Terms of service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING VITALSTATE. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

These Terms and Conditions ("Terms") govern your access to and use of VitalState's platform, mobile application, website, and all related services (collectively, the "Services"), provided by VitalState ("VitalState," "we," "our," or "us"). These Terms constitute a legally binding agreement between you and VitalState.

1. Eligibility

You must be at least 18 years of age to create an account and use the Services. By agreeing to these Terms, you represent and warrant that:

  • You are at least 18 years old (or the age of majority in your jurisdiction, if higher)

  • You have the legal capacity to enter into a binding agreement

  • You are not prohibited from using the Services under applicable law

  • All registration information you submit is accurate and truthful

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and references to "you" shall include that organization.

2. Account Registration and Security

2.1 Account Creation

To access most features of VitalState, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

2.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

  • Choose a strong, unique password and keep it confidential

  • Not share your login credentials with any third party

  • Notify us immediately at info@vitalstate.com if you suspect unauthorized access to your account

VitalState will not be liable for any loss or damage arising from your failure to protect your account credentials.

2.3 One Account Per User

Each user may maintain only one active account. Creating duplicate or fraudulent accounts is prohibited and may result in termination of all associated accounts.

3. Permitted Use and Restrictions

3.1 Permitted Use

You may use the Services solely for your personal, non-commercial health and wellness purposes, in accordance with these Terms and all applicable laws and regulations.

3.2 Prohibited Conduct

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable law or regulation

  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity

  • Attempt to gain unauthorized access to any part of the Services, other user accounts, or VitalState's systems or networks

  • Introduce viruses, malware, or any other harmful or disruptive code into the Services

  • Scrape, crawl, or systematically extract data from the Services without our prior written consent

  • Use automated means (bots, scripts, crawlers) to access or interact with the Services

  • Reverse engineer, decompile, or disassemble any part of the Services

  • Sell, resell, sublicense, or otherwise commercialize the Services or any data obtained through them

  • Upload, post, or transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable

  • Interfere with or disrupt the integrity or performance of the Services or related systems

4. Health and Medical Disclaimer

VITALSTATE IS A HEALTH AND WELLNESS PLATFORM. IT IS NOT A MEDICAL SERVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The content, tools, recommendations, and insights provided through VitalState are for general informational and wellness purposes only. They are not intended to substitute for professional medical advice, clinical judgment, or care from a licensed healthcare provider.

You should always consult a qualified physician or other licensed healthcare professional before:

  • Beginning any new diet, exercise, or wellness program

  • Making changes to any current health regimen or medications

  • Acting on any health-related information or data provided through the Services

Never disregard professional medical advice or delay seeking it because of something you have read or received through VitalState. In the event of a medical emergency, contact emergency services immediately.

VitalState expressly disclaims all liability for any health outcomes, injuries, or adverse effects resulting from your use of or reliance on the Services.

5. Subscription Plans and Payments

5.1 Free and Paid Tiers

VitalState may offer both free and paid subscription plans. Certain features are available only to paid subscribers. We reserve the right to modify the features available at each tier at any time with reasonable notice.

5.2 Billing and Renewal

If you purchase a paid subscription, you authorize VitalState (or our payment processor) to charge your designated payment method one time. Your access continues uninterrupted through the end of your paid term under normal business circumstances. 

5.3 Cancellation

You may cancel at any time through your account settings or by contacting info@vitalstate.com. 

5.4 Price Changes

We reserve the right to modify pricing. 

5.5 Taxes

You are responsible for all applicable taxes, levies, or duties associated with your subscription. Where required, VitalState will collect taxes at the applicable rate.

6. User Content

6.1 Your Content

You retain ownership of all content, data, and information you submit, upload, or generate through the Services ("User Content"). By providing User Content, you grant VitalState a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, process, reproduce, and display your User Content solely as necessary to provide and improve the Services.

6.2 Content Standards

You are solely responsible for your User Content. You represent and warrant that your User Content does not:

  • Violate any applicable law or third-party rights (including intellectual property rights or privacy rights)

  • Contain false, misleading, or deceptive information

  • Contain content that is harmful, harassing, defamatory, obscene, or otherwise objectionable

6.3 Content Removal

VitalState reserves the right to remove or disable any User Content that we determine, in our sole discretion, violates these Terms or is otherwise harmful to users, third parties, or VitalState.

7. Intellectual Property

7.1 VitalState IP

All content, software, technology, trademarks, logos, and other materials comprising the Services — excluding User Content — are owned by or licensed to VitalState and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only.

7.2 Feedback

If you provide feedback, suggestions, or ideas regarding the Services, you grant VitalState an unrestricted, royalty-free, perpetual license to use and incorporate such feedback for any purpose, without any obligation to compensate you.

8. Third-Party Services and Integrations

The Services may integrate with or link to third-party applications, devices, platforms, or websites ("Third-Party Services"). VitalState does not control and is not responsible for the content, privacy practices, or terms of any Third-Party Services. Your use of Third-Party Services is governed by their respective terms and privacy policies.

We make no warranty that Third-Party Services will be available, accurate, or compatible with the Services. We disclaim all liability arising from your use of or reliance on any Third-Party Services.

9. Privacy

Your use of the Services is also governed by our Privacy Policy, available at www.myvitalstate.com/privacy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

10. Disclaimers of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS.

VITALSTATE DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DATA OR CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY DEFECTS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITALSTATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, HEALTH OUTCOMES, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL VITALSTATE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO VITALSTATE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless VitalState and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Services in violation of these Terms

  • Your User Content

  • Your violation of any applicable law or regulation

  • Your violation of any third-party rights

13. Term and Termination

13.1 Term

These Terms are effective from the date you first access or use the Services and remain in effect until terminated.

13.2 Termination by You

You may terminate your account and these Terms at any time by deleting your account through your account settings or by contacting info@myvitalstate.com.

13.3 Termination by VitalState

VitalState may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include, without limitation, violation of these Terms, conduct we determine to be harmful to other users or VitalState, or requirements of law.

13.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 4, 7, 10, 11, 12, 14, and 15) will survive.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing any formal legal claim, you agree to contact VitalState at infol@myvitalstate.com and provide a written description of the dispute. Both parties agree to make a good-faith effort to resolve the matter informally within 30 days.

14.3 Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, in Clark County, Nevada, or by video conference if mutually agreed. The arbitrator's decision shall be final and binding.

14.4 Class Action Waiver

YOU AGREE TO RESOLVE ANY DISPUTES WITH VITALSTATE ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.5 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and VitalState with respect to the Services and supersede all prior agreements and understandings.

15.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, where appropriate, by notifying you via email or in-app notification. Your continued use of the Services after any changes take effect constitutes your acceptance of the revised Terms.

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.4 Waiver

VitalState's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of VitalState.

15.5 Assignment

You may not assign or transfer these Terms or your rights under them without VitalState's prior written consent. VitalState may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets.

15.6 Force Majeure

VitalState shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, civil unrest, government actions, pandemics, or internet or infrastructure failures.

15.7 Contact Information

For questions about these Terms, please contact us at:

VitalState

Attn: Legal Department

Email: info@myvitalstate.com

Website: www.myvitalstate.com/terms


By using VitalState, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

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