Terms of Service

Last Modified: 6-17-2026

Thank you for your interest in VITALS (referred to as, “VITALS”, “us”, “we”, or “our” as the context may require). These Terms of Service (the “Terms”) serve as an agreement between you and us, and set forth the terms and conditions by which you may access and use the VITALS website and mobile application(s), (each a “Site”, and together “Sites”), and our related services, products, and content (together with the Sites, collectively referred to as the ”Services”).

BY USING THE SERVICES, WHETHER THROUGH YOUR COMPUTER OR A MOBILE DEVICE OR MOBILE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND THE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”).

YOU MAY NOT SUBSCRIBE TO THE SERVICES IF YOU (A) DO NOT AGREE TO THE AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 16 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH VITALS, OR (C) ARE PROHIBITED FROM USING THE SERVICES, OR PURCHASING ANY OF THE SERVICES, BY APPLICABLE LAW.

PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION (SECTION 23) SET FORTH BELOW CAREFULLY. YOU ARE REQUIRED TO RESOLVE DISPUTES WITH VITALS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT AND THE CONSEQUENCES THEREOF.

By using the Services, you agree to be bound by these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Services

VITALS is a platform that provides AI-guided insights and interactions based on personality assessment data and other information you provide to the platform. Using such data, VITALS may provide personalized insights across your Values, Interests, Temperament, Action Style, Learning Style, and Social Style, and AI-guided interactions designed to help you better understand yourself and apply that understanding to your work, relationships, and personal growth.

While we strive to provide accurate and reliable Services, you acknowledge and understand that AI technology may not be error-free. You agree that you are responsible for your own research and decisions, and that VITALS is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of VITALS. See Section 10 “Artificial Intelligence Tools” and Section 19 “Disclaimers” for more information.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, VITALS may stop (permanently or temporarily) providing the Services, or any features therein, to you or to users generally and may not be able to provide you with prior notice.

Accessing the Services; Account Security

To access the Services, you may be required to create an account and provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Profile Sharing

The Services may allow you to share certain profile information, including assessment results and relationship context data, with other individuals you designate, such as coworkers, partners, or family members ("Shared Contacts"). By using the profile sharing feature, you: (a) consent to the disclosure of your selected profile information to the Shared Contacts you designate; (b) acknowledge that you are solely responsible for determining what information to share and with whom; and (c) understand that Shared Contacts will have access to your shared profile information until you revoke such access. You may revoke a Shared Contact's access to your profile information at any time through your account settings. Upon revocation, VITALS will use commercially reasonable efforts to remove the Shared Contact's access promptly, but VITALS is not responsible for any information that was accessed, copied, or retained by the Shared Contact prior to revocation. You must obtain the consent of any individual whose personal information you submit to VITALS in connection with the profile sharing feature.

No Medical or Therapeutic Advice

The Services, including any AI-guided sessions and platform interactions, are for informational and personal development purposes only. The Services do not constitute and are not a substitute for medical advice, psychological counseling, psychotherapy, or any other form of licensed professional healthcare or mental health treatment. VITALS is not a healthcare provider. If you are experiencing a medical or mental health emergency, you should contact emergency services or a qualified healthcare professional immediately. You acknowledge and agree that VITALS shall have no liability for any decisions, actions, or outcomes arising from your reliance on AI-guided sessions or other content provided through the Services in lieu of professional medical or therapeutic advice.

Privacy Policy

Your use of our Services is subject to our Privacy Policy. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide VITALS, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully. For the avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein. VITALS is based in the United States, and the personal information that we collect and process is retained and stored in the United States.

Our Services provide a personalized experience based on your assessment results and the information you provide to the platform. We may use what we know about you to surface insights, features, and content relevant to your profile and personal development goals. It is necessary for us to handle your personal information for this purpose, as we explain in our Privacy Policy.

Subscription Plans and Billing

VITALS offers three subscription tiers:

Free Tier: Basic profile and core assessment features at no cost. No payment required.

Standard Tier: Annual subscription providing access to a comprehensive VITALS profile reflecting detailed insights and in-depth interpretation across all six personality dimensions (Values, Interests, Temperament, Action Style, Learning Style, and Social Style), including dimension-level narrative, trait-level descriptors, and personalized guidance derived from your assessment results, and an AI-guided interactive feature ("Ask VITALS").

