Terms of the service acceptance agreement

Between Wellness Diamonds Solutions LLC (Escuela Wellness), a company based in the State of California, United States of America, hereinafter referred to as the “Company,” and you, the individual who purchases and pays for the Company’s service or services, tests, content, systems, protocols, and/or programs, hereinafter referred to as “You” or the “Client,” this Service Acceptance Agreement is entered into and shall be governed by the following clauses and terms:
1. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to establish the terms and conditions applicable to the purchase of whatever You, as the Client, acquire from the Company.
By checking the acceptance box, You declare and confirm that You have read the terms of this Service Acceptance Agreement and accept each and every one of its clauses and terms. Furthermore, You contract these services as though You were physically located in the State of California, United States of America, and agree to be subject to its laws.
2. CONDITIONS OF PURCHASE
a) The Client declares that they are of legal age in their country of residence and under the applicable laws of the United States of America.
b) The Client acknowledges and agrees that once they have clicked the purchase buttons, entered their information, and paid for the purchase, there shall be no monetary refunds of any kind. Purchases are non-refundable under any circumstances.
c) The contracted service may include one or all of the following elements, depending on the Company’s applicable purchase link and the type of payment selected:
One or more epigenetic marker tests,
Processing of biological samples (hair strands) using a biotechnology scanner,
Transmission of bio-information to processing centers in Germany or other data-processing countries selected by the Company,
Issuance of one or more reference optimization reports based on the Client’s bio-information or that of another person who provides the biological samples, such as human hair. The individual providing the biological samples may not always be the same person as the Client who made the payment, since the Company allows certain services to be purchased for children or other persons under the Client’s legal custody,
Issuance of one or more model supplementation guides for informational and reference purposes,
One or more epigenetic coaching sessions intended to assist with reviewing optimization reports and/or focused on the Client’s health and wellness goals, including conversations related to Lifestyle Medicine, Wellness, behavior change, or other related topics.
d) The Client declares that they understand that test results are informational and for general guidance only and do not replace medical diagnoses, pharmaceutical treatments, or consultation with duly licensed healthcare professionals.
The Company recommends that the Client and, when applicable, the person who provided the biological samples and who is under the Client’s legal custody, seek medical, nutritional, and specialized advice from duly licensed professionals in their country before making any changes to nutrition, exercise, lifestyle, supplementation, medication, oxygenation, or any other area in order to ensure that such changes are healthy and safe for the Client and/or the person who provided the biological samples.
e) This Agreement does not create a doctor-patient relationship between You and the Company, nor between the Company and the Client or the person providing the biological samples.
The documents, data, recommendations, tests, programs, sessions, and any other services or content provided by the Company are solely informational and intended for general reference to support clients in their wellness and prevention-related goals.
Such information must be reviewed, verified, and analyzed by the Client’s treating physicians, healthcare professionals, and nutritionists and/or those of the person providing the biological samples. Those qualified healthcare professionals are responsible for determining whether any information, recommendation, or action is healthy and safe for the Client and/or the person providing the biological samples.
No service offered by the Company is intended for diagnosis, treatment, prescription, medical care, genetic counseling, or regulated nutritional care. All services are provided solely as a wellness complement for the Client and/or the person providing the biological samples.
You will never receive from the Company a medical prescription, prescription order, or mandatory nutritional plan that You are required to follow. We do not issue prescriptions.
f) The Client has a maximum period of fifteen (15) calendar days to send their biological samples or hair strands to the processing center designated by the Company through a message.
This period shall begin on the date the Client receives the instructions or steps for collecting the samples by email.
If the Client’s purchase includes one or more coaching sessions, the Client shall have a maximum period of fifteen (15) calendar days to request, schedule, and attend such sessions with the Company. Communication by email must be used to request, schedule, and attend such coaching sessions.
The fifteen-day period applicable to coaching sessions shall begin on the day the Client is notified that their report is ready.
If these deadlines expire without the Client having sent the hair samples and/or attended the coaching sessions, the Client agrees that the tests, programs, sessions, and any other services provided by the Company shall be considered delivered and may not be claimed or demanded by the Client at any future time.
In such cases, no refund shall be provided for any reason.
3. CONFIDENTIALITY AND AUTHORIZATION TO USE INFORMATION
a) Personal data and test results will be treated confidentially in accordance with applicable data protection regulations.
The Company will never sell your data to other companies or third parties without your authorization.
b) Through this Agreement, the Client expressly authorizes their bio-information, personal data, health-related information, tests, session recordings, reports, and results obtained as a consequence of the purchase, whether belonging to the Client and/or the person providing the biological samples, to be shared with various members of the Company’s team.
