Terms of Service

1. Acceptance of Terms

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.

2. License to Use the App

2.1 Grant of License

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.

2.2 Restrictions

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer, decompile, or attempt to extract the source code of the App
• Remove, alter, or obscure any proprietary notices or labels on the App
• Use the App in any manner that violates applicable laws or regulations
• Use the App to transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any systems or networks connected to the App
• Use automated systems or bots to access the App
• Resell, redistribute, or commercially exploit the App or its content

2.3 App Store Terms

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.

3. Medical Disclaimer

3.1 Not Medical Advice

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:

• Always consult a physician or qualified healthcare professional before making any decisions about your health, fitness, or medical treatment
• Never disregard professional medical advice or delay seeking it because of information provided by the App
• Not rely on the App for emergency medical situations or critical health decisions
• Seek immediate medical attention if you experience any concerning symptoms

3.2 Accuracy of Information

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.

3.3 Individual Variability

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.

4. Nutrition, Wellness & Safety Disclaimer

4.1 General Wellness Purpose

Vitera provides general wellness, fitness, and lifestyle suggestions for informational purposes only. Vitera does not provide medical, clinical, or therapeutic dietary advice, and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

All nutrition-related content, including meal ideas, food examples, timing suggestions, or dietary patterns, is offered as general guidance only. Any nutrition-related suggestions are general lifestyle guidance and are not personalized medical nutrition plans.

Vitera does not replace guidance from a registered dietitian, nutritionist, or licensed healthcare provider. Any dietary or food-related suggestions provided by the App are general wellness information and should not be used as a substitute for professional nutritional advice.

4.2 Allergies & Intolerances

Vitera allows users to specify food allergies, intolerances, and dietary preferences. While we use this information to tailor suggestions, Vitera cannot guarantee that any suggested food, ingredient, or meal is free from allergens or safe for consumption.

You are solely responsible for:

• Verifying ingredient lists
• Checking food labels
• Confirming preparation methods
• Ensuring foods are safe given your allergies or intolerances
• Accounting for cross-contamination risks, food preparation methods, and restaurant or third-party food handling practices

4.3 AI-Generated Content

Some nutrition and wellness content within Vitera is generated or assisted by artificial intelligence. AI-generated content may be incomplete or inaccurate.

Users acknowledge that:

• AI-generated suggestions are generalized, not personalized medical advice
• Errors or omissions may occur
• Independent verification is required before acting on recommendations

4.4 No Guarantees

Vitera does not guarantee any specific health, fitness, weight, or performance outcomes. Individual results vary based on numerous factors.

4.5 Limitation of Liability

To the maximum extent permitted by law, Vitera disclaims all liability for damages arising from nutrition suggestions, dietary changes, food consumption decisions, or allergic reactions. Use of the app is at the user’s own discretion and risk.

4.6 Weight & Body Composition

Any references to weight management, fat loss, muscle gain, or body composition are general wellness concepts only. Vitera does not guarantee weight loss, muscle gain, or changes in physical appearance. Results vary widely based on individual biology, lifestyle, consistency, and external factors.

5. User Responsibilities

5.1 Eligibility

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.

5.2 Account Security

Although Vitera does not require an account, you are responsible for:

• Maintaining the security of your device
• Keeping your iOS and App updated
• Protecting your Apple Health data through device security features
• Any activity that occurs through your device

5.3 Lawful Use

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.

5.4 Data Backup

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.

6. Intellectual Property Rights

6.1 Ownership

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.

6.2 Trademarks

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.

6.3 Feedback

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.

7. Privacy & Data

Your use of the App is also governed by our Privacy Policy. Key points:

• All health data processing occurs on your device
• We do not store your raw health data on external servers
• Anonymized AI interaction logs (inputs/outputs) are stored securely in Firebase to improve coaching quality and monitor accuracy
• These logs use **randomized, anonymous IDs** and are NOT linked to any user identity
• We do not sell your data to third parties
• You control all health data permissions through Apple Health settings

Please review our Privacy Policy for complete details.

8. App Updates & Changes

8.1 Updates

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.

8.2 Changes to Features

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.

9. Disclaimers & Limitations of Liability

9.1 "As Is" Basis

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.

9.2 No Warranty of Accuracy

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.

9.3 Limitation of Liability

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.

9.4 Cap on Liability

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.

10. Indemnification

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.

11. Termination

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.

12. Dispute Resolution

12.1 Governing Law

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.

12.2 Arbitration

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.

12.3 Class Action Waiver

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.

13. Geographic Restrictions

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.

14. Export Compliance

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.

15. Changes to Terms

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.

16. Severability

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.

17. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18. Entire Agreement

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.

19. Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us:

Email:
support@vitera.app