Premium Tier: Annual subscription providing access to all Standard Tier features plus specialized lens-based insights tailored to specific life contexts, including Career (with 360-degree feedback) and Relationship (with profile comparison), and integration with third-party AI platforms via Model Context Protocol (MCP), enabling your VITALS profile data to be used as contextual input within supported AI environments.

Annual subscriptions automatically renew for successive one-year terms at the then-current annual rate unless you cancel before the renewal date. You will receive notice of your upcoming renewal and any price changes no less than thirty (30) days before your renewal date. Cancellation after a renewal date does not entitle you to a refund for the renewed term. Downgrading from a paid tier to the Free Tier takes effect at the end of your current annual term. Upgrading between paid tiers takes effect immediately, with the remainder of your current term prorated at the new rate. All fees are non-refundable except as required by applicable law or as expressly stated in these Terms.

VITALS uses third-party payment processors to process your payments. Your payment information is subject to the privacy policy and terms of service of the applicable payment processor. You represent and warrant that (i) the payment information you supply to us or our service providers is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment method, and (iv) you will pay charges incurred by you at the posted prices, and all applicable taxes, if any.

VITALS reserves the right to modify subscription pricing upon thirty (30) days’ notice prior to your renewal date. If you do not cancel before the renewal date following a price change notice, your continued use of the Services constitutes acceptance of the new pricing. Your continued use of the Services after the price change becomes effective constitutes agreement to pay the changed amount for the duration of your subscription term.

We may periodically offer promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Third-Party Integrations and MCP Connections

The Services may allow you to connect third-party tools and services through integrations enabled by VITALS (“Integrations”). By enabling an Integration, you authorize VITALS to facilitate the exchange of data between the Services and the connected third-party service, which may include your assessment results, profile data, and interaction history, to the extent necessary to power the Integration. You may revoke any Integration at any time through your account settings or by contacting us. Revocation will prevent future data sharing with the connected service, but does not affect data already transmitted prior to revocation. VITALS is not responsible for the practices, availability, or conduct of any third-party service connected through an Integration. Your use of any third-party service is subject to that service’s own terms and privacy policy. VITALS does not control how third-party services store or use data received through an Integration.

Third-Party Products

Some of the content available on the Services may include content and links to third-party services and vendors. VITALS is not representing and does not endorse or warrant any third-party services and vendors that may be linked on the Services. If you procure services, applications, or online content from a third party (“Third Party Products”) for use with the Services, any such use is subject to the agreement that you accept from or establish with such third party. Third Party Products are not Services and, as between the parties, VITALS has no liability with respect to your procurement or use of Third Party Products.

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to the “look and feel” of the applicable site, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by VITALS, 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. Unless otherwise expressly agreed in writing, these Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our sites, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (ii) you may store files that are automatically cached by your web browser for display enhancement purposes, (iii) you may print or download one copy of a reasonable number of pages of our Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution, (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms, as well as any other end-user agreement for such applications, and (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Services, (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our sites, and (iv) access or use for any commercial or competitive purposes any part of our Services. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by VITALS. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The VITALS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of VITALS or its affiliates or licensors. You must not use such marks without the prior written permission of VITALS. All other names, logos, product and service names, designs, and slogans on our Sites are the trademarks of their respective owners.

Artificial Intelligence Tools

The Services include certain artificial intelligence tools (collectively referred to as “AI Services”) that provide outputs generated by the AI Services (“Output”) based on your input (“Input”). By using our AI Services, you grant VITALS a nonexclusive, royalty-free, perpetual, transferable, irrevocable, worldwide, and fully sublicensable right (i) to use Input and Output to provide and improve upon the AI Services to you and to create anonymous versions of the Input and Output, and (ii) to use anonymous versions of the Input and Output to provide and maintain the AI Services or other Services, create new AI Services or other Services, comply with applicable law, enforce its policies, or any other reason. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, process through AI systems, remove, analyze, commercialize, and prepare derivative works of your Input. If you do not want Input to be used for the foregoing reasons, your sole and exclusive remedy is to not use the Services.

