Terms of Use (End-User Licence Agreement)

This End-User Licence Agreement (the “EULA”) is a binding agreement between you and VitaMedas, Inc., a Delaware corporation (“VitaMedas”, “we”, “us”). It governs your use of the Vita mobile and watch applications (the “App”) however you obtained them.

The Terms of Service, the Privacy Policy, the Medical Disclaimer and the Acceptable Use Policy also apply to the App and form part of this EULA. If this EULA and the Terms of Service disagree about the licence to the App itself, this EULA wins; on everything else the Terms of Service win.

You accept this EULA by downloading, installing or using the App. If you do not agree, do not use the App.

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own non-commercial use and for looking after the people whose profiles you manage in it.

The App is licensed, not sold. We and our licensors keep every right not expressly granted here, including all intellectual property in the App, its content and the Vita name and marks.

Except where the law says you may, you must not:

• copy, modify, translate or create derivative works of the App;
• decompile, disassemble or reverse-engineer the App, or try to extract its source code;
• rent, lease, lend, sell, sublicense or redistribute the App;
• get around any security, authentication, usage limit or payment feature of the App;
• use automated means to access the App or to collect its answers or content at scale;
• use the App to break the law, to harm anyone, or to build a competing product.

Vita explains health topics in plain language and helps you prepare for appointments. It does not diagnose, treat or prescribe, it is not a medical device, and it does not replace a doctor, pharmacist or other qualified professional. Decisions about your health, or anyone else’s, belong with them.

Growth curves, reference ranges and similar comparisons in the App show published reference data next to your own entries. They are information to discuss with a professional, not a conclusion about anyone’s health. The full text is in the Medical Disclaimer.

• You must be at least 18 years old (or the age of majority where you live, if higher) to hold an account.
• You may add profiles for other people — a child, a parent, a partner. By doing so you confirm that you are entitled to manage their information: as their parent or legal guardian, or with their permission.
• You are responsible for what happens on your account and for keeping your sign-in details and device secure.

Vita offers optional auto-renewing subscriptions (Vita Basic, Vita Plus and Vita Family, each monthly or yearly) and one-off voice minute top-ups. The price in your currency is shown in the App before you buy.

How we collect and use personal data is set out in the Privacy Policy. In particular:

• The App reads Apple Health data only with your permission, which you can withdraw at any time in the Health app. It is used only to show you your own readings, to answer your questions, and so that the App does not ask for what Apple Health already holds. From version 3.6.3 a connection belongs to one Vita account, and another account on the same phone connects only by its own tap. It is never sold and never used for advertising or marketing.
• Files in your Health records vault are stored end-to-end encrypted. We cannot read them. Your questions, Vita’s answers and documents you attach in a chat are different: Vita reads them to answer you, as the Privacy Policy explains.
• Photos you add to profiles stay on your device and are not uploaded.

We may update the App to fix problems, improve it or keep it secure, and some features may need the latest version. Features may change or be withdrawn as described in the Terms of Service. We do not promise that the App will always be available or free of errors.

This EULA lasts until you or we end it. You can end it at any time by deleting the App and your account. We may end or suspend your licence if you seriously or repeatedly break this EULA or the Terms of Service. When it ends you must stop using the App. Sections 3, 4, 10 and 11 continue to apply afterwards.

The warranty disclaimer, the limitation of liability, the indemnity, and the governing law and dispute-resolution provisions of the Terms of Service (sections 12, 13, 14 and 19) apply to the App exactly as they apply to the rest of the Service, including the consumer rights that your own law does not allow anyone to exclude.

If you obtained the App from Apple’s App Store, the following also applies:

• Parties. This EULA is between you and VitaMedas, Inc. only, not Apple Inc. (“Apple”). VitaMedas, Inc., not Apple, is solely responsible for the App and its content.
• Scope. Your licence is limited to using the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where the App supports it.
• Maintenance and support. VitaMedas, Inc. is solely responsible for maintenance and support of the App. Apple has no obligation to provide any.
• Warranty. VitaMedas, Inc. is solely responsible for any product warranty not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs or expenses from a failure to conform to a warranty are VitaMedas, Inc.’s responsibility.
• Product claims. VitaMedas, Inc., not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer-protection, privacy or similar laws, including in connection with the App’s use of HealthKit.
• Intellectual property. If a third party claims that the App or your possession and use of it infringes their intellectual property rights, VitaMedas, Inc., not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• Third-party terms. You must comply with any third-party terms that apply when you use the App, such as your mobile data agreement.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA. When you accept it, Apple has the right (and is deemed to have accepted the right) to enforce it against you as a third-party beneficiary.

If you obtained the App from Google Play, Google is not a party to this EULA and has no responsibility for the App. Your purchases are also subject to the Google Play Terms of Service.

You confirm that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.

We may change this EULA. We will post the new version here with its effective date and, for a change that matters to you, tell you in the App or by email before it applies. If you keep using the App after a change takes effect, the new version applies; if you do not agree, stop using the App and cancel any subscription.

Questions, complaints or claims about the App: support@vitamedas.com, or for legal notices legal@vitamedas.com.

VitaMedas, Inc., 2261 Market Street STE 69554, San Francisco, CA 94114, United States