Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Viral Studios LLC ("Company," "we," "us," or "our") governing your access to and use of the Vitalize mobile 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, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not download, install, or use the App.

2. Eligibility

You must be at least 13 years of age to use the App. If you are located in the European Economic Area (EEA), you must be at least 16 years of age. By using the App, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into these Terms.

If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Subscriptions and Billing

Vitalize offers access to premium features through auto-renewable subscription plans. The following subscription options are available:

Auto-Renewal

Subscriptions automatically renew at the end of each billing period at the same price unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

Payment

Payment is charged to your Apple ID account at confirmation of purchase. All payments are processed by Apple through the App Store. We do not have access to your payment information.

Managing Your Subscription

You can manage or cancel your subscription at any time through your device settings: Settings > [Your Name] > Subscriptions > Vitalize. Cancellation will take effect at the end of the current billing period; you will retain access to premium features until that time.

Refunds

We do not provide refunds directly. All purchases are subject to Apple's standard refund policy. If you believe you are entitled to a refund, please contact Apple Support or request a refund through the App Store.

4. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial purposes.

This license does not include the right to sublicense, sell, resell, or commercially exploit the App or any content therein. We reserve all rights not expressly granted in these Terms.

5. Acceptable Use

You agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Modify, adapt, translate, or create derivative works based on the App
• Copy, reproduce, distribute, or publicly display the App or any portion thereof
• Rent, lease, lend, sell, sublicense, or transfer the App to any third party
• Use the App for any commercial purpose or for the benefit of any third party
• Use any automated system, including bots, scrapers, or data mining tools, to access or extract data from the App
• Circumvent, disable, or otherwise interfere with security-related features of the App
• Use the App in any manner that could damage, disable, overburden, or impair our servers or networks
• Use the App in violation of any applicable law or regulation

6. Medical Disclaimer

The App is not intended to be, and should not be used as, a substitute for professional medical advice, diagnosis, or treatment. The information provided by the App does not constitute medical advice and should not be relied upon for medical decisions.

Always consult with a qualified healthcare provider before making any medical decisions, starting any new treatment or fitness regimen, or if you have questions or concerns about your health. Never disregard professional medical advice or delay seeking it because of information provided by the App.

If you experience a medical emergency, call your local emergency services immediately. Vitalize is not designed for emergency situations and should not be used in place of emergency medical care.

7. Intellectual Property

The App and all content, features, and functionality thereof, including but not limited to the software, algorithms, text, graphics, logos, icons, images, audio clips, data compilations, and the design, selection, and arrangement thereof, are owned by Viral Studios LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

"Vitalize," the Vitalize logo, and any other product or service names, logos, or slogans that may appear in the App are trademarks of Viral Studios LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

8. User Content

If you submit, upload, or otherwise provide any content to us through the App (such as feedback, suggestions, or support inquiries), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and improving the App and our services.

You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any third-party rights or applicable laws.

9. Third-Party Services

The App integrates with Apple HealthKit to read health and fitness data from your device. Your use of Apple HealthKit is subject to Apple's terms and conditions.

The App may also use third-party services for analytics (Mixpanel) and subscription management (Superwall). These services do not receive any of your HealthKit data. Please refer to our Privacy Policy for more information about how these services are used.

10. Disclaimers and Limitation of Liability

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information provided by the App, including biological age estimates and health recommendations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRAL STUDIOS LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Viral Studios LLC, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any content you submit to us.

12. Termination

We may terminate or suspend your access to the App at any time, with or without cause, and with or without notice. You may terminate your use of the App at any time by deleting the App from your device.

If you have an active subscription at the time of termination, your subscription will remain active until the end of the current paid period, unless termination is due to your material breach of these Terms.

Upon termination, your license to use the App will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6-7, 10-11, and 13.

13. Governing Law

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

Any dispute arising out of or relating to these Terms or the App shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms in the App, updating the "Last updated" date, and/or through an App Store update notification.

Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the App.