You may receive Output from the AI-Services based on your Input. You represent and warrant that you own or control all rights in and to the Input and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and all of your Inputs do and will comply with these Terms. You are responsible for your Input and your use of Output therefrom, including ensuring that it does not violate any applicable law or these Terms. As between you and VITALS, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. Our assignment, however, does not extend to other users’ output. You acknowledge that the AI Services may produce similar responses or results (for example, to similar prompts or queries from multiple customers) and may not be unique to you, and any rights in Output may not be enforceable, including against other users of the AI Services. By submitting Input, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, VITALS and each of its and their respective officers, directors, stockholders, employees, agents, affiliates, successors, and permitted assigns (the “VITALS Entities”) from and against any and all claims, suits, actions, demands, liabilities, damages, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys' fees of any kind (collectively, “Claims”) whatsoever arising out of or in connection with Inputs, our use of Inputs, and your use of Outputs, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, or defamation. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms at a later time.

While we strive to provide accurate and reliable AI Services, you acknowledge and understand that AI technology may not be error-free. The accuracy and reliability of the AI Services may vary based on factors such as Input, user interactions, and system limitations. Output generated with AI Services can reflect biases and may include “AI hallucinations”, logic errors, and inaccuracies depending upon the data inputs and prompts. Therefore, we make no guarantees regarding the reliability, accuracy, completeness, or applicability of the Output. You and your authorized users are responsible (i) for verifying the accuracy, completeness, and appropriateness of Output for your use case before relying on them for any purpose, including employment human review of Output and (ii) for all decisions made, advice given, actions taken, and failures to take action based on the use of AI Services. You should report any inaccuracies or errors encountered while using the AI Services to us using the contact details specified below. Additionally, you should not mislead any person that AI-generated output and recommendations were solely human-generated.

Our AI Services are powered by one or more LLM software platforms (each an “LLM Provider”). The AI Services may be subject to the terms of service, privacy policies, and usage policies of the LLM Provider (together, “Third-Party Terms”). We are not responsible for the practices, policies, or availability of LLM Providers. You are solely responsible for reviewing and complying with any applicable Third-Party Terms. You are solely responsible for any third-party claims regarding your use of the AI Services in compliance with the Third-Party Terms and applicable laws (including, but not limited to, copyright infringement or other claims relating to Output).

Use of Data for Product Improvement

You acknowledge and agree that VITALS may create aggregated, de-identified, or anonymized data derived from your use of the Services, including Input, Output, assessment responses, platform interactions, and usage patterns (“Usage Data”), and that VITALS owns all rights, title, and interest in Usage Data. VITALS may use such Usage Data for any and all purposes, including to improve the Services, develop new products and features, conduct research, and refine scoring models and norm data. Such aggregated or de-identified data will not identify you personally. VITALS's use of personally identifiable information is governed by the Privacy Policy.

Conversation History

The Services may retain records of your interactions, including AI-guided session transcripts and Output ("Conversation History"). You acknowledge that: (a) your Conversation History may be accessible to you through your account; (b) VITALS personnel and administrators may access Conversation History for purposes including but not limited to quality assurance, creation of Usage Data, platform improvement, compliance with applicable law, enforcement of these Terms, and resolution of disputes; and (c) while VITALS implements administrative and operational safeguards to protect the confidentiality of Conversation History, no system is perfectly secure, and VITALS does not guarantee that unauthorized access will not occur. You should not share sensitive personal information through the Services that you would not want VITALS personnel to access. Conversation History may not always be available to you (see Section 27 (No Data Storage Obligation) for more information).

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or asking them for personally identifiable information, (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Community Rules set out in these Terms, (iv) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (v) to impersonate or attempt to impersonate VITALS, any VITALS employee, another user of the Services, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm VITALS or users of the Services, or expose them to liability.

