billing personnel) designated by the practice. Practice staff accessing the Admin Portal:

  • Must use their own individual credentials — no shared accounts
  • May only access patient data within the scope of their job responsibilities
  • Are subject to the practice's own HIPAA workforce training requirements
  • Must report any suspected security incident to their practice's HIPAA Privacy Officer
  • Understand that all access is audit-logged and subject to review

Practices are responsible for promptly deactivating access for staff who leave the organization. Failure to do so is a HIPAA administrative safeguard violation (45 CFR § 164.308(a)(3)).

8. Business Associate Agreement (BAA)

Healthcare practices using WellCub must execute a WellCub Business Associate Agreement (BAA) before onboarding patients. The BAA governs WellCub's obligations as a Business Associate under HIPAA (45 CFR § 164.504(e)). To request a BAA or verify BAA status, contact hello@wellcub.com.

WellCub will not knowingly permit a covered entity to transmit PHI through the platform without a signed BAA in place. Operating without a BAA constitutes a HIPAA violation for which the practice is responsible.

9. Appointment Cancellation Policy

Self-service appointment cancellation is available through WellCub up to the number of hours before the appointment set by your practice (displayed during booking — typically 24 hours). Cancellations within this window must be made by contacting your practice directly by phone.

Late cancellations and no-shows may be subject to fees at the practice's discretion. WellCub is not responsible for any fees imposed by your child's practice.

Waitlisted patients will be notified by email when a slot opens. Slots must be booked within 24 hours of notification or may be offered to the next patient on the waitlist.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, WELLCUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES.

WELLCUB IS NOT LIABLE FOR: (A) DELAYED OR UNDELIVERED MESSAGES; (B) MEDICAL DECISIONS MADE BY PROVIDERS USING INFORMATION SUBMITTED THROUGH THE PLATFORM; (C) TECHNICAL OUTAGES AFFECTING ACCESS TO THE PORTAL; (D) UNAUTHORIZED ACCESS RESULTING FROM USER CREDENTIAL COMPROMISE.

WellCub's total aggregate liability for any and all claims arising from these Terms shall not exceed the greater of (i) the amount paid by the practice to WellCub in the 12 months preceding the claim, or (ii) $100 USD for individual users not in a practice relationship.

11. Indemnification

You agree to indemnify and hold harmless WellCub, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) your violation of these Terms; (b) your submission of false or misleading health information; (c) your unauthorized use of another person's account; or (d) your violation of any applicable law including HIPAA.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Federal law governs HIPAA-related matters. Florida Statutes Chapter 395 governs healthcare records. Florida Statutes § 501.171 governs data breach notification.

13. Dispute Resolution

Informal Resolution: Before initiating formal proceedings, both parties agree to attempt good-faith resolution by contacting hello@wellcub.com and allowing 30 days for resolution.

Binding Arbitration: If not resolved informally, disputes will be submitted to binding arbitration administered by JAMS in Miami-Dade County, Florida under JAMS Streamlined Arbitration Rules. The arbitrator may award the same damages as a court.

Class Action Waiver: You agree to bring claims only in your individual capacity, not as a plaintiff or class member in any class or representative action, to the extent permitted by applicable law.

Exception: Either party may seek injunctive or other equitable relief in court for intellectual property violations, HIPAA breaches, or threats of imminent harm.

14. Account Termination & Data Deletion

By you: Email hello@wellcub.comwith subject “Delete My Account.” We will delete your account data within 30 days, except where retention is required by law (see Privacy Policy § 8).

By WellCub: We may suspend or terminate accounts for Terms violations with 24 hours notice. Accounts involved in HIPAA violations, fraud, or security incidents may be terminated immediately without notice.

Practice offboarding: When a practice terminates its WellCub subscription, patients will receive 30 days notice and may request a copy of their data before deletion.

Medical record retention: Even after account deletion, medical records may be retained in de-identified or anonymized form as required by Florida law (7 years; until age 25 for minors). See Privacy Policy § 8 for details.

15. Changes to Terms

We will notify you of material changes at least 30 days in advance via email and in-app notice. Continued use of WellCub after the effective date constitutes acceptance of the revised Terms. If you disagree with changes, you may close your account before the effective date. Non-material changes (e.g., formatting, typo corrections) may be made without advance notice.

16. Contact