Vitalita

1. Acceptance of Terms

By accessing, browsing, or using Vitalita in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. These Terms apply to all users of the Service, including without limitation users who are browsers, customers, merchants, vendors, and contributors of content.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

2. Medical Disclaimer

IMPORTANT: Vitalita is not a substitute for professional medical advice, diagnosis, or treatment.

• The Service provides general health and wellness information and support through AI-powered conversations
• Information provided by Vitalita should not be considered medical advice
• Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition
• Never disregard professional medical advice or delay in seeking it because of something you have read through our Service
• If you think you may have a medical emergency, call your doctor or emergency services immediately
• The Service is not intended to diagnose, treat, cure, or prevent any disease

3. Eligibility and Account Registration

Eligibility

• You must be at least 18 years of age to use this Service
• You must provide accurate, current, and complete information during registration
• You must have the legal capacity to enter into this agreement

Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Permitted Use

You may use Vitalita for the following purposes:

• Seeking general health and wellness information and support
• Engaging in conversations about mental health and wellbeing
• Accessing resources and educational content
• Managing your personal health data within the platform

5. Prohibited Use

You agree NOT to use the Service for any of the following:

• Any unlawful purpose or in violation of any applicable laws
• Attempting to obtain emergency medical assistance (call 911 or emergency services instead)
• Sharing another person's protected health information without authorization
• Attempting to reverse engineer, hack, or compromise the Service
• Uploading viruses, malware, or other malicious code
• Impersonating any person or entity
• Harassing, threatening, or abusing other users or our support staff
• Using the Service for commercial purposes without express written consent
• Attempting to access other users' accounts or data

6. HIPAA Compliance and Data Security

We are committed to protecting your Protected Health Information (PHI) in accordance with HIPAA regulations:

• All PHI is encrypted in transit and at rest using industry-standard encryption
• Access to PHI is strictly limited to authorized personnel who have signed Business Associate Agreements
• We conduct regular security assessments and maintain comprehensive audit logs
• We will notify you promptly of any data breaches as required by law
• Your data will only be used for the purposes outlined in our Privacy Policy

For complete details about how we handle your information, please review our Privacy Policy.

7. Intellectual Property

The Service and all content, features, and functionality are owned by Mental Gymnastics Corporation and are protected by copyright, trademark, and other intellectual property laws.

• You may not reproduce, distribute, modify, or create derivative works of our content
• The "Vitalita" name and logo are trademarks of Mental Gymnastics Corporation
• You retain ownership of any personal data you provide to the Service
• By using the Service, you grant us a limited license to process your data as described in our Privacy Policy

8. Service Availability and Modifications

We strive to provide reliable service, but cannot guarantee 100% uptime:

• The Service may be unavailable due to maintenance, updates, or technical issues
• We reserve the right to modify, suspend, or discontinue the Service at any time
• We will provide reasonable notice of planned service interruptions when possible
• We may update these Terms from time to time, with notice provided through the Service

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR MEDICAL DECISIONS MADE BASED ON INFORMATION FROM THE SERVICE

10. Indemnification

You agree to indemnify and hold harmless Mental Gymnastics Corporation, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Any content you submit through the Service

11. Termination

Either party may terminate this agreement:

• By You: You may stop using the Service and delete your account at any time
• By Us: We may suspend or terminate your access for violation of these Terms, with or without notice
• Effect of Termination: Upon termination, your access to the Service will cease, and we will handle your data according to our Privacy Policy
• Survival: Sections relating to liability, indemnification, and dispute resolution will survive termination

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Wyoming, without regard to conflict of law principles.

Dispute Resolution Process:

• Informal Resolution: Before formal proceedings, contact us at [email protected] to attempt resolution
• Binding Arbitration: Unresolved disputes will be settled through binding arbitration in Wyoming
• Class Action Waiver: You agree not to participate in class actions against us
• Small Claims Court: Either party may pursue claims in small claims court for appropriate matters

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will post the updated Terms on our website with a new "Last Updated" date
• For material changes, we will notify you through the Service or via email
• Your continued use of the Service after changes constitutes acceptance of the new Terms
• If you do not agree to the changes, you must stop using the Service

14. Contact Information

If you have questions about these Terms of Service, please contact us:

For technical support or account issues, please use the contact information above. We typically respond to inquiries within 24-48 hours during business days.

Thank you for choosing Vitalita. We are committed to providing you with a secure, compliant, and helpful healthcare AI experience.