Additionally, you agree not to: (i) use the Sites in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Sites, including their ability to engage in real-time activities through the Sites, (ii) use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Services, (iii) use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms, without our prior written consent, (iv) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which a Site is stored, or any server, computer, or database connected to the Sites, (vi) attack the Sites via a denial-of-service attack or a distributed denial-of-service attack, and (vii) otherwise attempt to interfere with the proper working of the Services, (viii) copy, download, modify or translate any part of the Services in any manner not authorized by these Terms; (ix) reverse engineer, decompile, or disassemble any part of the Services, or otherwise attempt to discover the underlying source code of the Services; (x) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of the Services or any features or functionality of the Services to any third party; (xi) use the Services in any manner that violates applicable law, regulation, or rule; and/or (xii) use the Services or its contents for purposes of competitive analysis, the development of a competing product or service, or any purpose that is detrimental to VITALS.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, social media links, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, whether provided to us directly by you or that you authorized us to access from third parties such as Instagram, Google, or Apple (collectively, “User Contributions”) on or through the Services. User Contributions must comply with the Community Rules set out in these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary.

You continue to own the intellectual property rights in any User Contributions that you create or share on the Services. However, we need legal permission to use your User Contributions to provide our Services. Therefore, when you share User Contributions, you grant VITALS a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such User Contributions, in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing or commenting (whether on VITALS’s Sites or on third party sites), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not VITALS, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. You acknowledge and agree that any User Contributions you place or that you authorize us to place on the Services may be viewed by other users and may be viewed by any person visiting or participating in the Services.

By submitting User Contributions, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, VITALS Entities from and against any and all Claims whatsoever arising out of or in connection with the use of such User Contributions, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, or defamation. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms at a later time.

Monitoring and Enforcement

We have the right to remove or refuse to post any User Contributions or Input for any or no reason in our sole discretion, and to take any action with respect to any User Contribution or Input that we deem necessary or appropriate in our sole discretion, including but not limited to, if we believe that such User Contribution or Input violates the Terms, including the Community Rules, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for VITALS. You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. We have the absolute right to terminate or suspend your access to all or part of the Sites for any or no reason whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS VITALS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VITALS AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER VITALS AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot, and do not undertake to, review User Contributions or Input or any other material before it is posted on the Sites, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions, Input or transmissions, communications, or content provided by any user or third party.

Community Rules

You agree to treat other users in a courteous and respectful manner, both on and off our Services and to be respectful when communicating with any of our customer representatives or other employees. By using the Services, you agree that you will not:

post any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
use the Services for any purpose that is illegal or prohibited by these Terms;
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy, such as sharing personal information without consent, accessing private data unlawfully, or violating any relevant privacy regulations;
be likely to deceive any person;
promote any illegal activity, or advocate, promote, or assist any unlawful act;
shame, humiliate, intimidate, bully, harass, or celebrate the suffering of individuals;
cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person or organization;
promote discriminatory practices or behaviors against individuals or groups on the basis of one or more protected attributes such as race, ethnicity, religion, nationality, gender, sexual orientation, or any other identifying traits;
create or spread any deceptive or misleading information;
spam or solicit money or other items of value from other users, or involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
misrepresent your identity, age, qualifications, or affiliations;
use another user’s account, or share an account with another person;
share another user's profile information, assessment results, or other personal data outside the Services or with unauthorized third parties without the express consent of that user;
create another account if we have previously terminated your account, unless you have received permission in writing from us.

You acknowledge and agree that VITALS may investigate and/or terminate your account if we determine in our sole discretion that you have violated these Terms, misused the Services, or behaved in a way that VITALS regards as inappropriate or unlawful, including actions or communications that occur on or off the Services.

Safety; Your Interactions with Other Users

While VITALS strives to create a positive user experience, VITALS is not responsible for the conduct of any users or Shared Contacts on or off of the Services. We urge you to use reasonable caution before communicating with any other user of the Services and before sharing your information with any Shared Contacts. Please be thoughtful and selective about the information, including contact information, that you share with Shared Contacts or any other users of the Services. You agree that you are responsible for your own research and decisions, and that VITALS is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of VITALS. VITALS makes no representations or endorsements regarding any content posted on or through the Services. VITALS expressly disclaims any liability, including personal injury or death, that results from any interaction with any other user of the Services or otherwise related to your use of the Services.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. VITALS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR SHARED CONTACTS.