These individuals may include coaches, administrative personnel, technology personnel, support staff, and allied companies that assist the Company with the processing of biological samples and the issuance of optimization reports and/or model supplementation guides for wellness reference purposes.
c) The Company cannot guarantee the complete security and confidentiality of communications or the transmission of information or files through the Internet.
You acknowledge that even banks and some of the world’s largest companies, institutions, and organizations have experienced hacking, technological security breaches, unauthorized file access, compromised communications, and other security incidents.
Accordingly, if You do not wish to be exposed to such risks, You should not purchase services from the Company and should instead explore obtaining healthcare, coaching, and/or wellness-related services through in-person methods that do not rely upon technology or the Internet.
d) If You purchase any service from the Company, You assume the security and confidentiality risks to which your health information, personal data, or other information may be exposed.
You acknowledge and agree that if your data, personal information, and/or health-related information is stolen, disclosed, or leaked for any reason, such event shall not by itself entitle You to initiate claims or legal actions against the Company or to receive financial or other compensation, to the extent permitted by applicable law.
The Company will notify You of any known security breach or possible confidentiality breach that may directly affect You when the Company becomes aware of such breach.
e) Certain files and communications that we must send require the use of email, which may be vulnerable to security breaches.
If You do not agree to these risks, You should not provide your email address when making a purchase.
If You provide your email address, You acknowledge and assume the risks associated with the transmission of information, files, personal data, health-related data, and/or any other information belonging to You or to the person providing the biological samples.
4. LIMITATION OF LIABILITY
a) The Company shall not be responsible for misuse of any report or for personal or medical decisions made solely on the basis of such report.
b) The Client acknowledges that ultimate responsibility for their health includes their decision to consult healthcare professionals such as physicians or other qualified experts whenever necessary.
You should obtain appropriate medical examinations, diagnoses, and medical, nutritional, and healthcare recommendations before making changes or beginning any personal plan.
You may always seek the advice of a physician or other qualified healthcare provider regarding any questions You may have concerning a medical condition and/or wellness-related matters addressed in this Agreement or through the Company’s services.
c) Before making changes to diet, supplementation, or lifestyle, the Client must consult their physicians, nutritionists, and other healthcare professionals so that such professionals can advise, examine, and verify that those changes or actions are healthy and safe for the Client or the person providing the biological samples.
Never use any service, report, guide, information, content, or file provided by the Company to self-medicate, self-supplement, and/or independently make changes to lifestyle, medication, supplementation, or diet.
Use the Company’s services solely as an informational complement in pursuing wellness-related goals.
d) If You are experiencing an emergency, immediately contact the emergency services available in your country or local area.
5. ACCEPTANCE
The Client declares that they have read and understood the conditions established in this Agreement.
The Client declares that they are of legal age and possess the full mental and legal capacity necessary to enter into agreements and contracts.
The Client declares that by completing the purchase, entering their information, and making payment, they become formally bound by each and every clause and term of this Agreement.
If any clause, provision, part, or term of this Agreement is declared invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect for both parties.
6. SHIPPING OF BIOLOGICAL SAMPLES
The Client is responsible for collecting the hair samples in accordance with the steps provided by the Company.
The Client is also responsible for sending their biological samples, consisting of five (5) hairs, to the authorized scanning center assigned to them by email, whether that center is located inside or outside the Client’s country of residence.
The shipping method selected by the Client must reasonably ensure that the samples arrive within one to three (1–3) calendar days after being removed from the human body.
All shipping costs associated with sending the hair samples from the location where they are collected to the location where they will be processed are the responsibility of the Client.
After the Client completes the purchase, the Company will send an email containing the shipping address and the instructions or steps for collecting the samples.
Removing human hair from the scalp, eyebrows, or nose, as may be required for the epigenetic marker tests offered and marketed by the Company, is generally simple and safe and ordinarily involves minimal risk.
Nevertheless, the Company recommends that You, as the Client, ask your physician or another trusted healthcare professional to assist with removing the hairs in a healthy, hygienic, and safe manner, using the procedural guide that the Company will send to your email as a reference.
Please be aware that collecting hair or biological samples by yourself and without assistance could potentially result in mobility difficulties, joint or bone injuries, falls, or other problems or risks.
For this reason, the Company does not recommend collecting the hair samples alone or without the assistance of an appropriate healthcare professional or other suitable person.
