Terms of Conditions

1. Acceptance of Terms

These Terms of Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Vitala ("Company," "we," "us," or "our") governing your use of the Vitala mobile health application (the "App"). By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

Vitala is a mobile health application designed to help users track, manage, and monitor their health information, including but not limited to:

• Health metrics and vital signs tracking
• Medication management and reminders
• Health data logging and analysis
• Fitness and activity monitoring
• Integration with health devices and services
• Health insights and recommendations

We reserve the right to modify, suspend, or discontinue any aspect of the App at any time, with or without notice.

3. Medical Disclaimer

You acknowledge and agree that:

• The App does not provide medical advice, diagnosis, or treatment
• You should always seek the advice of qualified healthcare providers with any questions regarding a medical condition
• Never disregard professional medical advice or delay seeking it because of information provided by the App
• In case of a medical emergency, contact your local emergency services immediately
• The App is not a medical device and should not be used as such
• We are not responsible for any health decisions you make based on information from the App

4. User Account and Registration

4.1 Account Creation

To use certain features of the App, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4.2 Account Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. If you are under 18, you may only use the App with the supervision and consent of a parent or legal guardian.

5. User Responsibilities and Conduct

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App in any way that violates applicable laws or regulations
• Impersonate any person or entity or misrepresent your identity
• Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, or offensive
• Interfere with or disrupt the App's operation or servers
• Attempt to gain unauthorized access to the App or related systems
• Use automated systems (bots, scrapers) to access the App without permission
• Reverse engineer, decompile, or disassemble any part of the App
• Remove or alter any copyright, trademark, or proprietary notices
• Share your account credentials with others

6. Health Information and Data

6.1 Accuracy of Information

You are solely responsible for the accuracy, completeness, and timeliness of all health information you enter into the App. We are not responsible for any errors or omissions in the information you provide.

6.2 Data Ownership

You retain ownership of all health and personal data you provide to the App. However, by using the App, you grant us a license to use, store, process, and analyze your data as necessary to provide and improve our services, subject to our Privacy Policy.

6.3 Data Backup and Recovery

While we implement reasonable data backup procedures, you are responsible for maintaining your own backups of important health information. We are not liable for any loss of data.

7. Intellectual Property Rights

The App, including its design, features, functionality, content, and all related intellectual property, is owned by Vitala or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Reproduce, modify, or create derivative works of the App
• Distribute, sublicense, or sell the App or any portion thereof
• Use the App for commercial purposes without our written consent

8. Third-Party Services and Integrations

The App may integrate with third-party services, devices, or applications (collectively, "Third-Party Services"). Your use of Third-Party Services is subject to their respective terms and conditions and privacy policies. We are not responsible for:

• The availability, accuracy, or functionality of Third-Party Services
• Any data shared with or collected by Third-Party Services
• Any damages or losses resulting from your use of Third-Party Services

9. Subscription and Payment Terms

9.1 Free and Premium Features

The App may offer both free and premium (paid) features. Access to premium features may require a subscription or one-time payment.

9.2 Subscription Terms

If you purchase a subscription:

• Subscriptions are billed in advance on a recurring basis (monthly, annually, etc.)
• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through your account settings or app store
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods

9.3 Payment Processing

Payments are processed through third-party payment processors (e.g., Apple App Store, Google Play Store). You agree to their terms and conditions. We are not responsible for payment processing errors or issues.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

We strive to provide reliable service but do not guarantee that the App will be available, uninterrupted, error-free, or secure at all times. The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITALA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from your use or inability to use the App
• Any health decisions or actions taken based on App information
• Any unauthorized access to or use of your data

Our total liability to you for any claims arising from or related to the App shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

10.3 No Warranties

WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Indemnification

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

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or information you submit or transmit through the App

12. Termination

12.1 Termination by You

You may terminate your account at any time by deleting the App or contacting us to request account deletion. Upon termination, your right to use the App will immediately cease.

12.2 Termination by Us

We may suspend or terminate your account and access to the App immediately, without prior notice, if:

• You violate these Terms
• You engage in fraudulent, illegal, or harmful activities
• We are required to do so by law
• We discontinue the App or any portion thereof

12.3 Effect of Termination

Upon termination, your right to use the App will cease immediately. We may delete your account and data in accordance with our Privacy Policy and data retention policies. Provisions that by their nature should survive termination will remain in effect.

13. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the App, you consent to the collection and use of your information as described in our Privacy Policy.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Sending you an email notification (if you have provided an email address)
• Displaying a notice in the App

Your continued use of the App after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the App.

15. Governing Law and Dispute Resolution

15.1 Governing Law

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

15.2 Dispute Resolution

Any disputes arising from or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. You waive your right to a jury trial and to participate in class action lawsuits.

16. Severability

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

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Vitala regarding your use of the App and supersede all prior agreements and understandings.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Vitala.

19. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms and our rights and obligations hereunder to any third party without your consent.

20. Contact Information

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