Linking to the Site and Social Media Features

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Site, (ii) send emails or other communications with certain content, or links to certain content, on this Site, and (iii) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not do any of the following: establish a link from any website that is not owned by you to the Site; cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website; link to any part of the Site other than the homepage; or otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Community Rules set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Disclaimers

Please note the following:

The AI-guided services provided through the Services are for informational and personal development purposes only and are not a substitute for professional medical, psychological, or therapeutic advice.
We do not guarantee any particular career, personal, or life outcome as a result of using the Services.
We are not medical professionals, licensed therapists, or mental health counselors.
You are solely responsible for your own decisions and actions based on information provided to and received through the Services.

THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, vendors, and/or service providers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by VITALS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of VITALS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES OR WEBSITES LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO AI SERVICES (AND OUTPUT THEREFROM), THIRD PARTY PRODUCTS IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES, INFORMATION, OUTPUT OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THIRD PARTY PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VITALS NOR ANY OTHER PERSON ASSOCIATED WITH VITALS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER VITALS NOR ANY OTHER PERSON ASSOCIATED WITH VITALS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OUTPUT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THIRD PARTY PRODUCTS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR OUTPUT OBTAINED THROUGH THE SERVICES, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, VITALS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE VITALS ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR SERVICES LINKED TO IT, THIRD PARTY PRODUCTS OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY OUTPUT OR AI SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS LEGALLY PROHIBITED, THEN TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE VITALS ENTITIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO VITALS IN THE THREE (3) MONTHS THAT PRECEDED THE EVENT GIVING RISE TO THE CLAIM; OR (II) $100.00.

Indemnification

You agree to fully and completely defend, indemnify, and hold harmless the VITALS Entities from and against any Claims arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, Input, any use of the Site’s content, services, products, or Third Party Products other than as expressly authorized in these Terms, or your use of any information obtained from the Services (including Output), or your interactions with other users.

Governing Law

These Terms (including the Privacy Policy) shall be governed in all respects by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law principles.

Waiver of Class Action; Arbitration Agreement

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VITALS AGREE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OR USE OF PRODUCTS THROUGH THE SERVICES, EXCLUDING ANY CLAIM, DISPUTE OR CONTROVERSY THAT QUALIFIES FOR SMALL CLAIMS COURT, EXCLUSIVELY AND FINALLY BY BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN COURT BY A JUDGE OR A JURY.

This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.

Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

Exceptions to Agreement to Arbitrate: Either party may elect to pursue a claim in small-claims court rather than arbitration if such party provides the other party with prior written notice. The small-claims court proceeding will be limited solely to individual disputes or controversies. VITALS may bring a lawsuit for unpaid fees or injunctive relief or other legal action to stop unauthorized use or abuse of the Site(s) or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the arbitration process described above.

Class Action Waiver. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR VITALS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Time Limitation. Any claim or dispute arising under these Terms must be initiated for arbitration within one (1) year from its accrual date. Any claim or dispute initiated one (1) year or longer from its accrual date shall be time-barred and dismissed.

Account Termination

You may terminate your account at any time by contacting us at the email address set forth in the “Contact Us” section of these Terms. Upon receipt of a valid termination request, VITALS will deactivate your account and cease providing the Services to you.

Following account termination, VITALS will delete or de-identify your personal information in accordance with the procedures and timelines described in the Privacy Policy, except to the extent that VITALS is required or permitted to retain certain information under applicable law, regulation, or legal obligation, or as reasonably necessary to comply with these Terms, resolve disputes, enforce VITALS's rights, or maintain the security and integrity of the Services. For the avoidance of doubt, your rights with respect to the access, deletion, and portability of your personal information are governed by the Privacy Policy and applicable data protection laws, including the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, "CCPA/CPRA"), to the extent applicable.

You acknowledge and agree that: (a) any licenses and rights you have granted to VITALS under these Terms with respect to User Contributions, Input, and Output shall survive termination of your account to the extent set forth in Section 10 (Artificial Intelligence Tools) and Section 14 (User Contributions) of these Terms; (b) Conversation History and aggregated, de-identified, or anonymized data derived from your use of the Services prior to termination may be retained and used by VITALS in accordance with Section 11 (Use of Data for Product Improvement ) and Section 12 (Conversation History) of these Terms; (c) any fees paid prior to the effective date of termination are non-refundable in accordance with Section 6 of these Terms; and (d) termination of your account does not relieve you of any obligations arising under these Terms prior to termination, including any indemnification obligations under Section 21.