Consider requesting assistance from a healthcare professional so that the hair or body hair can be collected in a healthy, hygienic, and safe manner.
The Company shall not be responsible for accidents, injuries, economic losses, hospitalization, infections, or any other risks, problems, or consequences resulting from the collection of biological hair samples by You or by a person under your care or legal custody, to the extent permitted by applicable law.
7. AUTHORIZATION INVOLVING A THIRD PARTY
If You are a parent purchasing the service for a minor, or if another person is under your care or legal custody, that individual shall be considered a third party involved in the purchase.
You must notify the Company of this situation in writing by email or chat.
By completing the purchase, entering your information, and making payment, You represent that You are the legal representative of the third party or other individual whose biological samples will be submitted and that You possess the necessary legal authority for the minor or other person to receive the service.
You, as the Client, authorize the third party’s bio-information, personal data, health information, tests, results, and any other details or information to be shared with various members of the Company’s team and with allied companies that assist the Company with processing and preparing reports.
If a third party is involved and their biological sample is submitted, and the Client has purchased a coaching session as part of the service, it is recommended that only the Client attend the coaching session.
If the Client wishes the third party to participate, both the Client and third party should be present, and the Company must be notified in advance.
8. RISKS OF USING EMAIL
You will have the opportunity to communicate by email with members of the Company.
Please understand that transmitting information by email involves risks of which You should be aware.
If You do not agree to assume these risks, please DO NOT communicate by email.
Such risks include, but are not limited to:
• The privacy and security of email communications cannot be guaranteed.
• Internet service providers and their personnel may have legal authority under certain circumstances to inspect information that appears suspicious and may store information within their systems when considered necessary or when required by applicable law.
• Email is easier to falsify or impersonate than handwritten and personally signed communications. Furthermore, it may be impossible to conclusively verify the identity of the individual sending an email or ensure that only the intended recipient will read the email after it has been sent.
• Emails may contain viruses or malicious software and could cause damage to your computer or device.
• Emails may be forwarded, intercepted, stored, or distributed without the knowledge or permission of the recipient or sender. It is also possible to enter an incorrect recipient address and unintentionally send information to an unknown person.
• Emails may not be permanently deleted. Even when the sender or recipient deletes the email from their files or backups, copies may remain on computer systems, servers, backups, or other digital infrastructure.
• Using email to discuss confidential information increases the risk that such information may be exposed to third parties.
• Emails may be used as evidence in legal proceedings.
• Members of the Company use Gmail and other electronic communication services. Electronic communications may not provide complete encryption or security under every circumstance.
Clients who choose to communicate by email acknowledge and understand the risks of sharing confidential information through email.
If You do not wish to assume these risks, we recommend arranging communication by telephone, Zoom, or in person when such options are available.
Neither the Company nor its members shall be responsible for unauthorized access to information transmitted by email when such access is outside the Company’s reasonable control, to the extent permitted by applicable law.
9. CONDITIONS FOR COMMUNICATING BY EMAIL
Neither the Company nor any of its members guarantees the security or confidentiality of information You share with us by email.
You agree that the Company shall not be held responsible if information is leaked, disclosed, intercepted, or distributed when such event is not the result of an intentional act by the Company’s specialists, professionals, administrative personnel, members, or collaborators, to the extent permitted by applicable law.
The Client agrees that information transmitted by email shall be subject to the following conditions:
• Emails mentioning diagnoses, treatments, questionnaire responses, questions, laboratory results, or other relevant information may be printed, saved, or otherwise included in the Client’s file. Authorized Company personnel may have access to such information.
• When necessary, emails may be forwarded to other members of the Company for the purpose of discussing or reviewing the information contained therein.
• Although we make reasonable efforts to read and respond to emails as promptly as possible, we do not guarantee a specific response time. Do not use email in the event of an emergency or when an immediate response is required. Contact your physician and your local emergency services whenever necessary.
• Emails and communications with a coach do not replace medical or nutritional consultations or any other appointment with a qualified healthcare professional.
• The Client is responsible for notifying the Company in writing regarding any information they do not want shared by email. If You do not want certain information communicated through email, provide the Company with a written list. You may modify this list at any time by providing written notice.
• The Company shall not be responsible for electronic information lost as a result of technical failures, hacking, unforeseen events, force majeure, or circumstances outside the Company’s reasonable control, to the extent permitted by applicable law.
10. SERVICES PROVIDED BY THE COMPANY
The Company’s services, including but not limited to coaching, mentoring, consulting, epigenetic marker testing, training, guidance, support, and any other services provided by the Company, are founded upon concepts of Wellness, well-being, health culture, health literacy, and the belief that every individual has the right to pursue optimal health, fulfillment, and well-being across different areas or dimensions of life.
