Terms of Use

Last Updated: February 3, 2026

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and VitaWay ("we," "us," or "our") concerning your access to and use of the VitaWay mobile application ("App").

By downloading, installing, accessing, or using our App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

IMPORTANT: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read Section 16 carefully.

2. Eligibility

You must be at least 13 years of age (or 16 in the European Economic Area) to use this App. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you must have your parent or legal guardian's permission to use the App.

By using the App, you represent and warrant that:

3. Description of Service

VitaWay is a mobile application designed to help users track their vitamin and supplement intake. The App provides the following features:

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

4. Medical Disclaimer

MEDICAL DISCLAIMER: VitaWay is a tracking and organizational tool only. It is NOT intended to provide medical advice, diagnosis, or treatment.

You acknowledge and agree that:

5. User Account

5.1 Account Creation

To access certain features of the App, you may need to create an account. When creating an account, you agree to:

5.2 Account Security

You are responsible for maintaining the confidentiality of your account login credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

6. Subscriptions and Payments

6.1 Subscription Plans

VitaWay offers subscription-based access to premium features. Subscription plans and pricing are displayed within the App and may be changed at our discretion.

6.2 Payment Processing

Payments are processed through third-party payment processors, including Apple's App Store. By purchasing a subscription, you agree to the payment processor's terms and conditions.

6.3 Automatic Renewal

Subscriptions automatically renew unless you cancel before the renewal date. You will be charged the then-current subscription price. To cancel, you must do so through your App Store account settings at least 24 hours before the end of the current subscription period.

6.4 Refunds

Refunds are subject to Apple's App Store refund policy. Generally, all purchases are final and non-refundable except as required by law or as otherwise stated in Apple's policies.

6.5 Free Trials

We may offer free trial periods for subscriptions. If you do not cancel before the trial period ends, you will be automatically charged for a subscription at the then-current price.

7. User Responsibilities and Prohibited Conduct

7.1 Acceptable Use

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

7.2 Custom Content

When you create custom vitamins or other content within the App, you represent that:

8. Intellectual Property Rights

8.1 Our Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, and the selection and arrangement thereof) are owned by VitaWay, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

We grant you a personal, non-exclusive, non-transferable, revocable, limited license to:

8.3 Restrictions

You may not:

8.4 Trademarks

The VitaWay name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of VitaWay. You may not use such marks without our prior written permission.

9. Third-Party Services

The App may contain links to third-party websites or services, including but not limited to:

We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not liable for any damage or loss caused by your use of any third-party services.

10. Privacy and Data Protection

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and share your information.

11. Push Notifications

By using the App's reminder features, you consent to receive push notifications. You can disable notifications at any time through your device settings or within the App. We are not responsible if notifications fail due to device settings, network issues, or other factors beyond our control.

12. Disclaimers and Limitations of Liability

12.1 "As Is" and "As Available"

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

12.2 Health-Related Disclaimers

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR ACCURACY OF ANY HEALTH-RELATED INFORMATION PROVIDED THROUGH THE APP. THE APP IS NOT A MEDICAL DEVICE AND SHOULD NOT BE USED TO DIAGNOSE, TREAT, OR PREVENT ANY MEDICAL CONDITION.

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VitaWay, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless VitaWay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

14.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

14.3 Effects of Termination

Upon termination:

15. Modifications to Terms and App

15.1 Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. Material changes include:

Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.

15.2 Changes to the App

We may update, modify, or discontinue any aspect of the App at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the App.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice to the contact information provided in Section 19.

16.2 Binding Arbitration

If the dispute cannot be resolved informally within 30 days, you agree that any dispute arising from these Terms or your use of the App will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

16.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

16.4 Exceptions

Either party may seek equitable relief in court for infringement or other misuse of intellectual property rights.

16.5 Opt-Out

You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to the contact information in Section 19.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

To the extent arbitration does not apply, you agree to submit to the personal jurisdiction of the courts located in [Your Jurisdiction] for resolution of any disputes.

18. Miscellaneous Provisions

18.1 Entire Agreement

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

18.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or government actions.

18.6 Apple-Specific Terms

If you access the App via Apple's App Store, you acknowledge and agree that:

19. Contact Information

If you have any questions about these Terms, please contact us:

Email: [your-email@example.com]

App Name: VitaWay

Response Time: We aim to respond to all inquiries within 5 business days

20. Acknowledgment

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.


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