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Terms of Service

Last updated: November 2024

Terms of Use and End User License Agreement

I. INTRODUCTION

This Terms of Use and End User License Agreement (the “Agreement”), along with any referenced documents, form a legally binding contract between you, the individual user (“you”, “your”, “user”), and Vita Health LLC (“we,” “us,” “our”) concerning your access to and use of Vita, a health application (the “App”). Apps offered through the App Store are licensed, not sold, to you. By downloading, installing, or using Vita, you agree to have read, understood, and accepted these terms. If you do not accept this Agreement, do not download, install, or use the App. If already installed, please promptly delete it from your device.

II. CHANGES TO THIS AGREEMENT

We reserve the right to make modifications to this Agreement at any time. You agree to periodically review this Agreement, and by continuing to use the App after any revisions are posted, you accept those changes.

III. AGE REQUIREMENTS FOR APP USE

The App is intended for users aged 4 and older. While users under 18 are advised to have parental or guardian guidance, it is not required for use. Children under 13 are permitted to use the App as per its age rating, provided the use complies with all other terms.

IV. LICENSE AND SCOPE OF USE

Your license to use Vita is governed by this Agreement. Vita Health LLC grants you a non-exclusive, non-transferable license to use the App on Apple-branded devices you own or control, in accordance with Apple's Usage Rules. This Agreement applies to all materials and services provided or accessed within the App, including any upgrades or updates. You may not distribute, sublicense, transfer, or make Vita available on a network for simultaneous use by multiple devices. If you sell your Apple device, you must delete Vita from it before doing so. Any reverse-engineering, decompiling, or modification of Vita’s components is strictly prohibited, except as permitted by law.

V. CONSENT TO USE OF DATA

You agree that Vita Health LLC may collect and use technical data related to your device, system configurations, and app usage, solely to support software updates, customer service, and functionality improvements. This data will be used only in non-identifiable forms to enhance the App and related services.

VI. TERMINATION

This Agreement remains effective until terminated by you or Vita Health LLC. Your rights under this Agreement will end automatically if you fail to comply with its terms. Upon termination, all rights and licenses granted to you will cease, and you must stop using the App.

VII. EXTERNAL SERVICES AND THIRD-PARTY CONTENT

Vita may enable access to Vita Health LLC's services and/or third-party services or websites (“External Services”). You agree to use such services at your own risk, and Vita Health LLC is not liable for content or accuracy of any third-party content. You may not use External Services in any manner inconsistent with this Agreement or that infringes any rights. Certain External Services may not be available in all languages or regions. It is your responsibility to ensure compliance with any applicable local laws.

VIII. NO WARRANTY

YOUR USE OF VITA AND RELATED SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITA IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. [Placeholder Corp Name] DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN THE EVENT OF ANY DEFECT, YOU ASSUME ALL COSTS ASSOCIATED WITH REPAIRS OR CORRECTIONS.

IX. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, Vita Health LLC IS NOT LIABLE FOR ANY PERSONAL INJURY OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF VITA. THE TOTAL LIABILITY IN ANY CASE SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

X. EXPORT RESTRICTIONS

You agree not to export or re-export Vita in violation of U.S. export laws, including prohibitions on export to embargoed countries or restricted individuals. By using Vita, you confirm that you are not located in a restricted region or on any prohibited list and will comply with U.S. law.

XI. U.S. GOVERNMENT RESTRICTED RIGHTS

Vita and related documentation are “Commercial Items” under federal regulations, provided to U.S. Government end-users only with those rights available to all other end-users.

XII. GOVERNING LAW AND JURISDICTION

This Agreement and the relationship between you and Vita Health LLC shall be governed by the laws of the State of California, USA, with any disputes resolved exclusively in Los Angeles County, California. For users in specific regions (e.g., European Union), local laws may apply as indicated.

XIII. GENERAL TERMS

The App is for personal, non-commercial use and allows users to scan product barcodes to access information on ingredients, receive product recommendations, and use AI-based features for health analysis and information. All intellectual property in the App remains with Vita Health LLC or its partners.

XIV. USER CONTENT

You retain ownership of any User Content (photos, images, text) you upload. By using Vita, you grant Vita Health LLC a non-exclusive, transferable license to process and store this content within the App for functionality and improvement. Inappropriate or legally non-compliant User Content will be removed without notice.

XV. PRIVACY POLICY

Access to and use of the App are subject to our Privacy Policy. By using the App, you accept the terms of our Privacy Policy and our processing of your personal information. If you do not agree, you must stop using the App.

XVI. CHARGES

The App is provided on a free basis. Additional features or services may require in-app purchases or subscriptions, as listed on the App Store page. Subscriptions auto-renew and can be managed through Apple ID settings. If you cancel, you will not have access to any of the App’s features.

XVII. THIRD-PARTY WEBSITES AND RESOURCES

The App may link to third-party websites or mobile applications for certain services. We accept no responsibility for third-party content, which is provided solely for your convenience.

XVIII. DISCLAIMER OF WARRANTIES AND MEDICAL DISCLAIMER

The App does not provide professional medical advice and is for informational purposes only. Always seek advice from a qualified health professional for any health concerns. Use of the App does not replace professional consultation.

XIX. SEVERABILITY

If any part of this Agreement is found to be unenforceable, it shall be adjusted to the extent necessary while other terms remain in effect.

XX. CONTACT US

If you have questions or concerns about this Agreement or wish to exercise your rights, please contact our email at [email protected]

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