These Terms of Service ("Terms") constitute a legally binding agreement between you and Vitera ("we," "us," "our") regarding your use of the Vitera mobile application (the "App") and related services.
By accessing or using Vitera, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial use.
You agree not to:
Your use of the App is also subject to the terms and conditions of the Apple App Store from which you downloaded the App. If these Terms conflict with the App Store terms, the App Store terms will govern with respect to your use of the App Store.
The information, insights, and recommendations provided by Vitera are for informational and educational purposes only. They do not constitute medical advice, diagnosis, or treatment.
You should:
While we strive for accuracy, the App's readiness scores, health insights, and recommendations are based on algorithms and data processing that may not be perfectly accurate or applicable to your individual circumstances.
Everyone's health, fitness level, and recovery needs are different. What works for one person may not work for another. The App's recommendations are general guidelines and may not be appropriate for your specific situation.
You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the App. If you are under 18, you represent that you have your parent or guardian's permission to use the App.
Although Vitera does not require an account, you are responsible for:
You agree to use the App only for lawful purposes and in accordance with these Terms. You will not use the App in any way that violates any applicable federal, state, local, or international law.
You are solely responsible for backing up your device and any data stored on it. We are not responsible for any loss of data that may occur.
The App and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, algorithms, and software) are owned by Vitera or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Vitera name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vitera or its affiliates. You may not use such marks without our prior written permission.
If you provide us with any feedback, suggestions, or ideas about the App ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the App without any obligation to you.
Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. Key points:
Please review our Privacy Policy for complete details.
We may release updates, new features, or bug fixes for the App from time to time. Some updates may be required for the App to function properly. You are responsible for keeping the App updated.
We reserve the right to modify, suspend, or discontinue any feature or functionality of the App at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App.
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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
We do not warrant that the App's data, readiness scores, insights, or recommendations will be accurate, reliable, complete, or current. You use the App at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITERA, ITS AFFILIATES, OFFICERS, DIRECTORS, 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 RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.
In any case, our total liability to you for all claims arising out of or related to the App shall not exceed the amount you paid to us for the App in the twelve (12) months preceding the claim, or $100, whichever is greater.
You agree to indemnify, defend, and hold harmless Vitera and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use or misuse of the App, your violation of these Terms, or your violation of any rights of another party.
You may stop using the App at any time by deleting it from your device. We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice.
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.
You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the fullest extent permitted by law, you waive any right to participate in a class action lawsuit or class-wide arbitration.
The App is intended for users in the United States. We make no claims that the App is accessible, appropriate, or legal outside of the United States. If you access the App from outside the United States, you do so at your own risk.
You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which you obtained the App.
We reserve the right to modify or update these Terms at any time. When we make changes, we will update the "Last Updated" date. Your continued use of the App after changes are posted constitutes acceptance of the updated Terms.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Vitera regarding the App and supersede all prior agreements and understandings.
If you have any questions, concerns, or disputes regarding these Terms, please contact us:
Email:
Legal inquiries: legal@vitera.app
General support: support@vitera.app