These services are not intended to provide medical services, diagnoses, or professional healthcare treatment.
The tools and strategies we use are non-invasive and are intended to support processes of personal transformation, restoration, or optimization of well-being.
Certain tools and strategies used in the Company’s services may not be approved by the FDA or other regulatory or professional bodies because they may not fall within the categories or criteria regulated by such authorities.
You acknowledge and agree that the services provided by the Company are collaborative and/or supportive in nature.
They are not medical services and they are not regulated nutritional services.
The Client is responsible for designing, deciding upon, establishing, and adjusting their own plans with the assistance of their physicians, nutritionists, and trusted healthcare professionals.
The Client declares that they understand the importance of consulting with their specialists, physicians, nutritionists, and trusted healthcare professionals regarding any changes they intend to implement in their own life or in the life of a person under their care or a third party providing biological samples.
Such consultations should occur before and after completing epigenetic marker tests, before and after coaching sessions, and before and after receiving any other service from the Company.
The Client understands that they should obtain appropriate medical examinations and laboratory testing before making changes to lifestyle, diet, physical activity, hydration, oxygenation, supplementation, medication, or any other area.
The Client should seek support and follow-up from their trusted healthcare team throughout any personal program they choose to implement, including before, during, and after the service relationship with the Company has ended.
When the Client has purchased coaching sessions from the Company, the Client authorizes the Company to provide the assigned coach with personal data, reports, health-related information, and any other information belonging to the Client or the third party providing the biological samples that may reasonably assist the coach in providing support.
When You purchase and pay for a coaching service from the Company and subsequently establish a wellness goal for yourself or for a person under your care that You intend to pursue with the support of a Company coach, both the coach and the Company will assume that You have reviewed and confirmed with your physicians, healthcare professionals, and nutritionists that those goals are healthy and safe.
You, as the Client, declare and acknowledge through this Agreement that the goals You establish, the changes You make to lifestyle, nutrition, supplementation, oxygenation, exercise, or any other area, and the activities or actions You intend to perform have been determined to be healthy and safe for You with the assistance of your healthcare professionals.
If You communicate such goals to the coach, the coach may support You in working toward those goals, but You remain solely responsible for making all decisions, establishing goals, creating plans and programs, and taking the actions necessary to implement them.
You may decide, based on your own judgment and discretion and what You believe is best for your physical, mental, and emotional well-being, to apply none, some, or all of the content or information received from the Company.
No member of the Company will issue medical prescriptions, prescribe mandatory protocols, order You to consume specific foods, or require You to make particular changes to your diet or lifestyle.
You acknowledge that You will make your own decisions together with your physicians and healthcare professionals and that You will follow a plan that You personally design, implement, modify, and evaluate.
The Company and its members provide support only during the stages and processes involved in implementing the Client’s own plan.
Through this Agreement, the Client declares that every goal, plan, program, change, and action has been evaluated as healthy and safe by the Client’s trusted physicians, nutritionists, and healthcare professionals before, during, and, when appropriate, after contracting the Company’s services.
11. ADDITIONAL DECLARATIONS BY THE CLIENT
I understand, acknowledge, and declare that although the information, content, strategies, and tools shared with me by the Company may appear harmless, applying them, whether with or without medical, nutritional, or other professional healthcare supervision, could cause changes, reactions, side effects, adverse effects, or periods that some individuals may describe as “healing crises.”
Therefore, I understand that I must consult my physicians and healthcare professionals before, during, and after applying any such information to my life or incorporating it into my personal Wellness plan.
I declare that I understand that implementing wellness programs or plans involving changes to routines, diet, supplementation, medication, hydration, physical activity, lifestyle, or other activities may involve risks and side effects.
These may include, but are not limited to:
allergic reactions, reactions to dietary supplements, reactions associated with dietary or lifestyle changes, worsening of pre-existing symptoms, medication interactions, interactions between treatments, mental or emotional changes or reactions, hormonal imbalances, brain fog, tachycardia, seizures, fainting, diarrhea, constipation, depression, irritability, confusion, illness, death, and other potential effects.
To reduce these risks, it is my responsibility, and I agree, to inform my trusted physicians and healthcare professionals about any plan, strategy, tool, training, activity, service, new lifestyle, or other change that I intend to implement that could affect my treatments, professional recommendations, medications, or health in any possible way.