If your subscription is subject to an active billing cycle at the time of termination, your access to the paid features of the Services will continue until the end of the then-current billing period, after which your account will be deactivated. You are responsible for canceling any active subscription before initiating account termination to avoid additional charges.

Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of VITALS, and any attempted assignment, transfer, delegation, or sublicense in violation of this provision shall be null and void. VITALS may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without your consent and without notice, including in connection with a merger, acquisition, corporate reorganization, restructuring, sale of all or substantially all of its assets or equity interests, or any similar transaction. Upon any permitted assignment by VITALS, the assignee shall be deemed substituted for VITALS for all purposes under these Terms, and all references to VITALS herein shall be deemed to refer to the assignee. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

Force Majeure

VITALS shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of VITALS, including, without limitation: (a) acts of God, flood, fire, earthquake, pandemic, epidemic, or other natural disaster; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (c) government orders, laws, actions, embargoes, or blockades enacted or imposed after the date of these Terms; (d) national or regional emergency; (e) strikes, labor stoppages or slowdowns, or other industrial disturbances; (f) shortage of adequate power, transportation, or telecommunications facilities; (g) cyberattacks, distributed denial-of-service attacks, ransomware, or other malicious interference with computer systems or networks; (h) failure or interruption of third-party services, platforms, or infrastructure upon which the Services depend, including LLM Providers, payment processors, or cloud hosting services; or (i) any other event or circumstance beyond the reasonable control of VITALS (each, a "Force Majeure Event").

During any period in which a Force Majeure Event prevents VITALS from performing its obligations under these Terms, VITALS's obligations shall be suspended without liability. VITALS will use commercially reasonable efforts to notify you of any Force Majeure Event and to resume performance of the affected obligations as soon as reasonably practicable following the cessation of the Force Majeure Event. If a Force Majeure Event continues for a period of sixty (60) consecutive days, either party may terminate these Terms upon written notice to the other party, and such termination shall not give rise to any liability of VITALS to you, except that VITALS shall refund any prepaid fees (if any) for Services not yet rendered as of the effective date of such termination, on a pro rata basis.

No Data Storage Obligation

The Services are not intended to serve as a data storage, backup, or archival service. While Conversation History and other records of your interactions with the Services (including Input, Output, AI-guided session transcripts) may be accessible to you through your account, VITALS does not guarantee the availability, retention, or accessibility of any such data at any time. You acknowledge and agree that Conversation History, Input, Output, and any other content or data associated with your account (collectively, "User Data") may become unavailable, incomplete, or inaccessible at any time and for any reason, including, without limitation, as a result of system updates, maintenance, technical failures, changes to the Services, data retention policies, account termination, or the acts or omissions of third-party service providers, including LLM Providers.

VITALS expressly disclaims any obligation to maintain, store, or make available any User Data for any period of time beyond what is required by applicable law. You are solely responsible for independently saving, exporting, or otherwise preserving any User Data that you wish to retain. VITALS shall have no liability whatsoever for any loss, deletion, corruption, or inaccessibility of User Data, whether arising from scheduled or unscheduled downtime, system errors, changes in the Services, termination or suspension of your account, expiration of your subscription, or any other cause.

To the fullest extent permitted by applicable law, in no event shall any of the VITALS Entities be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of or related to the unavailability, loss, deletion, or corruption of any User Data, including but not limited to Conversation History, Input, Output, assessment results, or any other information stored on or processed through the Services. You hereby waive and release the VITALS Entities from any and all Claims related to the loss of or inability to access User Data. This limitation applies regardless of the legal theory upon which such claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether VITALS has been advised of the possibility of such damages. You acknowledge that it is your sole responsibility to maintain copies of any data, content, or records that are important to you, and that you will not rely on the Services as a primary or sole repository for any such information.

Waiver and Severability

No waiver by VITALS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VITALS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and VITALS regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Changes to the Terms

We reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Modified” date provided herein. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Site, however, you should review the Terms regularly for such changes. Your continued use of the Services after the “Last Modified” date will constitute your acceptance of and agreement to such changes.

Contact Us

If you have questions regarding these Terms, please contact us at (email) legal@vitals.me.