I will inform my physicians and healthcare professionals before implementing anything new and whenever I believe something may be changing in my physical, mental, emotional, or overall health.
I declare that it is my responsibility, and I agree, to notify the Company in writing if I am pregnant or believe I may be pregnant.
The Company does not recommend purchasing or using its services during pregnancy.
It is my responsibility to disclose in writing any known illness, physical or mental condition, substance allergy, previous surgery, chronic condition, symptom, medication, or other relevant information before beginning to receive tests, reports, guides, plans, programs, consulting, coaching, or wellness-related services from the Company.
I agree to inform members of the Company if I have any blood disorder, cancer, tuberculosis, contagious disease, terminal illness, mental disorder or condition, emotional disorder or significant emotional changes, depression, suicidal thoughts, or any other relevant condition.
I do not expect the Company to explain in advance every possible risk or complication that could arise from its services, as such risks and complications may vary from person to person.
I acknowledge and agree that the Company may conduct its services using reasonable judgment and with the objective of supporting improvements in my well-being across one or more areas or dimensions of general wellness, based on the experience of its members, education, publicly available information, government recommendations, general knowledge, literature, and scientific studies.
I understand that results are not guaranteed and that applying information received from the Company to my life could potentially produce results that are ineffective or harmful.
There are no guaranteed health outcomes or promises.
Therefore, I understand and acknowledge that if I do not make the effort necessary to achieve positive changes in my life and well-being, the Company’s services may produce zero results for me.
The Company relies upon the information I provide to it, its members, and its representatives and may treat that information as accurate when providing services.
If I provide false, misleading, or incomplete information regarding my health or other relevant circumstances, I understand that I am responsible for the consequences resulting from providing such inaccurate information.
I have read and understood this document and agree to be bound by each and every one of its clauses and terms.
I further declare that these provisions shall remain valid throughout the entire period in which services are provided and/or received from the Company and, where applicable, shall continue to have effect thereafter.
12. PAYMENT
The Company does not accept returns and does not issue monetary refunds.
Payment for services must be made in advance before tests are performed or coaching sessions are provided.
All services may be subject to applicable taxes.
All payments must be made electronically through the payment platforms established by the Company.
13. CANCELLATION POLICY
The Company’s cancellation policy allows us to provide better service to all clients and to use our resources efficiently.
Epigenetic marker testing services cannot be canceled.
Once the purchase has been completed, the Client must perform the actions required from them in order to complete the process.
If the Client needs to reschedule or cancel an appointment, the Client must contact the Company at least twenty-four (24) hours before the scheduled appointment.
Appointments may be rescheduled one time when notice is provided at least twenty-four (24) hours in advance.
Any appointment canceled with less than twenty-four (24) hours’ notice, or canceled or rescheduled for a second time, shall be considered a service rendered.
In such circumstances, one hundred percent (100%) of the amount paid for the appointment will be retained, and the appointment may not be rescheduled.
An appointment that has been provided or deemed to have been provided may not subsequently be rescheduled.
14. DISPUTES, CLAIMS, OR LEGAL ACTIONS
In the event that any dispute arises between the parties, the Client and the Company declare that they prefer, agree, and undertake through this Agreement to first seek mediation services through the Better Business Bureau (BBB) in San Diego, California, United States (https://www.bbb.org/us/ca), or another reputable mediation or arbitration organization located in San Diego.
The mediation period shall not be less than six (6) months, during which the parties shall attempt to reach a mutually satisfactory resolution.
If no satisfactory resolution is reached, both parties shall thereafter be free to pursue the remedies available under the laws and Constitution of the State of California and the United States.
The parties select the City of San Diego, State of California, United States of America, as the exclusive jurisdiction and venue for disputes arising from this Agreement.
During the mediation or arbitration period, neither party shall require the other party to bear the costs of attorneys, expert witnesses, or other professionals.
Each party shall be responsible for its own fees, expenses, and costs during mediation or arbitration.
For legal and contractual purposes, this document shall be considered to have been drafted, received, read, and accepted by both parties—the Client and the Company—in the City of San Diego, State of California, United States of America.
The parties intend for this Agreement to be governed by the applicable laws of the United States and the State of California.
Any dispute, controversy, claim, or legal proceeding relating to this Agreement shall be brought, answered, resolved, and enforced in the City of San Diego, State of California, to the extent permitted by applicable law.
Having read the terms of this Agreement, both parties agree that the effective date of this Agreement and all of its terms and clauses shall be the same date on which the Client completes the purchase.
On behalf of the Company:
Mary Festino / Mary Festino